Category Archives: Trademark

Copyright Trademark

Time’s up for Scrabulous?


As local news portals trumpet India’s newest homegrown social networking site, www.bigadda.com (see here), another Indian company that has achieved near cult status in the global web 2.0 bandwagon faces closure. Scrabulous, a free online gaming site that allows users to play a version of Scrabble, owned by the Kolkata-based Agarwala brothers, reportedly told Fortune that it had received a legal notice from Hasbro (the makers of Scrabble). Hasbro has allegedly sent a cease-and-desist notice for trademark infringement to the…


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Trademark

Candico’s sticky trademark dispute over its ‘Big Bubble’ chewing gum


The BS reported recently that Candico, the Indian confectionary MNC, lost its long standing trademark dispute with Perfetti – the Italian confectionary major (makers of Mentos) – before the Intellectual Property Appellate Board. Candico is one of the largest players in the chewing gum market in India and has been “making millions of children smile”.The trademark dispute started way back in 1998 with a legal notice from Perfetti to Candico, demanding that the company stop using the words ‘The Big…


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Trademark

Babel’s back


It’s a story that’s been doing the rounds for some days now. Internationalised Domain Names, or IDNs, have come home: it will soon be possible to own domain names in a handful of Indian languages, including Hindi, Tamil, Bengali, Punjabi and Sanskrit. The National Internet Exchange of India (NIXI) announced the launch of IDNs in five to six languages in the first phase of an ambitious project beginning early next year. (NIXI is a non-profit government agency that serves as…


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Trademark

SpicyIP Comments: Trademark Controversies


This week has an abundance of trademark related comments–a very welcome change for our patent heavy blog…. 1. Shwetashree’s post on a recent order by the Delhi High Court upholding Colgate’s trade dress rights: Gaurav Miglani, who represents Ajanta (the defendant who had been injuncted by the court) objected to the post on the following lines: “I was just reading an old news blog of June 5, 07 and and saw ‘In teeth of the issue’ – Ajanta being restrained…


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Trademark

The ‘TIGER’ of Britannia


The last couple of months have been quite exciting for SpicyIP. From patent disputes (Novartis & Bajaj – TVS) to copyright disputes (Sholay) to trademark disputes (Sholay again) we’ve experienced the ‘holy trinity’ of intellectual property laws. This however seems to be only the beginning of an IP conscious India. The latest high profile dispute to go to court is the Britannia – Danone Dispute over Britannia’s trademark ‘Tiger’; probably one of the first disputes where the tables have been…


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Trademark

NANDO’S Vs NANDU: SPICY TRADEMARK ISSUE


A note on a recent trademark case from a guest blogger, Akshat Pande, an IP practitioner from Delhi. The note pertains to a famous UK chain, “Nando’s”, that serves absolutely delectable chicken, –better, some would say, than “finger licking wares” dished out by the good ole’ Colonel. Though registered as an Irish company, it’s really Portugese cuisine with some significant South African roots. Anyway, here goes: “I was desperately waiting for Nando’s to open up in India as I have…


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Patent Trademark

Patent, Trademark Filing goes the E-way!


In keeping with the trend of adopting all things, ‘E’ and making systems more time e-fficient and e-z…. the Indian Government has introduced the e-filing system for patents and trademarks. E-savvy indeed! An article in The Hindu reports The Government has launched a facility for e-filing of patent and trademark applications to speed up the process of securing exclusive rights over a product or trading symbol. “With the launch of e-filing facilities, applicants can file their patent and trademark applications…


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Trademark

Genome Valley Bags Certification Mark


Chandrabbau Naidu, the Ex-Chief Minister of Andhra Pradesh can wear the moniker ‘Biotech Babu’(‘Babu’ is the Indian honorific for a senior officer) with aplomb and pride. Having spearheaded the Bio-Renaissance in the state, that placed the City of Hyderabad on the Biotech world map, the State ,thanks to the Babu ,has become the forerunner in producing cutting edge innovation and R&D in the fields of bio-all. Bio-all that encompasses the field and flurry in the areas of bio-informatics, medics, agriculture…


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Copyright Trademark

COPYRIGHT OVER FILM TITLES?


An excellent summary of a recent decision dealing with copyrights over film titles from Manisha Singh, Partner at Lex Orbis, one of the prominent IP law firms from India (as extracted from an IBA newsletter). The decision seems a sound one–as I can’t imagine a court protecting a mere new title as a “literary work” or as operating as a trademark (particularly when it is a new film that hasn’t been advertised for long or is not part of a…


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Trademark

Protecting Wal-Mart’s Trademark in India


India’s first Wal-Mart store isn’t slated to open until next August. Yet the battle lines for protecting intellectual capital are already being drawn. The Delhi High court has injuncted a Delhi based Indian firm from using Wal-Mart as either their trademark or trade name on the ground that the same infringes the trademark of Wal-Mart. The Delhi based Indian firm used Wal-Mart as their trademark in the Indian market. Aggrieved by this, Wal-Mart filed an injunction petition before the Delhi…


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