Author name: Shwetasree Majumder

The eBay-Rowling imbroglio – PART I

When Shamnad drew my attention to a report on the purported injunction against eBay as granted by an Indian court, I was quite surprised (to put it very mildly)! In India the courts have traditionally taken a stand against ISP liability and if such an injunction had indeed been granted it would diametrically change this position. Yet, despite the news.com report (hyperlinked above) having used fairly cautious language, other media reports on the issue such as times online contain unequivocal […]

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India gives a much awaited nod to the Madrid Protocol

The Indian Cabinet has approved a plan for the country to accede to the Madrid Protocol. If the proposal gets the backing of the Parliament, international trade mark owners will be able to extend their rights to the world’s second most populous country using the Madrid system, and Indian applicants will be able to extend their trade marks overseas. (See the detailed report in MIP) What does this mean for trademark owners in the light of the Trade Marks Act,

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Kondapalli toys get GI protection

Kondapalli toys are the most recent category of handicrafts to obtain Geographical Indications (GI) protection in India, being only the second handicraft from the state of Andhra Pradesh to receive such protection. Made in the village of Kondapalli on National Highway No. 9, 25 km from Vijaywada, this art form can be traced back to the times of Sri Krishna Deva Raya. Toy making in Kondapalli is an intricate process which even to this day is done only by hand

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Breach of Confidentiality – taking a few steps back?

A few days ago someone in the Delhi High Court drew my attention to the decision of the Single Judge in American Express Bank Ltd. v. Priya Puri (CS(OS) No. 1442/2005). This was a case that essentially involved a breach of confidentiality/ trade secrets action against a former employee of American Express Bank. My first reaction was “Given that the Plaintiff was seeking to enforce several expressly worded confidentiality clauses in the contract of an ex-employee, coupled with actual evidence

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The ‘regressiveness’ of laptops

I wondered if it would be appropriate to talk about this on a site that is by nomenclature an IP blog…but then…whats life without a little humour? I am copying an article that was published in the November 4th issue of Hindustan Times, New Delhi edition: “The Central government and the All India Institute of Medical Sciences (AIIMS) believe a judge using a laptop—instead of paper and a pencil—might not be able to deliver justice. At least, this is what

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Delhi High Court adjudicates on the “grey” area of parallel importation

Indian courts have always towed the ‘ambiguous’ line on the issue of parallel importation in intellectual property matters – never obviously or directly pronouncing a verdict that grey market goods are “infringing” goods under the Trademarks Act, and instead granting injunctions against their imports on the basis of violations under the Standards of Weights and Measures Act, etc. A 6th September order of the Delhi High Court in Samsung Electronics Company Ltd. And another v. Mr. S. Sahani [CS(OS) 1603

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From Pashm to Pashmina – The GI way

‘Kashmir Pashmina’ has been designated a Geographical indication pursuant to an application by the Craft Development Institute, established by the Office of Development Commissioner – Handicraft, Ministry of Textiles, Government of India, and the Department of I&C (Directorate of Handicrafts), Government of Jammu & Kashmir. The application filed for ‘Kashmir Pashmina’ was heard in May 2006 at the Intellectual Property Office, Delhi by a committee of experts from diverse sectors of industries, including the Controller General of Patents, Designs and

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Zippo shape mark protected by Indian court

Zippo Manufacturing Company, the world-famous manufacturer of windproof lighters that shot to popularity in World War II and have been iconised in Hollywood ever since, was awarded a shape mark registration in India for the unique shape of their lighters. This registration, under No. 714368 in Class 34 comes close on the heels of an earlier USPTO registration for the same shape granted in 2002, which is yet to test the waters in a court of law. Within about seven

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