Author name: SpicyIP

Playing from a “Safe Distance”: Analysing the Rule, its Roots and Application in India

/ By / Trademark

Recently one of the parties in R.C. Plasto Tanks and Pipes Pvt. Ltd. v. Ganesh Gouri Industries & Anr. referred to the “Safe Distance Rule”. Discussing what this rule is and its origin, we are pleased to bring to you this post by SpicyIP intern Samridhi Chugh. Samridhi is a final-year student at the Campus Law Centre, Faculty of Law, University of Delhi, and a graduate in Journalism from Lady Shri Ram College for Women. With a passion for the […]

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The Curious Case of Composers and Copyright – Ilaiyaraaja’s Copyright Dispute with ‘Manjummel Boys’ Makers

/ By / Copyright

In light of the ongoing copyright dispute between legendary composer Ilaiyaraaja and makers of the hit Malayalam movie “Manjummel Boys” we are pleased to bring to you this tidbit by SpicyIP intern Tejas Misra. Tejas explains what the dispute was about and shares his quick take on the rights of composers under the Indian Copyright Act. Tejas is a third-year law student at National Law University, Delhi, and is interested in the evolution of IPR law and its growth in

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Copyright Violations in Derivative Works and Music Sampling – The Case of “Chuttamalle”

/ By / Copyright

On the recent controversy regarding similarity between Anirudh’s latest song “Chuttamalle” and Chamath Sangeeth’s “Manike Maga Hithe”, we are pleased to bring to you this tidbit by SpicyIP Intern Tejas Misra. Tejas is a third-year law student at National Law University, Delhi, and is interested in the evolution of IPR law and its growth in India. His previous posts can be accessed here. Copyright Violations in Derivative Works and Music Sampling – The Case of “Chuttamalle” By Tejas Misra Recently,

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Missed Hearings Do Not Equal Abandonment: Star Scientific Limited v. The Controller Of Patents And Design

/ By / Patent

Recently on July 30, the DHC clarified that non appearance of an applicant in a hearing cannot result in the Controller deeming their application as abandoned. Discussing this order and noting its importance vis a vis the right to be heard, we are pleased to bring to you this post by SpicyIP Intern Aditi Bansal. Aditi is a fourth year law student studying at OP Jindal Global University. She is incredibly passionate towards IP laws and its workings. Her previous

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Close to 2 years of Trademark Registry Orders Under Scrutiny After Questions of Illegal Delegation of Examiner Duties Arise

/ By / Trademark

[This post is authored by Md. Sabeeh Ahmad. Sabeeh is a recent law graduate from AMU, Aligarh. His previous posts can be accessed here.] The Controller General of Patents, Designs, and Trade Marks (CGPDTM) seems to have embroiled itself into a fresh set of controversy, highlighting a major problem with the functioning of the Trademark Registry. This latest issue could mean that the last 2 years of trademark application examinations need to be reviewed, because they were assigned to third parties

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SpicyIP Weekly Review (August 5-August 11)

/ By / Copyright, Patent, Trademark

Here is our recap of last week’s top IP developments including summary of the posts on Lupin’s colour trademark registrations, revisions to Covaxin’s patent application, DHC’s order against a plaintiff who submitted false evidence in a trademark suit, and BHC’s decision restraining AI platforms from using Arijit Singh’s likeness. This and much more in this SpicyIP Weekly Review. Anything we are missing out on? Drop a comment below to let us know.  Highlights of the Week What’s in a Colour?

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What’s in a Colour? Taking a Look at Lupin’s Colour TM Application for its Inhalers 

/ By / Trademark

Recently Lupin Atlantis Holdings SA secured trademark registrations for three colour combinations for its inhalers. Highlighting some interesting bits from the prosecution of these applications and explaining the implications of these registrations on the larger access to medicines issues, we are pleased to bring to you this post by Md. Sabeeh Ahmad. Sabeeh  is a recent law graduate from AMU, Aligarh. His previous posts can be accessed here. What’s in a Colour? Taking a Look at Lupin’s Colour TM Application for

What’s in a Colour? Taking a Look at Lupin’s Colour TM Application for its Inhalers  Read More »

Trademark Infringement to Criminal Prosecution: an Inimitable Interaction?

/ By / Trademark

In an interesting turn of events, the plaintiff in a trademark infringement suit had to face the wrath of the Delhi High Court for submitting false evidence and got criminal proceedings instituted against them on the directions of the Court. Discussing this development in detail, we are pleased to bring to you this post by SpicyIP intern Rishabh Deshpande. Rishabh is a 3rd year B.A.LLB. student from WBNUJS, Kolkata. His previous post can be accessed here. Trademark Infringement to Criminal

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SpicyIP Weekly Review (July 29-August 4)

/ By / Copyright, Patent, Trademark

Here is our recap of last week’s top IP developments including summary of the posts on legal notices sent by Manu Bhaker’s team to different companies for putting out unauthorized congratulatory posts, DHC’s orders on Al-Hamd Tradenation’s compulsory license application to access PPL’s sound recordings, and our comments on the draft Trademark (Holding of Inquiry and Appeal) Rules. This and much more in this SpicyIP Weekly Review. Anything we are missing out on? Drop a comment below to let us

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Manu Bhaker’s Olympics Victory: Do Brands Violate Publicity Rights by Putting out Congratulatory Posts?

/ By / Trademark

Alongside winning medals for India in the 2024 Olympics, shooter Manu Bhaker is also in the news for legal notices sent on her behalf against ‘unauthorized’ congratulatory posts by different companies. Now, one may wonder what’s the harm in posting a simple congratulatory message and if such a measure is a little too extreme. Explaining why and how such seemingly innocuous posts infringe on the shooter’s personality rights, we are pleased to bring to our readers this post by SpicyIP

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