Category Archives: Others

Others

“Bearded Chokra” let off by the DB, Bombay High Court: Calling the wrong bluff?


Cartoon image of coconut with straw, with caption "This whole experience has left me feeling empty inside"

On January 30, 2020, I had blogged about Marico v. Abhijeet Bhansali where a Single Judge of the Bombay High Court directed the defendant, Abhijeet Bhansali (‘Bhansali’) to take down an offending video because he made false and reckless statements about Marico’s coconut oil branded, “Parachute”. On February 14, 2020, a Division Bench (DB) of the Bombay High Court lifted the injunction and permitted Bhansali (aka ‘Bearded Chokra’) to post the video subject to replacement of one line in the…


Read More »
Others

What MoU? What Review of IP Acts?


graffiti saying "Secret Party, shhh"

Yesterday evening, Reuters sent out a short report titled “India clears accord on intellectual property rights with U.S.” It contained the following three lines: NEW DELHI (Reuters) – India’s cabinet on Wednesday approved a plan to sign an initial pact on intellectual property rights with the United States, a government minister said, days ahead of a visit by U.S. President Donald Trump. The United States has long urged India to strengthen protection for intellectual property and that has been a…


Read More »
Innovation Others Patent

The GIPC IP Index 2020: The Misleading Saga Continues


US flag vs India flag

(This post has been co-authored with Bhavik Shukla) Recently, the Global Innovation Policy Center (“GIPC”) released the 2020 edition of its international IP Index. Titled “Art of the Possible”, the report lays emphasis on a strong IP ecosystem to make the art of transformation of economies to 21st century knowledge-based economies possible. It has unfortunately continued with the same flawed indicators from the previous years. In the past, one of the authors of this post and Kartik have elaborately discussed…


Read More »
Others

SpicyIP Fortnightly Review (February 3 – 17)


(This post has been authored by Bhavik Shukla, a 5th year student at NLIU, Bhopal) Topical Highlight Last week, Eashan wrote a post on the judgment of the Delhi HC in Amazon Seller Services v. Amway India Enterprises. Through this judgment, the Court set aside the Single Judge’s order which had restrained various e-commerce platforms from selling products of ‘direct selling’ companies without their consent. In the post, he critically discusses the appellate court’s approach in reversing the findings of…


Read More »
Others Trademark

Delhi HC Division Bench Sets Aside Order Restraining E-Commerce Platforms from Selling Goods of Direct Selling Companies


Last week, a Division Bench (DB) of the Delhi High Court set aside a common judgment passed by a Single Judge thereof in July last year in Amway India Enterprises Pvt. Ltd. v. 1Mg Technologies Pvt. Ltd. & Anr. The common judgment addressed the interlocutory applications filed in seven suits by Direct Selling Entities (the DSEs), Amway, Modicare and Oriflame against e-commerce platforms including Amazon, Snapdeal and Flipkart (the defendants). The DSEs engage direct sellers of their products to sell, distribute…


Read More »
Others

SpicyIP Fortnightly Review (January 21 – February 2)


[This post has been authored by Bhavik Shukla, a 5th year student at NLIU, Bhopal] Topical Highlight Last week, we received an anonymous post on the recent judgment of the Delhi HC in Astrazeneca v. Emcure and Astrazeneca v. MSN. Through this order, the Court held that a species patent can be granted and is enforceable even when an already existing product is covered by a genus patent. The author is of the opinion that this decision suffers from certain…


Read More »
Others

Brand Protection in the Age of Social Media Influencers: Bom HC in Parachute Disparagement Case


What happens when social media influencers such as bloggers and vloggers comment on the quality of branded products recklessly? Earlier this month, Justice Kathawala of the Bombay High Court had granted an interim injunction against one such vlogger’s video in Marico Limited v. Abhijeet Bhansali. The branded product in issue is PARACHUTE coconut oil sold by Marico Limited, the plaintiff, and the vlogger involved is Abhijeet Bhansali, the defendant. Background and Facts Bhansali makes a living solely by creating and…


Read More »
Others

SpicyIP Fortnightly Review (January 6 – 19)


SpicyIP Fortnightly Review (January 6 – 20) Bhavik Shukla Last week, Swaraj wrote a post on the paradigm-changing order of the Delhi High Court in Ferid Allani v. Union of India & Ors. Through this order, Justice Pratibha Singh directed the Patent Office to re-examine an application filed for a “method and device for accessing information sources and services on the web”. He notes that the order seems to contain three reasons for such a direction: (i) many inventions today…


Read More »
Copyright Others

‘Chhapaak’ Credits Conundrum: Does Every Contributor to a Work Have a Right to Be Credited?


In an intriguing case last week, the Delhi High Court directed the makers of the film ‘Chhapaak’ to acknowledge the inputs by Aparna Bhat, the lawyer who represented the acid attack survivor whose life the film is based on, in the film’s opening credits. The decision came in an appeal against the interim order granted by the trial court. The Court noted that since the inception of the making of the film, the Defendants represented to the Plaintiff that her…


Read More »
Others

SpicyIP Fortnightly Review (Dec 23 – Jan 5)


[This post has been authored by Bhavik Shukla, a 5th year student at NLIU, Bhopal] Topical Highlight Adarsh wrote a post on the recent order of the Supreme Court of India in Genetech Inc v Drug Controller General of India. Through this order, the Supreme Court set aside the interim order of the Division Bench of the Delhi High Court and restored the earlier order of the Single Judge. He notes that in restoring the earlier order, the Court relied…


Read More »