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Rishabh Mohnot

Rishabh is a fifth-year law student at the WB National University of Juridical Sciences, Kolkata.

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SpicyIP Weekly Review (May 13-19)


I wrote a post on the Delhi HC’s recent order and circular that seek to prevent the practice of ‘defendant masking’. The order and circular prescribe stricter checks by the registry and an undertaking from the plaintiff suggesting that the defendant arraigned as Defendant Number 1 is the main contesting defendant. Other Developments Indian Judgments International Cycle Gears v. The Controller of Patents and Designs and Others – Calcutta High Court [May 10, 2019] The Appellant filed an appeal against the…


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Delhi HC Comes Down Heavily on the Practice of ‘Defendant Masking’


In Bata India v Chawla Boot House, a case concerning trademarking infringement and passing off, the Delhi High Court came down heavily on the practice of ‘defendant masking’. Plaintiffs use this strategy to avoid detection of the matter in cause lists and thereby obtain injunctions in initial hearings without the presence of the main defendant’s counsel. The court took notice of this strategy in this case, and directed stricter measures from the Registry to control it in all IPR suits….


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SpicyIP Weekly Review (April 29-May 5)


Topical Highlight Prarthana wrote a post on the imposition of a staggering Rs. 5 crore in costs in Nippon Steel & Sumitomo Metal Corporation v Kishor D Jain. The case concerned the sale of low-quality pipes to a customer intending to use the same in oil plants. This constituted trademark infringement because the pipes were improperly branded with Nippon Steel’s labels. Justice Kathawalla thought it necessary to impose such extraordinary damages because of the use of low-grade material in an…


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The Nature of Orders and Quorum Requirements at the IPAB (Part II)


In the previous part of this post, I had argued that there is no exception to the quorum requirements on the basis of the nature of the order. Therefore, even if the orders passed by the IPAB without quorum were administrative orders (which I argued were not), they would not be free from the quorum requirements. In this part of the post, I try to delve deeper into Section 84 of the Trade Marks Act and check whether the Chairman’s…


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Delhi High Court Issues Notice to DIPP on Vacancies at IPAB


Recently, the Delhi High Court took cognizance of the inconvenience caused to litigators due to vacancies at the IPAB (covered on the blog earlier here and here) and issued a notice to the Department of Industrial Policy and Promotion (DIPP) demanding a status report on the appointment of Technical Members to the IPAB. The status report submitted to DIPP revealed that advertisements to fill the posts of Technical Members for the Copyright and Trademarks side (2 members each) and Patents…


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SpicyIP Weekly Review (April 15-21)


In a guest post, Shalini Bhutani argues that the Protection of Plant Varieties and Farmers Rights Act 2001 is likely to have a detrimental impact on the well being of farmers. She highlights the recent string of  lawsuits filed by PepsiCo India, asserting breeder rights in varieties of potatoes against farmers in Gujarat, to caution that the pro-farmer aspects of the legislation could be in serious threat. SpicyIP Events Pankhuri informed us of the 2019 WIPO-UNIGE Summer School that will…


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SpicyIP Weekly Review (April 8-14)


Topical Highlight Divij wrote a post on India’s first ‘dynamic’ website blocking injunction, issued by the Delhi High Court. This order allows for the plaintiff to apply for the extension of an injunction to ‘mirror/redirect/alphanumeric’ websites (that contain the same content as the original prohibited website) to the Joint Registrar of the Delhi High Court. Thematic Highlight I wrote a post on the nature of orders and quorum requirements at the IPAB, in light of the orders passed despite continued…


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The Nature of Orders and Quorum Requirements at the IPAB (Part I)


In January, I had written a brief post alleging the illegality of the hearings conducted and the orders passed by the IPAB. I had argued that the IPAB had violated the law because it failed to meet the quorum requirements under provisions of the Trade Marks Act, 1999 read with the IPAB (Procedure) Rules, 2003 (‘quorum requirements’) when conducting hearings and passing orders. Since the retirement of Technical Member Sanjeev Kumar Chaswal on December 5, 2018, the IPAB has remained…


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Copyright

The Case for the Moral Rights of Javed Akhtar in the Song ‘Ishwar-Allah’


Last week saw the release of the trailer of ‘PM Narendra Modi’, the much-awaited biopic of our current Prime Minister which is set to hit screens on April 12, 2019. While it has garnered differing reviews, it has resulted in yet another controversy associated with the film (the Election Commission of India is already looking into whether the release of the movie would violate the Model Code of Conduct for candidates, see here and here). This latest controversy involves the…


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SpicyIP Weekly Review (March 25-31)


Prarthana wrote a post on the recent ‘green order’ passed by Justice Najmi Waziri of the Delhi High Court. While the case concerned the dilution of a trademark used for the sale of a particular diabetes drug, the noteworthy aspect of the judgment is the order that required the respondent to plant 1,40,000 trees in Delhi. Prarthana analyses the law relating to costs, and questions the validity of such an order being passed, given that the trees were not a…


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