Copyright

On How the Stairway to Heaven Dispute Dealt with Proof of Access and the Inverse Ratio Rule

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Last week’s decision of the US Ninth Circuit Court of Appeals to remand for a new trial in the famous Skidmore-Led Zeppelin dispute created quite a controversy. The litigation revolves around the popular Led Zeppelin rock song, Stairway to Heaven, which was allegedly copied from Taurus, a song written by the Spirit band member, Randy Wolfe. The lawsuit was brought by Michael Skidmore (trustee of Wolfe’s Trust), claiming that “Led Zeppelin needs to do the right thing and give credit where credit…


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SpicyIP Events: 4th IPScholars Asia Works-in-Progress Conference [January 30-31, 2019; Singapore]

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We’re pleased to announce that The Advanced Research Centre for Intellectual Assets and the Law in Asia (ARCIALA), School of Law, Singapore Management University will be holding the 4th edition of its Annual IP Scholars Asia Works-in-Progress Conference on January 30-31, 2019. The deadline for submission of paper proposals is October 17, 2018. For further details, please read the announcement below. SpicyIP Events: 4th IPScholars Asia Works-in-Progress Conference [January 30-31, 2019; Singapore] Singapore Management University is pleased to announce that the 4th edition…


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Drug Regulation

The Ministry of Health Is Yet to Communicate with J&J on the ASR Hip Implant Issue

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For the last few months, the Indian media has been doggedly tracking the J&J hip implant scandal. To briefly recap the main facts, the company sold its new ASR hip implants to around 4,700 patients between 2006 and 2010. Around 2010, J&J decided to withdraw the implants from the market because of quality issues with the product that threatened patient safety. One of the issues debated in the press is the need to compensate the patients. After unprecedented patient activism…


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Copyright

Daylight Robbery: How Twitter Owns Everything You Upload

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Every time I agree to terms and conditions or software licensing agreements without reading them, I spend a brief moment feeling guilty. As if I had just betrayed the profession that I am about to enter. In hindsight, perhaps I ought to have spent a bit longer to read them because there seems to be a lot that slipped by in Twitter’s Terms of Service. Our friends at IPKat recently carried a post concerning a decision of a Paris Tribunal…


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SpicyIP Weekly Review (October 1-7)

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This week on SpicyIP… Mathews wrote a post on the recent Madras HC decision in Kajal Aggarwal v. VVD & Sons. The court held that a producer can exploit a cinematograph film for the statutorily sanctioned 60 years despite a contract to the contrary. Mathews argues that a wiser course of argumentation for the appellants may have been to rely on IP jurisprudence, arguing that reducing the time-period of the copyright to 1 year would improve access for the public,…


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Trademark

SC on Passing Off and Delays

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In a recent decision, Wockhardt Limited vs. Torrent Pharmaceuticals Ltd., a 2-Judge Bench of the Supreme Court clarified certain important principles of passing off of trademarks and delays and acquiescence.  Factual and Procedural Background Pharmaceutical company, Torrent (“Plaintiff/ Respondent”) owns branded drugs named “CHYMORAL” and “CHYMORAL FORTE”. These drugs are used to alleviate swellings and wounds which may occur post-surgery. Rival company, Wockhardt, (“Defendant/Appellant”) started selling products under the name of “CHYMTRAL FORTE”, thereby merely substituting the letter ‘T’ with…


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Trademark

Skechers USA v. Pure Play Sports – Implications of Actual Costs and Taxation of Costs – A Notable And Welcome Change In the IP Regime

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We’re pleased to bring to you a guest post by Abhimanyu Chopra. Abhimanyu is a Senior Associate at AZB & Partners. He has obtained his B.A. LL.B. (Hons.) degree from Amity Law School, New Delhi and his LL.M. degree from New Law College, Pune and is currently pursuing his PhD in Cyber Law from Amity Law School, Noida. He is also a qualified cyber forensics expert. He is currently practicing in the area of commercial litigation and arbitration with special focus…


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SpicyIP Interview Series – Carl Malamud on Gandhi, Satyagraha and Open Access in India

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On the occasion of Mahatma Gandhi’s 149th birth anniversary, we at SpicyIP celebrate by bringing you a conversation with Mr. Carl Malamud – pioneering web archivist, open access advocate, the founder of PublicResource.org and a satyagrahi on a mission to free knowledge from the restraints imposed by archaic laws, institutions and values. Mr. Malamud has been at the forefront of the fight for better access to public knowledge – having taken on (and won against) various US Government agencies like…


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Copyright

Madras HC in Miss Kajal Aggarwal v. The Managing Director, M/s V.V. D & Sons Pvt. Ltd

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This appeal on the Original Side (Original Side Appeal No.269 of 2017), was  filed under Order XXXVI Rule 1 of the O.S. Rules  read with Clause 15 of the  Letters Patent  against the  judgment and decree dated 03.07.2017 delivered in C.S.No.635 of 2011. The dispute was inter alia pertaining to the extent of copyright protection over the subject-matter cinematograph film. The judgment is available here. Brief facts The appellant-actress is a well-known actress in South India. In early stages of…


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SpicyIP Fortnightly Review (September 17-30)

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I had written a post on the latest Mahindra-Fiat dispute. The US International Trade Commission has instituted an investigation under Section 337 of the Tariff Act against Mahindra on the basis of Fiat’s complaint. Fiat alleges that its trademark in the grills of the “Jeep” has been infringed by Mahindra’s “ROXOR”. In my post, I briefly summarise similar disputes which have occurred in the past between Fiat and its rival companies (including Mahindra) and reflect upon Fiat’s “protectiveness” about its grills….


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