Trademark

Bombay High Court Injuncts the Release of a Film Titled ‘Rubik’s Cube’; Holds That It Constitutes Passing Off


Readers may recall that we had blogged about the Delhi High Court’s grant of an interim injunction to Seven Towns last year in a passing off action founded upon the use of the trade dress of the Rubik’s Cube puzzle by the defendant in that case. In an interesting turn of events, the Rubik’s Cube found itself embroiled in another legal controversy recently, resulting in the grant of an interim injunction against its use as the title of a feature…


Read More »
Patent

Del HC Division Bench Stays Restoration of Seed Companies’ Contracts with Monsanto as Ordered by Single Judge


In a major development, a Division Bench of the Delhi High Court comprising Justice Ravindra Bhat and Justice Yogesh Khanna has granted a stay on the restoration of the license contracts between Monsanto and seed companies as ordered by a Single Judge (Justice R.K. Gauba) on March 28, 2017. Justice Gauba had found Monsanto’s termination of its license contracts with Nuziveedu and other seed companies to be prima facie illegal and temporarily allowed these companies to continue using Monsanto’s patented…


Read More »
Patent Plant Variety Protection

The RSS involvement in the Monsanto-Nuziveedu dispute and a reticent Bloomberg-Quint editor


In a special investigative report published on March 28, 2017 Reuters revealed the role being played by the Rashtriya Swayamsevak Sangh (RSS) in the IP dispute between Monsanto and Nuziveedu. For readers not familiar with the RSS, it is the ideological parent of the ruling Bharatiya Janata Party (BJP). Although the RSS claims that it is only a “cultural” body not involved in politics, there is little doubt that the BJP or the Prime Minister (who was a member of the…


Read More »
Overlaps in IP Patent

Part IB: Qualcomm v. ACIT #Royalty #Non-Resident #Section. 9 ITA


If the tone I use happens to be terse or unenthusiastic over the course of this series, I beg you to excuse me. Microsoft Word decided to stop responding and consequently, I lost three draft pieces. To make matters infinitely better for me, deadlines are fast approaching. So, let me relax, breathe and start all over again. We will be discussing the last prong of S. 9(1)(vi)(c).    #2“for the purposes of making or earning any income from any source…


Read More »
Overlaps in IP Patent

Part IA: Qualcomm v. ACIT #Royalty #Non-Resident #Section. 9 ITA


I write to discuss the case of Qualcomm. v. ACIT. For better comprehensibility, I will be covering the issues over three parts. Part I (A&B): Applicability of S. 9 (1)(vi)(c) of the Income Tax Act. Part II: Distinction between “copyright” and “copyrighted article”. Part III: Explanation of Relevant Technology (CDMA Tech.). At the outset itself, note that the order is of a slightly different kind. While it clearly establishes the manner in which the rules are supposed to function, it…


Read More »
Others

SpicyIP Weekly Review (April 2-8)


Topical Highlight  We have Inika notifying you about Javed Akhtar’s (Chairman) and Achille Forler’s (Advisor) appointment by the Indian Performing Right Society (IPRS) to the Board. She also discusses the past failings of the society, while hoping for greater transparency and better governance in the future. Thematic Highlight  Next up, Fellowship applicant Divij Joshi, while discussing the liability of online marketplaces for trade mark infringement, brings up the following discussion points: i. EU and US case law on the same issue (L’Oreal…


Read More »
Copyright

IPRS Undergoes Management Change – Javed Akhtar and Achille Forler Brought on Board


In a huge development, the Indian Performing Right Society (IPRS) has appointed poet, scriptwriter and lyricist Javed Akhtar as their chairman; and copyright administrator Achille Forler as a Permanent Advisor to the Board. This is largely being seen as a positive development, as IPRS has been in the spotlight not only for their validity as a copyright society, but also for allegations of mismanagement and the lack of transparency. As Prashant notes, allegations against the IPRS management date back to…


Read More »
Others

SpicyIP Internship Programme: Call for Applications


Have an interest in IP law? Love legal research and writing? And wish to work anytime, anywhere? Here’s a perfect opportunity for you. SpicyIP is launching an internship programme and inviting applications on a rolling basis for the same. About the Internship Programme The SpicyIP Internship Programme offers law students and graduates the chance to engage in meaningful research, writing and analysis in the field of IP and innovation law and policy. The interns will be required to provide high-quality…


Read More »
Copyright Trademark

SpicyIP Fellowship 2017-18: Beginner’s Guide to Combating Infringement on Social Media


We are happy to bring to you a guest post by our Fellowship applicant Madhurima Gadre. Madhurima is a 4th year student at National Law University, Jodhpur. This is her first submission for the Fellowship.     Beginner’s Guide to Combating Infringement on Social Media Madhurima Gadre Around 2009, some people began adding macro text to a photo of a penguin on the internet. According to Know Your Meme, a website dedicated to documenting viral internet phenomena, this became what’s now known…


Read More »
Trademark

Joint Trade Mark Ownership: Competing Values


While discussing the “superhero” trade mark (here), I had promised to discuss joint TM ownership. In that case, DC and Marvel jointly owned the trade marked word “superhero“.  By “Joint Trade Mark Ownership”, I am referring to two separate entities (not a joint-venture) owning one single mark in the same geographical region over the same kind of products or services. Actually, I was required to discuss a specific case involving a split in a family and the IP complexities arising…


Read More »