Author name: Sumathi Chandrasekharan

Potter/Puttar arguments come to a close

After Prashant’s engaging post on Potter, parodies, and the right to laugh, here’s a quick update on the Hari Puttar case, for those of you who are still keen on following the developments. Arguments concluded earlier this week, after the defendants (Mirchi Movies et al) attempted to establish that there was evident dissimilarity in the two titles in question. Indeed, the defense argued that there ought to be different tests for film titles and trademarks, especially keeping in mind the […]

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Hari Puttar: the saga continues

Arguments in the Hari Puttar/Harry Potter case have been continuing over the past three days. The plaintiffs (Warner Bros.) have ended their arguments, and the defendants (Mirchi Movies et al) began on Thursday. A brief overview of what has ensued thus far follows. The petitioner’s case, as pointed out in a response to comments made in the previous post, is on grounds of the doctrine of Initial Interest Confusion. The general doctrine is premised upon ‘the use of another’s trademark

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Hari Puttar, now playing in Delhi

Misinformed reporting?An update on the Hari Puttar story we reported on recently: Our primary sources for that report were news stories that appeared on various websites, Indian and international. These reports, considering that they contained practically the same quotes from the parties to the case, were presumably based on a press release or a press conference. SpicyIP has since acquired information that suggests that these reports might in fact be incorrect. The applicants, i.e., Warner Bros. (WB), have been tight-lipped

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SpicyIP Tidbit: ‘Hari Puttar’ in trouble with Warner Bros

Close on the heels of SpicyIP’s new logo, there’s spicy news that a Mumbai banner – Mirchi Movies (and I shan’t make things more obvious) – has been sued for IPR violations by Warner Brothers over the choice of title of its children’s film, Hari Puttar — A Comedy of Terrors, for being too similar to its “Harry Potter” franchise. The case was listed for hearing today in the Bombay High Court, while the film is scheduled for release in

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SpicyIP Tidbit: Open source licenses are copyright enforceable

The terms of an open source license are copyright enforceable, and not merely enforceable under contract law, according to a pioneering decision of a US Court of Appeals for the Federal Circuit (CAFC) last week. The court essentially held that the provisions of an open source license constitute a form of copyright, and are legally enforceable as such. Read this excellent article in InformationWeek on the case here. Brief facts of the Jacobsen vs Katzer decision (available as a download

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SpicyIP Tidbit: Fashion and the IPR FFIt

IP is the newest buzzword in fashion – the pun, unfortunately, was irresistible. The latest breakaway faction of the Indian fashion industry – the Fashion Foundation of India – has set up what is intended to be “an apex body… that will work towards capacity building of the fashion, design and manufacturing industry.” What is of interest to SpicyIP is this news report, that says the FFI will “actively research, through its Research and Analysis Cell, and commission studies to

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SpicyIP Tidbit: The Scrabble squabble, now in court

Image via WikipediaA few days ago, an invite popped into my Facebook account. Not the sort that entices you to explore your darker side by turning vampiric, or that calls you to save the world by growing virtual plants. This one beckoned me towards a new version of that classic divertissement – this time by the folks who own the brand themselves – Scrabble. But I do not write this to tell you of my application collection. Some of you

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Digital manners, and the future of governance

NB: The following post is not immediately related to Indian policy, but is a more general discussion picking up from a recent patent application on a possible scenario for future governance. After the OOXML saga (of which there is a lot more to come, I am sure), Microsoft is in the news again – this time for a patent on digital manners. The USPTO application for a Device Manners Policy (DMP) is available here: “The present invention includes methods and

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The OOXML standard: a paper tiger?

The standards debate over the preferred international document format has been ongoing for months now. The International Organisation for Standardization (ISO) has officially put on hold the certification of Microsoft’s Office Open XML (OOXML), after registering appeals from India, Brazil, South Africa and Venezuela, received some days ago against the March 2008 ratification. (Read the official press release here) Were the OOXML to be approved, it would override the pre-existing ISO standard of the open-source Open Document Format (ODF), which

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SpicyIP Tidbits: Satyam vs Upaid redux

Upaid returns to haunt Satyam with a fresh set of claims in its fraud case against the Indian IT service provider being fought in a Texas court. Business Standard gives us latest developments here: the British company Upaid widened its US fraud case against Satyam, based on court admissions by senior Satyam employees, to include claims that the Indian firm failed to provide good title to intellectual property developed for Upaid in the late 90s, intentionally misleading Upaid in the

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