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Skechers Inc. USA Vs. Pure Play Sports – Part II : Imposition Of Actual Legal Costs – No More A Far-Fetched Aspiration In Today’s Legal Environment

/ By / Others

[This guest post has been authored by Dr. Abhimanyu Chopra, Urvashi Misra, Aman Chaudhary. The authors Dr. Abhimanyu Chopra (Partner), Urvashi Misra (Senior Associate) and Aman Chaudhary (Associate) are with AZB & Partners and represented the Plaintiffs i.e. Skechers USA Inc. and its affiliate entities in the case. Views expressed here are those of the authors.] In 2018, we discussed the “Implications of Actual Costs and Taxation of Costs – A Notable And Welcome Change In the IP Regime” in …

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SpicyIP Weekly Review (March 20-March 25)

/ By / Copyright, Design, Others, Patent, Trademark

[This weekly review is co-authored with SpicyIP intern Niranjana Biju. Niranjana is a second-year student pursuing B.A. LL.B. (Hons.) from NUALS, Kochi. She is keenly interested in exploring various fields in law, especially IP, TMT and dispute resolution.] Here are the quick summaries of the 3 posts, 7 case summaries and other IP developments that took place last week. Important IP cases that we’re missing out on? Especially from other High Courts?  Please let us know so we can include …

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IP Financing in India – Part II: The Supreme Court and (mis)interpretation of Banking Regulation Act, 1949

/ By / Others

Part I of this two-part guest post by Bharat Harne explored the implications of a complicated security perfection regime and non-mandatory registration of copyright on IP financing. Part II focuses on the   Canara Bank v N.G. Subbaraya Setty & Anr, a Supreme Court decision from 2018, that made some important observations on the use of trademarks as collateral. Bharat is a fourth-year student at the National Law School of India University, Bengaluru. IP Financing in India – Part II: The …

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IP Financing in India – Part I: Perfection of Security and (Non) Registration of Copyright

/ By / Others

According to Duff and Phelps, and CII’s joint report in 2019 on IP-backed financing, the proportion of tangible assets in the market value of Standard and Poor’s 500 firms has declined from over 80 percent to under 20 percent in the past three decades, thus signifying the rising contribution of intangible assets. It further discusses, indicatively, the times when renowned companies have used IP as central collateral during times of distress. For instance, in 2012 Kodak used its facial recognition …

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IPD for Madras High Court! The Court Directs the State Government to Notify the Rules Within 1 Week

/ By / Others

Last month, Lokesh wrote about the Madras High Court order in Galatea Limited v. Registrar General, High Court of Judicature of Madras, where the court directed the government to notify the inauguration of the Intellectual Property Division (IPD). In a huge development, the court in the case has directed (pdf) the government to notify the IPD Rules except with the rule related to court fees, within 1 week from the receipt of the order, to much relief of IP practitioners …

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Needs No Fixing if it’s Not Broken: Delhi High Court Refused to Import Provisions of Original Side Rules in the IPD Rules for the Consequences of a Delayed Rejoinder

/ By / Others

Recently, Ishant wrote on the Delhi High Court’s broad interpretation of the term “leaving with the registrar” under the Trademark Rules and the timeline of filing documents before the Registry. In a similar vein, the question of adhering to a prescribed timeline recently popped up before the IPD too. In Vinay Kumar GB v. Sudhir Kumar and Anr., the Delhi High Court passed an order clarifying that the time limit of 30 days to file a rejoinder prescribed under Rule …

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SpicyIP Tidbit: Madras High Court Directs the State Government to Issue a Notification for Establishing Intellectual Property Division

/ By / Others

In a recent writ petition filed by M/s.Galatea Limited regarding its pending case before IPAB, Chennai to be heard before the Madras High Court (MHC), the court directed the State Government to issue notification for the inauguration of the Intellectual Property Division (IPD). The court noted that “litigants intending to pursue disputes pertaining to intellectual property are left remediless for a long time after the abolition of the Intellectual Property Appellate Board.” Respondent’s counsel argued that the Registrar General has …

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Honesty as a Defense vis-à-vis Trademark Infringements: Principle or Provision?

/ By / Others, Trademark

Our readers may be aware of Section 12 in the Trademark Act 1999 which allows the registration of identical or similar trademarks by more than one proprietor in case of honest concurrent use of some special circumstances. A few months ago, the provision was in the headlines saying that honest concurrent use (“HCU”) is not a defence to a trademark infringement claim. It came from the Delhi High Court’s (DHC) order in Kei Industries v Raman Kwatra (KEI-1), which came …

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The Copyright Quandary regarding the Delhi High Court Rules on Live-streaming of Court Proceedings

/ By / Copyright, Others

Delhi High Court recently came up with the ‘Live Streaming and Recording of Court Proceedings Rules of the High Court of Delhi, 2022’. One of the ways whereby the court aims to curtail misuse of the recordings of court proceedings is by claiming copyright on these recordings. In this post, SpicyIP intern Niyati Prabhu discusses the issues surrounding access to law and the dilemma surrounding copyright. Niyati Prabhu is a second year student pursuing B.A.LL.B. (Hons.) from NUALS, Kochi. The Copyright …

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SpicyIP Tidbit: Supreme Court translates 1091 judgments into regional languages on Republic Day

/ By / Others

Today India marks the 74th year since it adopted the Constitution and identified itself as a “Republic”! This day celebrates the ability of our nation, bogged by colonial setup, to overcome the past and establish itself as the largest democracy in the world with perhaps the most diverse population. In a very positive step towards acknowledging this vast diversity, the Chief Justice of India, Justice D. Y. Chandrachud announced that the Supreme Court would be making available 1091 judgments in …

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