Trademark

SpicyIP Tidbit: Expanded trademark classification

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A snippet for those tracking trademarks — there are a couple of amendments to the Trade Mark Rules 2002 with effect from 20 May 2010. The key change is the expansion of the Fourth Schedule to include four additional classes of services to the existing list. The notification, which can be accessed here, mimics the list of services present in the Nice Classification, which is an international classification of goods and services for the purposes of registration of trade marks….


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Breaking News: Madras HC dismisses Tirupati laddu PIL

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SpicyIP has breaking news that the Madras High Court today dismissed a Public Interest Litigation challenging the registration of Tirupati Laddu as a geographical indication. The Court dismissed the petition observing that alternate remedy of rectification had not been exhausted, that being the most appropriate route in this case. (Image of boondi laddu from here) The Tirumala Tirupati Devasthanam (TTD), represented by Anand and Anand, and the GI Registry had argued that the petition could not be maintained since the…


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Innovation Patent

SpicyIP Tidbits: Anil Gupta @ TED talks

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This is by way of a quick follow up to Shamnad’s superlative post on romanticising innovation a couple of days ago. Here’s a link to a very engaging talk by Prof Anil Gupta, the primum mobile behind the HoneyBee Network, from the TED Network. (Image from here) It lasts for about 20 minutes, and I would urge all of you to take some time out to listen to this talk – the download link below the video gives you various…


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Roche-Natco update: Roche concludes arguments

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The Roche-Natco proceedings continue in the Delhi High Court, which the SpicyIP team has been following closely. This is an extremely delayed update, and entirely due to myself — Apologies for the same. For those who are new to the case, please read our previous posts on this, here and here. Roche has now officially wrapped up arguments on the interim injunction. It essentially tied together loose ends of its previous arguments. Readers will recall that the Court had thought…


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Roche-Natco update: "Public interest" again?

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The arguments in Roche vs Natco, which we have told you previously about here, continue in the Delhi High Court before Justice VK Shali. Today, the SpicyIP team brings you a brief overview of Roche’s arguments made against Natco on Thursday and Friday. Roche is likely to conclude its arguments today, while Natco has not yet begun. (Image from here) Minor delays on Thursday preceded the start of proceedings: Senior Counsel Arvind Nigam, who was leading Natco’s arguments, was busy…


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Copyright

The Story of the Laawaris Song, as Told by the Calcutta HC

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Three orders in the Laawaris/Housefull song matter passed separately on 29 and 30 April 2010 in three different suits are now available online here, here and here. Knitting the three orders helps put together the story of the song, and how each of the parties has claimed to own title to the copyright, which is what I attempt to do below. For our previous posts in this, read here and here. The parties in the suits, who have played the…


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Trademark

SpicyIP Tidbits: Centre refuses MontBlanc permission to use Gandhi image

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In what promises to end the Montblanc-Gandhi dispute once and for all, we have news that the Centre has refused permission to MontBlanc to use the image of Mahatma Gandhi on their pens. According to news reports, the Solicitor General told the Supreme Court that the Centre had rejected MontBlanc’s two applications seeking such permission on grounds that national emblems could not be used for commercial purposes. As a result, the Court has decided to dispose of the case after…


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Copyright

SpicyIP Tidbits: Housefull producer to sue music label for defamation?

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According to two reports from Subhash K Jha which appear separately in the Bangalore Mirror and the Times of India, the producer of Housefull, which film’s soundtrack included a controversial reworked version of a 30-year old song, intends to sue the music label that claimed to have sold him the rights to the song for defamation. (SpicyIP’s regular “guest” poster and copyright expert Nikhil Krishnamurty brought the news to our attention — I’ve been a tad late in putting this…


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Of south India, Handicrafts and changing types — GI trends

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If anyone’s glanced through the latest GI Journal, No. 33, available here, you will have seen that the number of applications for GIs in India has crossed the 200 mark. Of these, at least 120 have been granted already, according to this note that’s up on the IPO site. Since the IPO hasn’t put up an Annual Report in a very long time, and I was curious about some trends I noticed in the GI applications/registrations, I thought I’d do…


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Copyright

No stay on classic song in Housefull: Calcutta HC

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SpicyIP has breaking news that the Calcutta High Court today refused to grant an interim injunction to Anandji, one half of the famed Bollywood music director duo Kalyanji-Anandji, to stay the use of their song from Laawaris (1981) in Housefull (2010), which releases tomorrow. The petitioners, along with the heirs of the producer of the 1981 film, claim that the rights to the song rest with the original production house, Prakash Mehra productions. The filmmakers of Housefull, on the other…


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