Of Trademarks & Movie Titles: The Applicability of the Initial Interest Confusion Doctrine


If readers can recollect, majority of us agreed that the title ‘Hari Puttar’ makes one think of J.K. Rowling’s ‘Harry Potter’ according to a poll we ran on the blog four years ago. If not anything, that’s the first impression. Although the rhyming similarity with Harry Potter might have aroused initial consumer interest in the Punjabi comedy, this is not to say that moviegoers would think of the movie as an Indian version of the English novel. Warner Bros. claimed…


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Uncategorized

SpicyIP Announcements: The First PIP (Promoting Intellectual Property) Competition 2012


The First Annual NUJS IP Essay Competition 2012 announced last month has now been renamed as the PIP (Pondering Intellectual Property) Competition, 2012. We are pleased to announce that SpicyIP will co-host the first edition the competition along with the MHRD IP Chair at the National University of Juridical Sciences (NUJS) and the Intellectual Property and Technology Law Society (IPTLS). All students currently enrolled in full-time graduate program anywhere in the world can participate in the competition by submitting essays…


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Novartis AG’s Indian Patent Specification: On file with SpicyIP


After a 5 month long wait, the Patent Office at Chennai dispatched the information to an RTI application filed by me on November 01, 2011 asking for a photocopy of the entire case file of Novartis AG’s patent application on the anti-cancer drug, Glivec. The docket runs over 2500 pages. The complete patent specification filed on July 17, 1998 can be accessed from here.  Other files include First Examiner’s comments on patent specification, documents relating to grant of Exclusive Marketing Rights…


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Event

SpicyIP Announcements: 1st Annual NUJS IP Essay Competition


The MHRD IP Chair at National University of Juridical Sciences (NUJS) and Intellectual Property and Technology Law Society (IPTLS) is organizing the 1st Annual NUJS IP Essay Competition. All students enrolled in accredited graduate programs in law, social sciences or in any related field are eligible to participate in the competition. Topic: Should the process of creating an invention or work determine its protectability as an intellectual property? The Winning entry will receive Rs. 10,000/- and will be eligible for publication at the NUJS…


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Competition Law Trademark

My Ad or No Ad: Bharat Matrimony sues Google for Anti-Competitive Behaviour in Advertising


Consim Info Pvt. Ltd. filed yet another complaint against Google Inc. last month, only this time it’s before the Competition Commission of India (CCI) for ‘engaging in discriminatory and retaliatory practices relating to AdWords’. In a statement to the Economic Times, the complainant alleged that Google abused its dominant position in online advertising and it requested the Commission to impose measures for ensuring fair competition. The anti-competitive practice in question is the display of links of its competitor, Shaadi.com and…


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Event

P-PIL Call for Applications for Student Researchers


P-PIL invites applications for the post of Student Researchers. For those new to P-PIL, it is an initiative which aims to bridge the vacuum between the legal academia and legal industry and use the synergies to promote causes which are of public interest. In a very short span P-PIL has filed a writ petition challenging the constitutionality of the Intellectual Property Appellate Board before the Madras High Court. In March last year, P-PIL submitted a comprehensive report to the Ministry…


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Biological Diversity Plant Variety Protection

‘NO’ to Monsanto: Indian NGO Complains Bio-piracy before the EPO over a Resistant Melon Variety


Indian scientist and environmentalist Dr. Vandana Shiva has joined hands with ‘No Patents on Seeds’ coalition in their opposition to a patent granted by the European Patent Office (EPO) in May last year to Monsanto Invest N.V. over ‘closterovirus-resistant melon plant’. The patent claims a new variety of melon which is resistant to Curcurbit Yellow Stunting Disorder Virus (CYSDV) bred using closterovirus-resistant trait identified in few melons of Indian origin. The Indian variety has long been registered in international seed…


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Competition Law

John Doe orders for Blocking of Websites: Mad Dog without a Leash?


Of late increasing number of Bollywood filmmakers are seeking relief in terms of a John Doe order for blocking websites in anticipation of piracy before a movie release. Last month Megaupload and Filesonic were blocked by Reliance Communications (RCOM) pursuant to a John Doe order of the Delhi High Court prior to the latest release of its sister company, Don 2 (Kartik recently blogged on this here & here). The point enquiry in this post is three fold: (i) Whether…


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