Others

Indian Transparency Competition, 2017: File RTIs and Win Prizes


Being a blog committed to fostering transparency, we are extremely pleased to announce iPleaders and onlineRTI’s Indian Transparency Competition, 2017, that requires the participants to file an RTI with a government department of their choice and submit an article analyzing or explaining the data received in response. The details of the competition are as follows: “iPleaders and onlineRTI are two organizations which are committed to working towards accessible justice and transparency, making a difference in their own gentle way. OnlineRTI is…


Read More »
Patent Plant Variety Protection

The Plant Variety Authority and Bt Cotton: A Case of Regulatory Capture?


We are happy to bring to you a guest post by Mr. Essenese Obhan. Mr. Obhan is the Managing Partner of Obhan & Associates, a reputed IP law firm in Delhi. He has both a law and an engineering degree, and has been consistently ranked by multiple international agencies as one of India’s leading patent attorneys. He has extensive expertise in the mechanical, industrial, software, telecoms and agriculture sectors. He is involved in drafting and prosecuting patents, as also in…


Read More »
Patent

Patent Agent Exam 2016 Viva Scores: Revival of the Constitutionality Controversy


The result of the Patent Agent Exam 2016 is out. A total of 123 candidates have failed to qualify the exam owing to the low scores obtained in the viva-voce component of it. These viva scores have once again revived the controversy that the viva requirement of the patent agent exam has been mired in for some years now. Yesterday, we received some comments on our last post on the Patent Agent Exam, questioning the credibility of the viva process…


Read More »
Copyright Trademark

Spoilt for Choice? Not anymore: The Delhi High Court returns plaint since no part of cause of action arose in Delhi


In a recent decision, a Single Judge of the Delhi High Court refused to entertain Allied Blenders’ action for infringement of its TM OFFICER’S CHOICE since the plaint disclosed that the Defendant’s infringing use was restricted only to Andhra Pradesh. Furthermore, the Court also observed that it will not assume jurisdiction merely because the plaintiff has stated at the fag-end of the plaint an apprehension that the Defendant is likely to engage in the infringing activity in Delhi as well….


Read More »
Trademark

The Flintobox Story: Of Amazon’s ‘Automated Keywords’ and Google’s Adword Policy


Flintobox, a Chennai-based startup that focuses on child development, is a name that has been buzzing around the news recently. On the 19th of December, 2016, Arunprasad Durairaj, one of the founders of Flintobox, uploaded a blog post that turned into a social media campaign within a couple of days. He shared their conflict with Amazon and Google with regard to Amazon’s use of adwords that mirrored Flintobox’s registered trademark. Such use resulted in directing away traffic that was presumably…


Read More »
Trademark

A New Year Gift “NCL(11-2017)” to Trademark (Brand) Owners from WIPO!


We are happy to bring to you a guest post by Noopur Goel. With over ten years of experience in IP, Noopur is a qualified Microbiologist and an ardent IP attorney by profession. Prior to gaining experience in IP, she was involved into research activities due to affection for her friendly microorganisms. She is currently associated with a reputed NCR based boutique law firm. She is regularly invited as a guest speaker by several government organizations as well as private institutions….


Read More »
Others

SpicyIP Weekly Review (January, 1-7)


First things first – we at SpicyIP wish our readers a wonderful year ahead! Our topical highlight of the week is our coverage of the landmark first decision to deal with Summary Judgements under Order 13A of the Civil Procedure Code – by the Delhi High Court in the case of Bright Enterprises Private Ltd. & Anr. v. MJ Bizcraft LLP & Anr. I first summarize the facts of the case, before listing the highlights of the order: The Court stressed…


Read More »
Copyright

Bom & Del HCs Get Strict with Collecting Societies: Demand Proof of Authorisation


In a series of orders, the Delhi and Bombay High Courts have highlighted the need for greater transparency in collection of licence fee and directed the collecting societies (IPRS, PPL etc.) to publish proof of their right to collect license fee. In two separate orders of the Bombay High Court (see, here and here) and one by the Delhi High Court (see here), the Courts have provided for interim mechanisms by way of which the collecting societies can take licence…


Read More »
Others Trademark

Delhi HC Passes Landmark First Order on Summary Judgement Proceedings Under Order 13A of the CPC


In a succinct and very well written order, Justices Badar Durrez Ahmed and Ashutosh Kumar of the Delhi High Court delivered the first ever decision to interpret Summary Judgement Proceedings under Order 13A of the Civil Procedure Code (‘CPC’). Passed on the 4th of January, 2016 – this case: Bright Enterprises Private Ltd. & Anr. v. MJ Bizcraft LLP & Anr. (read the order here) was originally instituted to claim a permanent injunction restraining inter alia trademark infringement and dilution…


Read More »
Trademark

The PayMark Battle: Whose Blue is it Anyway?


This post has been co-authored with Ritvik Kulkarni. Have you been seeing the PayTM logo everywhere? Outside every shop, every vegetable vendor and even at the local panwadi? Well, you have been diagnosed with the PDSD (Post Demonetization Stress Disorder). Fret not; mobile wallets are here to make all the stress go away! Among others, PayTM has already become frontrunner in this market, having stupendously cashed in on the Government’s drive to go cashless. Little did PayTM know that its…


Read More »