Category Archives: Trademark

Copyright Others Patent Trademark

Freedom 251: Pull the other one (it’s got Bells on)! (Part I)


This two-post series focuses on Ringing Bells’ newly launched smartphone, Freedom 251, which has been creating waves recently. The phone was launched at a price of Rs. 251, and the company claims that the first device will be delivered by June 30th. Ringing Bells’ incredible claim has been rife with controversy and doubt. The first post discusses the significance of Freedom 251’s price and the factors involved in smartphone prices, while the second post discusses the problems with Freedom 251’s…


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Trademark

Smoking Monkeys, Roasted Hornbill and Indian Trademark Law


What’s the connection, you might ask? Well, you’d have to dip into a rather profound parliamentary conversation that preceded the passage of the 1999 Trademarks Act (the one that brought in the IPAB)..to get to the root of this mystery! Here goes: Title: Discussion on the Trade Marks Bill, 1999 (16:12 hrs). Mr Chairman: Hon. Minister, Shri Murasoli Maran may move the Trade Marks Bill for consideration. Time allotted is 2 hours. THE MINISTER OF COMMERCE AND INDUSTRY (SHRI MURASOLI…


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Copyright Patent Trademark

Specialised Courts (III): Commercialising the High Courts?


This is the third part of our series on specialised courts. The first one captured the sentiments of two judicial heavyweights, one from 50 years ago (J. Rifkind), and another more recent (J. Wood). The second post highlighted our worrisome woes with the IPAB! As for the other specialised IP tribunal in India (the copyright board), the less said the better! What now? Assuming the IPAB is not desirable (at least given the current context and constraints), do we do…


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Patent Trademark

Specialised IP Courts (Part II): Interrogating the IPAB


Specialised courts are contentious creatures! The ICTSD is soon coming up with a series of papers on this and I’m doing the Indian section on this for them. I thought it timely to therefore put out some thoughts on these issues (If you’re interested in reviewing a draft version of the paper, let me know and I can email to you). So here goes: Specialised courts are often touted as offering numerous advantages over regular courts, including speedier dispute resolution,…


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Trademark

Procedures and Spice – Jagatjit Industries v. IPAB and Ors.


A majority of the case load of the Indian courts is, probably, made up of procedural cases, and most of these tend to be relatively straightforward. Yet, there are some cases that are heavily procedural and also simply ‘spicy’! The case at hand, Jagatjit Industries Ltd. v. the Intellectual Property Appellate Board and Ors., is one such case. The central issues in this case revolve around Form TM-44, the powers of the Registrar of Trademarks, and S. 125 of the Trademarks…


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Patent Trademark

Accessing Ayyangar Openly: SpicyIP Teams with EBC


Open access lies at the heart of SpicyIP’s mission to democratize the discussion around intellectual property rights. Fortunately for us, we’ve been blessed with some wonderful partners in the past. One that stands out is Eastern Book Company Pvt Ltd (EBC), a leading legal publishing house. First, they agreed (upon our request) to create a savvy searchable digital duplicate of the Ayyangar Committee Report on Patents. We uploaded it on our SpicyIP resources page, and here is the precise link for those interested…


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Trademark

Right of Publicity in India – An Unfinished Story


(This post summarizes a recent matter that had the Delhi HC delving into the subject of publicity rights, and goes on to examine the current degree of legal recognition accorded to publicity rights in India) The present matter had Cyrus Pallonji Mistry, the Chairman of the Tata Group suing the defendant for refusing to part with two domain names that the latter owned in the former’s name – www.cyrusmistry.co.uk and www.cyrusmistry.co . It appears that the domain names were created barely a month after…


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Trademark

Trademarks Registry Official among three convicted in graft case


Three persons, including a former Deputy Registrar of Trade Marks Registry, were recently convicted by the CBI Court in a corruption case. The Anti Corruption Branch of CBI had registered a case in 2011 against ND Kasturi, the then Deputy Registrar, Trade Marks Registry, Chennai, for allegedly accepting illegal gratification. [For Indiatoday report, see here.] We had earlier covered her arrest in 2011 here  and here. For the benefit of readers, I am reproducing excerpts: “……………………………………………………………………………………………………………….Mrs. Kasturi was arrested for possessing…


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Trademark

AstraZeneca v. Dr. Reddy’s – Colour as a Pharmaceutical Trade Dress


“You take the blue pill and the story ends. You wake in your bed and believe whatever you want to believe. You take the red pill and you stay in Wonderland and I show you how deep the rabbit-hole goes.” Morpheus, The Matrix. US-based pharma AstraZeneca had, not so long ago, filed a suit before a Delaware court against the purple colour of the generic version of AstraZenca’s antacid pill, Nexium, being sold by Dr. Reddy’s Laboratories in the US….


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Trademark

Guest Post: Inherent Conflict of the Draft TM Rules with Parent Act


We are happy to bring you a guest post from Jasneet Kaur. Jasneet is an independent legal practitioner with extensive experience in trade mark law, having worked with the IPR divisions of two leading law firms in Delhi. In this post she points out some conflicts in the newly issued Draft Rules (that we had blogged about here) and suggests some ways to resolve these conflicts. Inherent Conflict of the Draft TM Rules with Parent Act Jasneet Kaur This post…


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