SpicyIP Tidbit: 10 Million Euro claim by Lambretta against Scooters India

/ By / Trademark

Lambretta Consortium (Italian two wheeler manufacturer) has stated that it will claim over 10 million Euros from Scooters India in relation to the unlawful licensing of Lambretta trademark in the EU. Scooters India Limited is an Indian automobile manufacturer in which the government has a 95% stake. Lambretta has said that the European Union Office of Harmonisation (Trademarks and Designs Department) has ruled that Lambretta holds the rights to use the Lambretta trademark in the automotive sector in the EU. […]

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TRAVEL.INDIATIMES v. INDIATIMESTRAVEL – CLASSIC INSTANCE OF CYBER SQUATTING

/ By / Trademark

Cybersquatting (also known as domain squatting) is the act of mala fide registering, trafficking in, or using a domain name with the intent to profit from the goodwill of a trademark belonging to someone else. The term is derived from “squatting,” which is the act of occupying an abandoned or unoccupied space or building that the squatter does not own, rent or otherwise have permission to use. The fact situation in the recent Delhi High Court judgment in Times Internet

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Combating Online Infringement and Counterfeits Act: A Lesson in the Legislative Process

/ By / Copyright

I’ve picked up on this piece to illustrate and support the common notion that public discussion and transparency do in fact help to bring about sensible legislative and policy decisions, and there really shouldn’t be a doubt that important legislative changes must go through a consultation process, with as much public participation as possible before it is concluded. The post deals with the recent controversy surrounding the Combating Online Infringement and Counterfeits Act (COICA) which is a proposed bill in

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B.Braun and Patent Irregularity: What Lies Beneath?

/ By / Uncategorized

The ET reported on the suspension of a patent official for alleged “irregularities”, in the context of a now famous B.Braun patent litigation case. I excerpt the critical portions below: “The government has suspended a senior Chennai patent official and initiated inquiry against another who retired earlier this year, for granting patent in a ‘highly irregular and improper’ way to German medical device maker B Braun. The move follows an investigation by the country’s Controller General of Patents, PH Kurian,

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Delhi HC Rules Against Gatorade and Saffola Descriptive Tag-Words

/ By / Trademark

The Delhi High Court has in two recent cases over the past fortnight refused to grant injunctions on substantially descriptive marks, using the decisions as an opportunity to censure such “bad” trademark registrations, and discuss the Indian position on descriptive marks in general. DECISION I: Losorb vs Low Absorb The first of these cases was a refusal to grant an injunction on the use of “Low Absorb” as passing off or infringing the registered trademarks “Losorb” or “Lo-Sorb” in a

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SpicyIP Jobs: Lead IPR Counsel for tech MNC

/ By / Uncategorized

A leading technology MNC seeks to bring in an IPR Specialist with 12-15 years experience as Lead IPR Counsel for the organisation. The role will involve managing and securing the organizations worldwide IP assets.A prospective candidate must possess an academic background in engineering and law as well as deep IP industry experience.The profile involves; Providing legal advice and strategic support to the global IPR management system. Extensive knowledge and experience in domestic and international laws relating to Intellectual Property Rights

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Event: Workshop on Commercialisation Aspects of IPR

/ By / Uncategorized

We have an interesting event update for the entrepreneurs among you who are in Delhi this month — The folks at the Indian Angel Network Incubator inform us that they are hosting a workshop on the Commercialisation Aspects of IPR in New Delhi on November 27, 2010, details of which are below. I have also uploaded details on the SpicyIP events calendar which you can access here. And of course, if you head over to the event, do mention you

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Right to begin: Madras HC on Bajaj-TVS case

/ By / Patent

Over at the Bajaj-TVS trial, which, yes, is still happening in the city formerly known as Madras, a Division Bench of the High Court has reversed the trial court decision, observing that asking Bajaj to lead evidence first to defend its infringement action against TVS. would be “prejudicial”. In a well-reasoned order discussing the “Right to Begin”, the order, which you can read here, offers a refresher course in principles of civil jurisprudence and evidence law, in context of the

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SpicyIP Tidbit: ACTA Final Text released

/ By / Uncategorized

Thanks to Michael Geist’s tweets and IPKat’s quick follow up, we have news that the final text of the controversial ACTA has just been released, though it’s stated as ‘Subject to Legal Review’.The Department of Foreign Affairs and Trade of Australia has helpfully posted a copy of the text here. This post is just to announce it’s release so that our readers too can go over it, before we go over it in more detail.

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Event Reminder : Workshop on Innovation,Creativity and IP Policy at NUJS in association with Max Planck Institute

/ By / Uncategorized

Since our last announcement about the NUJS Max Planck IP Workshop, we have added a number of new speakers and moderators which promises to make this dialogue a fabulous one! Please find the new schedule annexed below.  So hurry and shoot an email to me at [email protected] to register. Just 3 more days left! And just in case the registration fee seems to be a problem, do drop in  a line- we will consider waiver in appropriate cases.          INNOVATION,

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