Competition Law Patent

Thoughts on Regulatory Tussles Involving CCI – II


[*Long post] I shall be dealing with the Delhi HC judgment on Telefonaktiebolaget LM Ericsson v. Competition Commission of India and Anr, limited to the issue of Competition Act versus Patents Act. The idea is to simplify the judgment for the benefit of readers and present views where applicable. This is strictly an academic exercise. I shall not be dealing with the facts and other issues since the mandate is limited here. SpicyIP had already dealt with this judgment before….


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Others Patent

Fun Patent Playing Cards for the Art and Patent Buffs!


Trust the patent buffs to explore novelty in places where others are unlikely to see it. One can also count on them to tide over the obvious to put it to use on a wide scale. Kevin Prince, a patent agent and author, has come up with the wonderful idea to have playing cards with patent illustrations in them. As Kevin has noted here, although the patent drawings/illustrations form an integral part of the patent applications, the artists who come…


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Copyright Others

Part II: Union of India v. BCCI – ‘Doosra’ from the Supreme Court on Broadcast of Cricket Matches by Prasar Bharti


In Part I, I had discussed the legal framework and the background in which the dispute between Prasar Bharti and the BCCI and Star India/ESPN arose. In Part II of this two-part past, I examine the recent decision of the Supreme Court. Interpreting S. 3, Sports Act, 2007 The appellants’ main argument was to urge the Supreme Court to take a purposive view of the law. As noted in Part I, the objective of the Prasar Bharti, under the Prasar…


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Copyright Others

Part I: Union of India v. BCCI – ‘Doosra’ From The Supreme Court on Broadcast of Cricket Matches by Prasar Bharti


On August 22, 2017, the Supreme Court brought to a conclusion a long-running dispute between Prasar Bharti, and the BCCI and its licensees on the issue of re-transmission of live feeds of cricket matches. In Part I of this two-part post, I discuss the legal framework that applies, and the background in which the dispute arose. In Part II, I examine the Supreme Court’s decision. India’s multi-billion dollar cricket industry thrives primarily on the advertisement revenue it rakes in from…


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Trademark

Technology Meets TM – Introducing Quickcompany


It gives me great pleasure to introduce Quickcompany.in to our readers.  Quickcompany is the first company I know that provides data based trademark and company related services in India.  Let me explain more: Quickcompany has managed to recreate almost the entire Indian trademark related data by using various techniques – some of these techniques involved putting multiple teams of people to manually download vast amounts of data.  Other’s involve creation of proprietary algorithms working on server based systems to fetch somewhat…


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Others

SpicyIP Weekly Review (October 1-7)


Divij brought this week’s topical highlight through his post on the recent case of Icon Health v. Sheriff Usman. In this case, the Delhi HC held that the presence of the defendant’s goods on intermediary platforms such as Amazon, is enough to establish the court’s territorial jurisdiction. After briefly taking us through the facts and contentions, Divij notes that the Court has adopted a flawed reasoning for the above – especially in view of existing precedent laid down by the SC. Finally,…


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Overlaps in IP Trademark

Here, There and Everywhere: Delhi High Court Rules That ‘Presence On Online Portals’ is Sufficient to Grant Jurisdiction


The Delhi High Court, in its judgement in Icon Health And Fitness, Inc vs Sheriff Usman And Anr., delivered on September 12, has held that the presence of the Defendant’s business on online portals such as Amazon or Google Play is sufficient to establish the court’s jurisdiction over the defendant, in a suit for passing off of a trademark. Case Background and Decision The plaintiff, a US-based company, filed a suit against the defendants, companies based in India and the…


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Copyright

Update: Two New Notifications Released by the Copyright Office


Last month, I’d reported on the release of two notifications by the Copyright office (see here). By way of those notifications, the Copyright Office had informed us of their intention to publish on their website: (a) a month-wise list of applications filed with the copyright office; and (b) a month-wise list of all entries – including rectifications and corrections – made in the register of copyrights starting from January, 2017. Aside from the rectifications (u/s49) and corrections (u/s 50) made…


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Trademark

Oh, ‘Sweet’ Trademark of Mine!


In an interesting case before the Madras HC, the popular “Sri Krishna Sweets” from Coimbatore became embroiled in a trademarks dispute. As someone unacquainted with this sweets manufacturer/eatery, I was (rather impatiently) schooled – by Google, as well as many of my South Indian friends – on the sheer extent of its popularity and reach. Readers similarly uninitiated may go here and here for a quick fact check. The company’s popularity was one of the things that made this otherwise…


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Trademark

In the Latest Example of a Worrying Trend, UK SC Sanctions Criminal Prosecution for Trademark Infringement of Grey Market Products


In several jurisdictions across the globe, the increasing use of criminal law as a tool to deal with wrongful conduct which lacks the attributes traditionally associated with a crime has emerged as a key area in which comprehensive legal reform is needed. This trend, which jurists have described as the crisis of over-criminalization manifests itself in several ways – from the use of the criminal law as an instrument to punish consumption of harmless drugs to the penalization of same-sex…


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