Trademark

SpicyIP Tidbit: World Trademark Review launches blog

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Spicy IP is pleased to inform readers of the latest entrants on the IP blogroll — the World Trademark Review (WTR) blog, started by our friends at the WTR which includes ace reporter Adam Smith. Adam is a regular commentator on SpicyIP, and has frequently brought interesting news and stories to our attention, for which we’re always grateful! The WTR team tells us more about why the WTR blog is significant for the IP world, including fellow-bloggers like us: “For…


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SpicyIP Tidbit: No arguments in Roche-Natco

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The Roche-Natco matter which came up for arguments before the Delhi High Court has been posted to May 10, 2010. No arguments were heard today. This is by way of a quick update on the more detailed backstory we had reported yesterday. In the interim, for those of you who are wondering whatever happened to that compulsory license application filed by Natco for Roche’s Tarceva, here’s what was reported on SpicyIP in September 2008: Natco appears to have withdrawn their…


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Roche and Tarceva in Delhi HC again, this time vs. Natco

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F Hoffman La Roche, the Swiss-based drugs multinational, has re-entered the Delhi High Court in an infringement matter over the Tarceva patent. This time, Roche has sued Natco Pharma, and specifically, their anti-cancer drug sold “Erlonat”, which it is alleged infringes Roche’s patent rights over their anti-cancer drug, Tarceva. Readers will recall instantly that Tarceva is the same drug over which Roche has fought Cipla before various benches of the Delhi High Court and the Supreme Court, all of which…


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Innovation

SpicyIP Interview: KritiKal and innovative solutions for India

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SpicyIP hopes its readers have had an interesting World IP Day so far, and have some innovative celebrations for the times ahead! Following up on Shamnad’s succinct and timely editorial on India’s engagement with the world of IP, I pick on one of the issues he raised for this post — innovation in India, and the need to create incentives for the abundant and sometimes latent creativity that lies within the Indian people. Appropriately enough, WIPO (which has a new…


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Trademark

SpicyIP Tidbits: Bollywood survives TM attempts in US & Germany

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Today’s tidbit is specially for Hindi film buffs, and will be of particular interest to those who, like myself, have strong views on references to the “Bollywood” film industry. Happiness in USA! SpicyIP reader Shivani Kochhar draws our attention to a recent decision of the Trademark Trial and Appeal Board (TTAB) of the United States Patent and Trade Mark Office, which refused to allow an application for the mark THE BOLLYWOOD REPORTER for entertainment-related publications. You can download and read…


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Trademark

Himalayan case: Delhi HC rules on ‘scope’ of TM Registrar’s role

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The Delhi High Court recently decided a question on the role of the Registrar of Trade Marks, and defined the limits within which the office ought to operate, in a case involving two players in the mineral water industry – Bisleri International Pvt Ltd (“Bisleri”) and Mount Everest Mineral Water Ltd (“MEMW”). You can download the decision here. We’ve covered disputes between these parties before – here and here. But while the suit for passing off, etc., remains alive in…


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Comparative Advertising

Mr Muscle creams CIF in Delhi HC

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The on-going dispute in the Tide/P&G vs Rin/HUL comparative advertising matter reminded me of a recent order of the Delhi High Court lying in my inbox for a few weeks, dealing with a comp ad dispute in the domain of kitchen cleaners – between Mr Muscle Kitchen Cleaner and CIF Cream. (You can download the case from the DHC website here: case title: SC Johnson & Son, Inc vs Buchanan Group Pty Ltd) This case does not entirely apply to…


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Patent

SpicyIP Tidbits: Bayer appeals to SC in patent linkage case

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We have an interesting tibdit via Indu Bhan of the Financial Express: Bayer has decided to take Cipla to the Supreme the grant of marketing approval under the Drugs and Cosmetics Act (DCA) to Cipla’s drug Sorafenib. A Bench headed by Justice Dalveer Bhandari has posted the matter for hearing today. You will recall Prakruthi’s comprehensive post on the decision of the Division Bench of the Delhi High Court in the matter a fortnight or so ago. The Division Bench…


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Payyanur Ring GI: religious sentiment no bar to registration

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The GI Registry recently issued an order on the Payyannur Pavithra Ring, a traditional adornment from north Kerala, stating that “the use of sentimental of religion does not bar for registration.” Payyannur Pavithra Ring, Artisans & Devp versus K Balakrishnan [2009 (41) PTC 719 (GIG)] – unfortunately I cannot find an online copy of this order – has observations which would have been more interesting than they are at present had they been better phrased. [Image from here] FYI, for…


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Trademark

Okay Jurassic Jelly’s design trophy in Delhi HC

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Design matters don’t come up frequently enough, but when they do, they offer immense entertainment, like the case I report on today. “No application of mind” by Design Registry In his December 2009 order, Justice S N Dhingra was made to ponder upon the novelty in the design of a cup for jelly, which the plaintiffs argued was proprietary. While it was primarily a trademark infringement matter, the judge also had time to reprimand the Registrar of Designs for showing…


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