It has been quite a busy and unique week. Busy because of the quantum of output and unique because we had the honour of Justice G.S. Patel, a sitting Bombay HC judge, penning a guest post for us. To make the week sweeter, SpicyIP was listed 8th in the top 100 IP blogs on Feedspot’s website. Thematic Highlight The week’s thematic highlight has to be the exchange between Justice G.S. Patel and Prof. Sarnoff regarding whether copyright protection is content …
The Motion Picture Distributor’s Association (India) Pvt. Ltd. (MPDA) sent its comments on the TRAI consultation paper on Net Neutrality. Prior to delving into the content of MPDA’s comment, let us quickly acquaint ourselves with some basic information. This is more of a detailed report, rather than an analytical piece. Basic Information TRAI released a “Consultation Paper on Net Neutrality” on 4th January 2017. The paper, essentially, discusses the possible policy regarding management of data flow over the internet. Until …
Motion Picture Dist. Association’s Comment #TRAI Consultation Paper Read More »
A few days ago, I had discussed a Bombay HC Order involving Cello and Modware. Justice Patel had provided relief to Cello on account of Cello successfully establishing, prima facie, both passing off and design infringement. Prashant, after reading the piece, put forth the following query: “If the design of the bottle is acting as an indicator of source, doesn’t it follow that it can be registered as a trademark which means it is incapable of being registered as design because it falls …
Passing Off and Design Infringement: The Conflict Read More »
I write to bring you an analysis of a Bombay HC Justice Patel Order that discusses passing off and design infringement in a mind-bogglingly interesting context… two water bottles. While being incredibly clear at times, the Order was equally ambiguous at places. I shall point these “ambiguities” out over the course of this piece and would be incredibly grateful if readers could shed some light. All assertions of law I make in this piece have been sourced from Venkateswaran on …
Cello v. Modware #Design Infringement #Passing Off Read More »
I write to discuss a recent Bombay HC Justice G.S. Patel Order on trade mark infringement. Though the core reasoning involved is rather straightforward, a few of the questions and arguments raised deserve our attention. Though these aspects might not have been relevant to the final result in the current fact scenario, they are very much relevant in the larger scheme of jurisprudence. Prior to delving into the trickier aspects of the order, let us set aside the less convoluted portion (though …
Ajanta Pharma v. Theon Pharmaceuticals #TM Infringement Read More »
Thematic Highlights We have three thematic highlights: Mr. Rajiv’s Post critiquing the UK Unwired Planet v. Huawei decision. Inika’s Post on the “Darzi” TM. Prashant’s Post on the constitutionality of the new “Well Known” marks registration procedure. Mr. Rajiv, critiquing the UK High Court of Justice (Patents), covers the following ground: i. After pointing out a large number of details and excerpts, he argues that patent portfolios are antithetical to the FRAND terms and promotion them is problematic on account of limited consistency …
I write to update you regarding a recent Justice R.K. Gauba Delhi HC order concerning restriction of unauthorized broadcasting/transmission of the VIVO IPL 2017. The order can be found at: Sony Pictures vs Home Cable- IPL 2017. This is more of a detailed report, as opposed to an analytical piece. Sony Pictures Networks India sought two reliefs: i. An ex parte ad interim injunction restricting unauthorized relay of IPL 2017. ii. Appointment of Local Commissioners. Relief (i) The defendants in the …
I write to discuss a Delhi HC Justice Muralidhar order dealing with the dispute over the domain name http://www.googlee.in (Registered by one Mr. Khatri). Needless to say, Google was the complainant. Prior to critiquing the order, it would be beneficial to familiarize ourselves with the manner of functioning of certain organizations that are affiliated with Domain Name registration. Quick Overview of the .IN Domain Name Resolution Policy Every Domain Name that ends with “.in” (E.g. http://www.Amazon.in) needs to be registered …
Justice Muralidhar’s Googlee (“www.Googlee.in” v. Google) Read More »
I write to bring to your attention the Annual Report (2015-2016), compiled by the Office of the Controller General of Patents, Designs, Trademarks and Geographical Indications (CGPDTM). Instead of coming up with a comprehensive summary of the report, that would largely comprise of drowning you in information, I will attempt to provide you with a basic overview that will help you in digesting and comprehending the otherwise bulky report. But first, I wish to bring to your notice a bit …
Here I will be discussing the CDMA (‘Code Division Multiple Access’) tech. and its link with India. As legal analysts, we only need to understand that the link between a technology and its relation with the tax jurisdiction is relevant in determining tax liability. This has been discussed in detail in Part I (A&B). In other words, this piece is more of a supplementary piece for the enthusiastic reader who wishes to understand the underlying tech. to a greater depth …
Part III: Qualcomm v. ACIT #Technology Supplement (CDMA) Read More »
