It’s Payback Time- Punitive Damages Awarded in a Trademark/Copyright Infringement Case (Atlantic Industries v. Simon Food Processors)

/ By / Copyright, Trademark

On 26th May, 2014, the Delhi High Court, awarded punitive damages amounting to Rs. 2 Lakh in an ex parte order against the absconding defendant Simon Food Processors for infringement of trademark and copyright (read the judgment here). The case deals with trademark and copyright over the name and stylised logo of SCHWEPPES owned by Atlantic Industries, a wholly owned subsidiary of The Coca Cola Company. The plaintiffs contended that they were the registered owners of the trademark over the […]

It’s Payback Time- Punitive Damages Awarded in a Trademark/Copyright Infringement Case (Atlantic Industries v. Simon Food Processors) Read More »

Guest Post: Book Review of Bugging Cancer – Daring to dream

/ By / Innovation

Our very own Prashant brings for our readers a succinct and insightful review of a new book, ‘Bugging Cancer’, penned by the noted scientist Dr. Ananda Chakrabarty, who, as Prashant introduces adroitly, is “THE Chakrabarty from Diamond v. Chakrabarty.” So read on, folks! Book Review: Bugging Cancer – A story of cancer, love, research and patents Over the last few years the conversation about cancer and its treatment has been making a steady inroad into the mainstream discourse. After Siddhartha

Guest Post: Book Review of Bugging Cancer – Daring to dream Read More »

SpicyIP TidBit: 6-month Research Internship Opportunity at South Centre, Geneva

/ By / Event

South Centre is an intergovernmental organization which brings together developing countries to combine their efforts and expertise in promoting their common interests in the international arena. The orgranization undertakes  research and analysis oriented on various international policy areas that are relevant to the protection and promotion of the development interests of developing countries and responds to requests for policy advice and for technical and other support from collective entities of the South such as the Group of 77 (G-77) and China and

SpicyIP TidBit: 6-month Research Internship Opportunity at South Centre, Geneva Read More »

Distributed infringement issues under US patent law decided – lessons for India?

/ By / Patent

It seems that patent law decisions by the Supremes are the flavour for the month of June.  Our Supremes issued the decision in the Enercon matter and Aparajitha had posted about it here.  The US Supreme Court also issued two patent law decisions this week covering distributed infringement (Limelight Networks v. Akamai Technologies) and on indefiniteness analysis – i.e. level of support in specification for the claims (Nautilus v. BioSig).  I shall be covering the Limelight decision in this post

Distributed infringement issues under US patent law decided – lessons for India? Read More »

A Belated Weekly Review (May 26th to June 1st, 2014)

/ By / Others

We started the week with Spadika’s post on Teklo Corporation v. Survo Ghosh, a case of the Delhi High Court in which Justice Endlaw ruled that misuse of copyright is not a defence to infringement. The plaintiffs alleged that their copyrighted software was being infringed by the respondents. The respondents, instead of relying on the usual defences available under the copyright act, instead set up the claim that the plaintiffs had misused their copyright in the software by providing in

A Belated Weekly Review (May 26th to June 1st, 2014) Read More »

CSIR-URDIP announces admission for PG Diploma in Patinformatics(Patent Informatics)

/ By / Event, Sponsored

CSIR-URDIP has been working in the field of Patinformatics for more than a decade. Patinformatics is fast emerging as a science of analyzing patent information which supports decision making in research, technology and business planning.   CSIR – URDIP is now launching for the first time in the country a one year full time post-graduate diploma course in the field of Patinformatics. The course has been designed to train the candidates in the art of patent searching, reading and analysis

CSIR-URDIP announces admission for PG Diploma in Patinformatics(Patent Informatics) Read More »

European patent office to include Indian patents in their search database.

/ By / Patent

An invention can be the subject of a number of patent applications worldwide, in a variety of languages. Patent equivalents are a list of similar patent documents; with the same priority dates from throughout the world (for example see here). Searching for Indian patent equivalents is a herculean task! I’ve always wondered why Indian patents never featured in free online databases like WIPO’s Patentscope or EPO’s Espacenet. Thankfully that’s going to change. As reported by Business standard, Indian patents will

European patent office to include Indian patents in their search database. Read More »

The dispute between Anchor Health & Beauty Care and Proctor & Gamble Manufacturing- Part II

/ By / Trademark

Yesterday, I had published a post about the Single Judge’s decision of 9 May, 2014 with respect to the trademark dispute between Anchor and Proctor & Gamble. One of the major issues involved therein was whether the plaintiff’s mark “ALLROUND PROTECTION” was descriptive or not. The Single Judge decided this issue and rightly so, using the principle of approbate and reprobate. However, he did not come to a finding on the descriptiveness of the plaintiff’s mark. I had discussed that

The dispute between Anchor Health & Beauty Care and Proctor & Gamble Manufacturing- Part II Read More »

Breaking News: SC streamlines patent revocation procedures in Enercon litigation

/ By / Patent

Yesterday, the Supreme Court rendered a significant decision in the Enercon patent litigation. The court addressed the issue of multiplicity of proceedings in patent cases with regard to opposition, invalidation and revocation. The judgement goes a long way in streamlining the procedural aspects of patent cases. A patent can be annulled in three ways – either by way of an opposition (pre or post grant), through a revocation proceeding before the IPAB or by way of a counter-claim in an

Breaking News: SC streamlines patent revocation procedures in Enercon litigation Read More »

Anchor Health and Beauty Care Pvt Ltd. v. P&G Manufacturing Co Ltd- a trademark dispute over descriptiveness and more!

/ By / Trademark

Last month, the High Court of Delhi decided a trademark dispute between Anchor Health and Beauty Care Pvt Ltd and Proctor and Gamble Manufacturing Co Ltd. The plaintiff (Anchor Health) had a registered trademark ‘ALLROUND’ and they stated that the defendant’s use of the mark “ALL-AROUND PROTECTION’ vis-a-vis their toothpaste brand ORAL-B constituted an infringement of the plaintiff’s trademark.This case involved three major issues, first, whether the plaintiff’s mark was descriptive, secondly, whether it had fallen into disuse and thirdly, in any event, whether the defendant’s

Anchor Health and Beauty Care Pvt Ltd. v. P&G Manufacturing Co Ltd- a trademark dispute over descriptiveness and more! Read More »

Scroll to Top