Author name: SpicyIP

Skechers Inc. USA Vs. Pure Play Sports – Part II : Imposition Of Actual Legal Costs – No More A Far-Fetched Aspiration In Today’s Legal Environment

/ By / Others

[This guest post has been authored by Dr. Abhimanyu Chopra, Urvashi Misra, Aman Chaudhary. The authors Dr. Abhimanyu Chopra (Partner), Urvashi Misra (Senior Associate) and Aman Chaudhary (Associate) are with AZB & Partners and represented the Plaintiffs i.e. Skechers USA Inc. and its affiliate entities in the case. Views expressed here are those of the authors.] In 2018, we discussed the “Implications of Actual Costs and Taxation of Costs – A Notable And Welcome Change In the IP Regime” in […]

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Trademark Disparagement, Free Speech and Bullying: The Case of Dabur v. Dhruv Rathee

/ By / Trademark

[This post is authored by SpicyIP intern Srujan Sangai. Srujan is a second-year BA LLB student at the National Law School of India University, Bengaluru. He is interested in intellectual property law and technology law.] Dhruv Rathee, a popular Youtuber found himself in a court battle against Dabur India (Dabur India Limited v. Dhruv Rathee) for criticizing its “Real” packaged fruit juice in his (now removed) video ‘Is Fruit Juice Healthy? | The Harsh Truth’. Dabur, who is no stranger to product

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SpicyIP Weekly Review (March 20-March 25)

/ By / Copyright, Design, Others, Patent, Trademark

[This weekly review is co-authored with SpicyIP intern Niranjana Biju. Niranjana is a second-year student pursuing B.A. LL.B. (Hons.) from NUALS, Kochi. She is keenly interested in exploring various fields in law, especially IP, TMT and dispute resolution.] Here are the quick summaries of the 3 posts, 7 case summaries and other IP developments that took place last week. Important IP cases that we’re missing out on? Especially from other High Courts?  Please let us know so we can include

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IP Financing in India – Part II: The Supreme Court and (mis)interpretation of Banking Regulation Act, 1949

/ By / Others

Part I of this two-part guest post by Bharat Harne explored the implications of a complicated security perfection regime and non-mandatory registration of copyright on IP financing. Part II focuses on the   Canara Bank v N.G. Subbaraya Setty & Anr, a Supreme Court decision from 2018, that made some important observations on the use of trademarks as collateral. Bharat is a fourth-year student at the National Law School of India University, Bengaluru. IP Financing in India – Part II: The

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IP Financing in India – Part I: Perfection of Security and (Non) Registration of Copyright

/ By / Others

According to Duff and Phelps, and CII’s joint report in 2019 on IP-backed financing, the proportion of tangible assets in the market value of Standard and Poor’s 500 firms has declined from over 80 percent to under 20 percent in the past three decades, thus signifying the rising contribution of intangible assets. It further discusses, indicatively, the times when renowned companies have used IP as central collateral during times of distress. For instance, in 2012 Kodak used its facial recognition

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SpicyIP Weekly Review (March 13- March 18)

/ By / Copyright, Patent, Trade Secret, Trademark, Traditional Knowledge

Here are the quick summaries of 4 posts, 7 case summaries and other IP developments that took place last week. Important IP cases that we’re missing out on? Especially from other High Courts?  Please let us know so we can include them!   Highlights of the week IPD for Madras High Court! The Court Directs the State Government to Notify the Rules Within 1 Week IPD for Madras High Court! In a huge development, the Madras High Court has directed

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Trademarks, “Nature” of the Business and Interim Injunctions: Some Thoughts on the Delhi High Court’s Two (Opposing?) Orders

/ By / Trademark

(This post is authored by  SpicyIP Intern Niyati Prabhu, a second-year student pursuing B.A.LL.B. (Hons.) from NUALS, Kochi. See her previous posts here and here.) Recently Delhi High Court passed contrasting orders in Birla Institute Of Technology and Science, Pilani vs Maa Bhagwati Educational Society and Anr. (“BITS Case”) and the American International School, Chennai vs American International School, Greater Noida and Ors. (“American International School Case”).  On the face of it, the facts of both the cases seem similar,

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Workshop on ‘Patent Opposition in the Pharmaceutical Field’ [Kochi, April 24-28]

/ By / Opportunities

We are pleased to announce that the Inter-University Centre for IPR Studies (IUCIPRS), CUSAT, and Third World Network are jointly organizing the 4th edition of their workshop on ‘Patent Opposition in the Pharmaceutical Field’ between  April 24-28, 2023. The last date to apply for the workshop is March 25, 2023. For further details, please read the call for applications below: Workshop on ‘Patent Opposition in the Pharmaceutical Field’ [Kochi, April 24-28] Inter-University Centre for IPR Studies (IUCIPRS), CUSAT, and Third World

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SpicyIP Weekly Review (March 6- March 11)

/ By / Biological Diversity, Copyright, COVID-19, Drug Regulation, Geographical Indication, Patent, Trademark

Here are the quick summaries of 5 posts, 4 case summaries and other IP developments that took place last week. Important IP cases that we’re missing out on? Especially from other High Courts?  Please let us know so we can include them!   Highlights of the Week Learning from India’s Disastrous Experience in Protecting Itself against Biopiracy In light of the upcoming WIPO Diplomatic Conference on Genetic Resources and Traditional Knowledge, Prashant Reddy brings us a post highlighting India’s sub-par experience with

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Learning from India’s Disastrous Experience in Protecting Itself against Biopiracy

/ By / Biological Diversity

In light of the upcoming WIPO Diplomatic Conference on Genetic Resources and Traditional Knowledge, Prashant Reddy brings us a post highlighting India’s sub-par experience with its own Biological Diversity Act, 2002. Noting how the Indian Government is in the process of coming up with a new bill with significant amendments, Prashant suggests that perhaps other countries should look to learn from India’s experience. As our regular readers would know, Prashant has been one of our most prolific bloggers and his

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