Author name: SpicyIP

Going Back to First Principles – A Nuanced Understanding of Infringement in Google v DRS

/ By / Trademark

We are pleased to bring to you a guest post by Aditya Gupta on the recent Delhi High Court Division Bench order in Google v. DRS. Aditya is an attorney at Ira Law and represents Google in trademark litigation relating to keyword advertising. He graduated from National Law University, Jodhpur and then pursued a masters in law from Harvard Law School. Before co-founding Ira Law, he was part of another law firm for 7 years and then an associate at […]

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SpicyIP Weekly Review (August 7- August 13)

/ By / Copyright, Patent, Trademark

Last week was full of exciting discussions on the blog. Praharsh wrote on the Delhi High Court’s Division Bench order staying the operation of the Single Judge’s direction in Vifor “Product by Process Claims” case and on the Oppositions Status Report filed by the Trademark Registry before the Delhi High Court. Mathews discussed the Delhi High Court’s order directing for strict interpretation of the PCT timelines while filing the national phase applications. We also had guest posts by Rahul Bajaj

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Gazing at Substantive vs Procedural Rights in the Light of SAP Se vs Swiss Auto Products and Anr

/ By / Trademark

[This post is authored by SpicyIP Intern Varsha Sharma. Varsha is a 5th year law student pursuing B. A. LL.B (Hons.) from Jindal Global Law School, Sonipat.] In this post, I will be dwelling on the aspect of vested substantive rights encompassed within procedural rules, from the perspective of the recent controversy raised in SAP Se vs Swiss Auto Products and Anr. The case revolved around SAP Se (Appellant) trying to furnish new evidence according to the Trademark Rules, 2002.

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Modern Foods v. Modern Snacks: A Pragmatic Approach to Trademark Infringement Suit Injunctions

/ By / Trademark

[This post is authored by our former blogger Rahul Bajaj. Rahul is an attorney at Ira Law.] When assessing whether a plaintiff in a trademark infringement suit is entitled to an interim injunction, the findings of courts on the 3 factors of prima facie case, balance of convenience and irreparable harm are typically uniform, either supporting the grant of an injunction or its refusal. However, the July 2023 judgment of the Delhi High Court in Modern Foods v. Modern Snacks

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SpicyIP Weekly Review (July 31- August 6)

/ By / Copyright, Others, Patent, Trademark

Last week was full of exciting discussions on the blog. Lokesh wrote a post on the 2023 amendments to the Cinematograph Act, 1952 and put out the second post in our ‘SpicyIP Flashback’ series. Praharsh discussed an interesting development in Karnataka where a Court granted an interim injunction to a law student against 2 law assistant professors, on copyright infringement claims. Anything important we’re missing out on? Drop us a comment below!  Highlights of the Week Cinematograph (Amendment) Act, 2023:

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[Sponsored] CIIPC, NLU Delhi Invites Applications for the Position of Research Programme Coordinator (Apply by August 12)

/ By / Opportunities, Sponsored

We are pleased to inform you that the Centre for Innovation, IP and Competition (CIIPC), National Law University, Delhi is inviting applications for the position of Research Programme Coordinator. The last date to apply is August 12, 2023. For more detail please read the announcement below. Call for Applications – Research Programme Coordinator The National Law University Delhi (‘University’), through its Centre for Innovation, IP and Competition (CIIPC), is seeking to engage a Research Programme Coordinator for one year on

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SpicyIP Weekly Review (July 24 – July 30)

/ By / Biological Diversity, Competition Law, Copyright, Design, Opportunities, Patent, Trademark

Last week saw some pretty interesting discussions on the blog.  Detailed posts analysing the recently-pronounced landmark judgements in Ericsson v CCI and Krishna Kishore Singh v. Sarla & Others were published along with a quick post on DPIIT’s notice over collection of royalties by copyright societies.  This weekly review is co-authored with SpicyIP Intern Yashna Walia. Yashna is a fifth-year law student at UILS, Panjab University, Chandigarh. Her area of interest lies in IP and corporate law. Highlights of The Week SpicyIP Tidbit: The

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Elon Musk’s Obsession with Letter ‘X’- A Possible Trademark Issue for Twitter in India?

/ By / Trademark

[This post is authored by SpicyIP intern Abhijeet Audichya. Abhijeet is a fourth-year law student at Hidayatullah National Law University, Raipur, and is interested in the intersection of TMT and IP laws.] As we already know, the sudden move of Twitter’s management to rebrand the popular communications platform by changing the famous ‘blue bird logo’ to ‘X’ has taken the world by surprise. But what seems like a probable ramification of the rebranding move is the trademark dispute that the

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Taking Publicity and Privacy to the Grave: Delhi High Court on Descendability of Publicity Rights

/ By / Copyright, Privacy

[This guest post is authored by Devangini Rai. Devangini is a graduate of the University School of Law and Legal Studies, Guru Gobind Singh Indraprastha University, New Delhi. She is an IP lawyer based out of New Delhi. The views expressed here are those of the author’s alone. She has previously written for SpicyIP here and here.] The Delhi High Court in a judgement delivered by HMJ C. Hari Shankar affirmed the legal position on descendability of publicity rights as

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[Sponsored] NLU Delhi IPR Chair Invites Applications for the Position of Research Assistant (Law) [Apply by August 05]

/ By / Opportunities, Sponsored

We are pleased to inform you that the Chair on Intellectual Property Rights, National Law University, Delhi is inviting applications for the position of Research Assistant (Law). The last date to apply is August 05, 2023. For more detail please read the announcement below. Call for Applications – Research Assistant (Law) National Law University, Delhi (“University”) is seeking to engage, on a contractual basis, one full-time Research Assistant (Law) for Chair on Intellectual Property Rights (IPR Chair), at its campus

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