Category Archives: Copyright

Copyright Trademark

What’s Happening with WhiteHatJr?: A Look at the IP Issues

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Recently, in interim applications decided on 23rd and 24th November, the same single bench of the Delhi High Court granted a limited ad-interim injunction in favour of Karan Bajaj (WhiteHatJr’s CEO) and Byju’s Whitehat Education Technology Private Limited (WhiteHatJr). The major issues in these cases were similar – defamation and trademark infringement. For the purposes of this post, only the IP issues will be looked at. In the first case, Karan Bajaj v. Pradeep Poonia, the former along with his…


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Copyright Others Patent Trademark

SpicyIP Weekly Review (November 23- 29)

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Topical Highlight A Copyright Reform Agenda from a Group of Like-Minded IP Teachers In this guest post, Prof. (Dr.) N.S. Gopalakrishnan provides us an overview of the recommendations focussing on desirable public interest oriented amendments to the Copyright Act prepared by a group of ‘like minded IP teachers’. He particularly summarises four broad themes of amendments. The first set of proposed changes deal with Section 52. These include an open-ended fair dealing clause under Section 52(1)(a), expanding educational use exception…


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Copyright Trademark

Officer’s Choice v. Chetak Whisky: An Incorrect Choice of Jurisdiction?

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Recently, Allied Blenders and Distillers Pvt Ltd filed a copyright and trademark infringement suit before the Delhi High Court protecting their ‘Officer’s Choice’ mark from the defendant’s ‘Chetak Whisky’. The court granted an ad interim injunction in the plaintiff’s favour. An interesting question that came up before the court was regarding its territorial jurisdiction to grant this relief, discussion of which formed the majority of the order. In this piece, I shall analyse the court’s treatment of the jurisdiction issue….


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Copyright

A Copyright Reform Agenda from a Group of Like-Minded IP Teachers

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Book Cover of William Patry's How to Fix Copyright

As Nikhil recently noted on the blog, there are currently on-going discussions as to whether the Copyright Act should be amended, with industry associations and law firms being invited to comment on the matter. As he had pointed out then, it is vitally important that industry and their representatives (law firms) not be the only ones sending in these comments, since very few, if any, have reason to focus on the public interest element. In this context, we are very…


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Copyright Drug Regulation Innovation Patent Trademark

SpicyIP Weekly Review (November 16 – 22)

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Topical Highlight The Antitrust App Store Wars Come to India In this guest post, Dr Kathuria looks into the latest ‘digital gatekeeping’ controversy that Big Tech has found itself in in India, with the Competition Commission of India having ordered an investigation into Google’s conduct relating to Google Pay and the Play Store. He notes that the CCI has prima facie correctly identified the relevant market. He then notes that even if Google Pay were to be considered in compliance…


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Copyright

Mirzapur 2 Controversy: The Right to Integrity and Free Speech

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Recently, the Amazon Prime web series Mirzapur 2 stirred up controversy over the use of a book as a prop alongwith a voiceover that the author claimed misrepresented his book and tarnished his reputation. In this post, I examine the right to integrity under Indian Copyright law to highlight the free speech issues underpinning these rights as well as their interface with fair dealing considerations. Facts The second season of Mirzapur includes an episode wherein actor Kulbhushan Kharbanda is shown…


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Copyright

Amendments to the Copyright Act: Hidden Consultations and the Missing Public Angle of Copyright Law – Part II

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This post is in continuation to my previous post (here) highlighting the implications of closed door consultations on amendments to the Copyright Act. Here, I discuss some of the major themes that such amendments must consider. Please note that due to the scope of this post, it is longer than our usual posts. Fair Use and Free Speech The fair use principles (for ‘non infringing uses’) are carved out as exceptions and limitations to the rights of a copyright owner,…


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Copyright

Amendments to the Copyright Act: Hidden Consultations and the Missing Public Angle of Copyright Law – Part I

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A few weeks ago, NASSCOM had informed its members that the Copyright Office is seeking comments as to whether there was a need for amendments to be carried out to the Copyright Act. Subsequently, Medianama reported that the consultation process seeking opinions on whether to amend the Act seems to only include industry stakeholders. The updated deadline for sending in comments is November 30. It would seem that some law firms also have been invited to this process (for eg,…


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Copyright Patent Trademark

SpicyIP Weekly Review (November 2- 8)

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Topical Highlight Trademark Renewal Procedure: A Slip in IPAB’s Decision in Eveready Industries v. Kamlesh Chadha? In this post, Adarsh notes the IPAB decision in Eveready Industries India Ltd v. Mrs. Kamlesh Chadha allowing rectification and directing the removal of two marks of the Respondent from the Trade Marks Registry. He deals with a specific aspect of the decision wherein IPAB considered one of the marks to have expired in 2006 due to non-renewal, and no restoration petition being filed….


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Copyright

Is Intermediary Liability Decision in Shree Krishna Int’l v. YouTube Copyright Dispute in Line with MySpace?

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We’re pleased to bring to you a guest post by Arth Nagpal and Harsh Srivastava, analysing Gurugram District Court’s decision on intermediary liability for copyright infringement in Shree Krishna International v. YouTube (2019) in light of Delhi High Court’s landmark decision in MySpace (2016). They argue that the Punjab & Haryana High Court, before which an appeal from the decision is listed for final hearing, should follow MySpace and bring clarity on the liability of intermediaries for copyright infringement. Arth…


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