Category Archives: Trademark

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 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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COVID-19 Trademark

Trademark Trolls: Perspectives, Pitfalls and the Way Forward

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We’re pleased to bring to you a guest post by Manvee Kumar Saidha, analysing the effect of ‘first to use’ and ‘first to file’ regimes on trademark trolling, in light of the attention that the the recent Sony PS5 case has drawn towards the possibility of such trolling becoming a menace in India. Manvee is a 4th year law student at School of Law, Christ University, Bangalore. Trademark Trolls: Perspectives, Pitfalls and the Way Forward Manvee Kumar Saidha Trolls – a…


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Geographical Indication Trademark

SpicyIP Weekly Review (November 9 – 15)

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Topical Highlight Amendments to the Copyright Act: Hidden Consultations and the Missing Public Angle of Copyright Law – Part I In the first of this two-part post, Nikhil discussed the consultation process initiated by the Copyright Office to amend the Copyright Act which happens to involve only industry stakeholders. He explains that these opaque, closed-door consultations are antithetical to the interests of open access, creativity, culture, and freedom of expression and might be paving the way towards the privatisation of…


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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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Trademark

Retroactive Trademark Assignment Agreements: Another Slip in IPAB’s Decision in Eveready Industries v. Kamlesh Chadha?

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In my earlier post on the IPAB’s decision (dated September 22, 2020) in Eveready Industries India Ltd. v. Mrs. Kamlesh Chadha, I had introduced the case and covered the issue concerning the renewal procedure. In this post, I discuss another connected issue, concerning the validity of the assignment agreement executed in 2009 but with effect from 2005. Based on evidence, the IPAB concluded that this was a sham document and I don’t intend to get into an analysis of whether…


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Trademark

Trademark Renewal Procedure: A Slip in IPAB’s Decision in Eveready Industries v. Kamlesh Chadha?

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The judgement of the IPAB (dated September 22, 2020) in Eveready Industries India Ltd v. Mrs. Kamlesh Chadha concerns original rectification petitions against two trademark registrations of the respondents – one for the word mark ‘Eveready’ and the other for a logo of Eveready, both in class 8 (screwdrivers, cutting pliers, hand tools etc.). The IPAB allowed the rectifications and directed the removal of the two marks from the Trade Marks Registry. This judgment is a highly fact-oriented and my…


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Copyright Innovation Others Patent Trademark

SpicyIP Weekly Review (October 26 – November 1)

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Topical Highlight Mountain Dew Trademark Battle: David v. Goliath or Misapplication of Prior User Rights? In this post, Adyasha analyses the decision of the City Civil Court of Hyderabad against PepsiCo, ruling that Hyderabad-based Magfast Beverages enjoys prior user rights over ‘MOUNTAIN DEW’ (identical to PepsiCo’s mark for its citrus flavoured soda) for their packaged drinking water business. She first looks at the facts, and the history of both business’ use of these marks in detail, as well as previous…


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