Author name: SpicyIP

Would Sending a Cease-and-Desist Notice Harm Your Chances of Securing an Ex Parte Ad Interim Injunction? Some Perspectives

/ By / Copyright, Trademark

We are pleased to bring to you a guest post by Roshan Santhalia ruminating on the question of whether a cease-and-desist notice before instituting a trademark or copyright infringement suit should be issued or not. Roshan is a practising counsel, who has been practising for the last 12 years before the Supreme Court and the Delhi High Court. His predominant areas of practise are Arbitration, Commercial and Intellectual Property Laws. He completed his B.A. (Hons) LLB from NALSAR, Hyderabad in …

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SpicyIP Weekly Review (September 11- September 17)

/ By / Copyright, Drug Regulation, Others, Patent, Trademark

Wondering what IP developments took place last week? Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news.   Highlights of the Week Draft Patent Amendment Rules – Increasing Efficiency of Granting Patent Monopolies While Forgetting the Reason for Allowing Them in the First Place Changing substantive safeguards through procedural amendments. That’s perhaps the best way to summarize the recently proposed Draft Patent Amendment Rules. …

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[Sponsored] Alert: Here is Your Chance to Meet the UNH Franklin Pierce’s Dean Cooper in India (October 2- October 9)

/ By / Sponsored

We’re pleased to bring to you this post by UNH Franklin Pierce about its Associate Dean for Administration and Enrolment’s visit to India. Note: this is a sponsored post. Alert: Here is Your Chance to Meet the UNH Franklin Pierce’s Dean Cooper in India (October 2- October 9) In 2021, Shane Cooper joined UNH Franklin Pierce as the Associate Dean for Administration and Enrolment. The move to UNH Franklin Pierce came after nearly three decades in the US Navy, where …

[Sponsored] Alert: Here is Your Chance to Meet the UNH Franklin Pierce’s Dean Cooper in India (October 2- October 9) Read More »

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SpicyIP Weekly Review (September 4- September 10)

/ By / Copyright, Patent, Trademark

Wondering what IP developments took place last week? Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news.  Highlights of the Week Delhi High Court Calls Out the Practice of Granting Ad-Interim Ex-Parte Injunction Without Granting the Defendant an Opportunity to Reply The Delhi High Court recently clarified that if an impugned mark has been in the use before institution of the suit, the …

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Delhi High Court Calls Out the Practice of Granting Ad-Interim Ex-Parte Injunction Without Granting the Defendant an Opportunity to Reply

/ By / Trademark

The Delhi High Court’s August 21 order in Dabur India v. Emami has grasped the attention of the IP community in the country. Setting aside the Single Judge’s order, the court held that the appellant should have been allowed to file a response opposing the ad-interim injunction application. One of the key considerations for this order was the appellant’s use of the mark before the institution of the suit. Later, the Single Judge in another case (Silvermaple v. Dr. Ajay …

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SpicyIP Weekly Review (August 28 – September 3)

/ By / Copyright, Others, Patent, Trade Secret, Trademark

Wondering what IP developments took place last week? Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. Highlights of the Week Microsoft Corporation V. Zoai Founder: How an Arbitrator’s Self Praise and Improper Research Led  to Setting Aside a Domain Dispute Award Akshay Ajayakumar discusses an interesting development of how an arbitrator’s self-praise and improper research led to setting aside a domain dispute award by …

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Analysing “Dynamic+” Injunctions: Delhi High Court’s Latest Judicial Invention

/ By / Copyright

On August 9, 2023, the Delhi High Court issued the first ever “Dynamic+” Injunction order in Universal City Studios LLC and Ors v. DotMovies.Baby and Ors, protecting the future works of the plaintiffs from copyright infringement by flagrantly infringing online locations (FIOLs). We are pleased to bring to you a guest post by Reva Satish Makhija analysing the justifications of the court and discussing the potential impact it may have. Reva Satish Makhija is a 3rd Year law student at …

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Microsoft Corporation V. Zoai Founder: How an Arbitrator’s Self Praise and Improper Research Led  to Setting Aside a Domain Dispute Award

/ By / Others, Trademark

We are pleased to bring to you a guest post by Akshay Ajayakumar on the Delhi High Court’s order in Microsoft Corporation v. Zoai Founder. Akshay is a graduate of National Law University, Jodhpur, and has an LL.M in IP and Competition Law from the Munich Intellectual Property Law Center (MIPLC). He is currently a consultant for domain name disputes at Sim and San, Attorneys At Law. His previous posts can be accessed here. Views expressed here are those of …

Microsoft Corporation V. Zoai Founder: How an Arbitrator’s Self Praise and Improper Research Led  to Setting Aside a Domain Dispute Award Read More »

Smells like Luxury, Does it Cost a Trademark Battle?

/ By / Trademark

Recently, there has been an increase in the number of advertisements on social media for perfumes that offer the same fragrance as a luxury one at a reasonably affordable rate. If you have come across such ads and have wondered whether such use of a mark infringes the mark of the luxury brand, then you are not alone. We are pleased to bring you a guest post by our former SpicyIP Intern Ishant Jain, who shares his opinion on this …

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The Times They Are a-Changin’? A Look at the Revised Patent Prosecution Timelines in the Draft Patent Amendment Rules

/ By / Patent

On August 23, the Draft Patent (Amendment) Rules, 2023, were published in the Gazette of India, inviting public comments by September 22. Since then, the Rules have been extensively discussed within the IP community, especially the potential impact they may have on the patent opposition mechanism. While we are working on a separate post, with comments on the different aspects of these suggested amendments, we are pleased to bring to you a post on the proposed changes to the prescribed timeline …

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