SpicyIP Weekly Review (April 24- April 29)

/ By / Copyright, Patent, Trade Secret, Trademark

[This weekly review is co-authored with SpicyIP intern Devanshu Agrawal. Devanshu is a second-year student pursuing B.A. LL.B. (Hons.) from the National Law School of India University, Bengaluru.] Here are the quick summaries of the 4 posts, 12 case summaries, and other IP developments that took place last week. Important IP cases that we’re missing out on? Especially from different High Courts?  Please let us know so we can include them! Highlights of the Week Formation of a New Copyright …

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Rochem v. Nirtech – Analysing the Claim of Breach of Confidential Information

/ By / Trade Secret

Image accessed from here While there are many factors which result in the success of business organizations, their ability to use sensitive procedures and advanced technology, thereby protecting their confidential information, can be another crucial aspect of remaining competitive in the market. Companies are therefore required to take extreme caution while sharing technical know-how, confidential information, designs, concepts, innovative formulas, business strategies, drawings etc. As a result, employers are eager to take the necessary safety precautions to protect such confidential …

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Rectifying Problematic Interim Injunctions: A Discussion on the Bombay High Court’s DB Decision in  Tri-Parulex v. CTR Manufacturing Industries

/ By / Patent

In perhaps a rare sighting, the Bombay High Court Division Bench’s recent order in Tri-Parulex Fire Protection System v. M/s. CTR Manufacturing Industries Private Limited (DB order) shows a lucid and crisp analysis of the three factors test for interim injunction in a patent related dispute. Readers will recall that unreasoned interim injunction orders have been discussed extensively on the blog (see here, here, here and here) wherein different authors have highlighted the risks associated with these unreasoned orders and …

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Done, so Dusted? Discussing the Relevance of the Responses Filed Against FERs Issued by Trademark Registry

/ By / Trademark

Riddle me this, what is something that, despite cited similar marks, helps you get a trademark right; But is not relevant later unless the cited mark puts up a fight? Well, according to the Delhi High Court’s judgement in Under Armour INC v. Aditya Birla Fashion & Retail Ltd., it’s the reply to the first examination report (FER) filed by the Plaintiff. Let’s back up a little. The dispute in the present case was around the adoption of the marks …

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SpicyIP Weekly Review (April 17- April 22)

/ By / Copyright, COVID-19, Design, Geographical Indication, Patent, Trade Secret, Trademark

[This weekly review is co-authored with SpicyIP intern Sudhiksha Maneeswaran. Sudhiksha is a 4th-year student pursuing B. A., LL. B (Hons.) from School of Law, Christ (Deemed to be University), Bangalore.] Here are the quick summaries of the 4 posts 8 case summaries, and other IP developments that took place last week. Important IP cases that we’re missing out on? Especially from different High Courts?  Please let us know so we can include them! Highlights of the Week Legal Basis …

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Formation of a New Copyright Society in Cinematographic Films

/ By / Copyright

On 18 April 2023, the Central Government registered M/s Cinefil Producers Performance Limited as a copyright society under Section 33(3) of the Copyright Act, 1957 in the realm of cinematographic film works. It is a society formed by film producers and other owners. Comments It will be interesting to examine how the cinematographic film related copyright societies (including music related copyright societies) interact with each other especially in areas of converging interests. As to cite an instance of potential conflict …

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Spicy Foods And Spicier Interpretations: Schewzan Chutney To Have Acquired Secondary Significance?

/ By / Trademark

[This guest post has been authored by Devangini Rai. Devangini is an intellectual property lawyer working as an Associate with ANM Global Inc.] In a spicy twist of events, an order passed by HMJ Navin Chawla in the case of Capital Food Private Limited v. Radiant Indus Chem Pvt. Ltd. at the Delhi High Court regarding the usage of ‘Schezwan Chutney’ as a trademark was stayed by the Division Bench of HMJ Manmohan and HMJ Saurabh Banerjee. While the decision …

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An Obituary to the TRIPS ‘Waiver’: Lessons from an Imperfect Response 

/ By / COVID-19

[This post has been authored by SpicyIP intern Rohan Srivastava. Rohan is a Second Year student at National Law School Of India University and has a keen interest in IPR and Technology Law.] The recent increase in COVID-19 cases in India comes as a Deja Vu, reminiscent of the predicament India and the world were in 2 years ago. While the spike should not be a cause of concern owing to a  proper vaccination run (also see here for the …

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Protecting Confidential Information as Copyrightable Material with Confidential Reasons?

/ By / Copyright, Overlaps in IP, Trade Secret

Image from here The Delhi High Court recently passed an ex parte interim injunction in Markets and Markets Research Pvt. Ltd. v. Meticulous Market Research Pvt. Ltd. and Ors., finding a prima facie case of copyright infringement. However, alongside the questions of copyright, the present case also had elements of protecting confidential data. Therefore, in passing the interim injunction order on the basis of rights granted under the Copyright Act, 1957, the court not only restrained the defendant from violating …

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Legal Basis for Personality Rights in India – The Repercussions of Unreasoned Decisions

/ By / Trademark

[The post has been co-authored by Pranjali Sahni and Souradeep Mukhopadhyay. Pranjali is an Assistant Professor at CHRIST (Deemed to be University), Delhi NCR and Souradeep is an LL.M Candidate at Harvard Law School. Harvard University.] “A decision without reasons is like grass without root.” A recent order of the Delhi HC in Amitabh Bachchan v. Rajat Nagi & Ors. has turned the spotlight again on the right to personality, which could be broadly understood as a right of a …

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