Guest Post: Rosetta Stone Ltd. v. Google Inc.

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Sourav Dan, a 4th year student at KIIT law school has sent us this interesting post on the similarities between the decisions of an Indian court and American Court in holding Google liable for contributory infringement in cases where its ‘Adwords’ keywords suggestion tool, ‘suggests’ arbitrary or fanciful trademarks.  Helping hands of BharatMatrimony.com decision in changing the fate of Google Adwords in Rosetta Stone Ltd. v. Google Inc.  By Sourav Dan This post analyzes the judgment of the US Court […]

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SpicyIP Announcements: IUCIPRS offers Scholarship to Ph.D Candidates

/ By / Event

We are glad to announce that the Inter University Centre for Intellectual Property Rights Studies (IUCIPRS) is offering scholarships to Ph.D candidates interested in research on IPR related issues. IUCIPRS is an autonomous Centre at Cochin University of Science and Technology (CUSAT) established to encourage multidisciplinary teaching and research in IPR. Eligibility & Duration: Candidates already enrolled or eligible for Ph.D registration in CUSAT can avail this scholarship for a period of two years (extendable up to four years). Selected

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Upcoming patent agent examination

/ By / Patent

We have received multiple queries from our readers regarding the patent agent examination.  Although there is no formal date prescribed as yet by the patent office, we may safely assume that the examination would be held anytime after August 2012. Our readers would remember that we had in one of our previous post discussed the implications of the weightage reduction to viva-voce examination.  In that case the Delhi High Court (“DHC”) had struck down the minimum 50% weightage given to viva-voce examination.

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May 2012: Controller’s decision at the patent office

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The month of May was sizzling like the weather in Delhi, at the Controller’s offices.  In total, approximately 140 decisions were issued!!  Compare this with March, in which a total of eight decisions were issued.  Because of the large list, individual decisions are not discussed in detail in this post.  Separate posts would follow for analysis of individual cases, and our readers are welcome to ask for analysis of ones in which they are interested in the comments section.  There are

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The Basmati story that even RTIs can’t get out

/ By / Trademark

This saga began nearly six months ago. A half-conclusion of sorts was reached yesterday, and hence this post. (Warning: very long post.) One of the major tasks we have tried to undertake on this blog is to document, as best as possible, the evolution of Indian IP over the past few years. While we have tried to keep regular track of live issues — stories that are ongoing and for which we have easy access to resources — there have

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Note on Delhi HC judgment in Lt Foods Ltd v. Sunstar Overseas Ltd &Anr.

/ By / Trademark

The Delhi HC, in Lt Foods Ltd v. Sunstar Overseas Ltd &Anr., decided on a bunch of interim applications filed by the parties in the cross-suits, seeking injunction against each other. The parties, in the instant case, claimed ownership rights over the mark “HERITAGE” used in respect of rice. While plaintiff claimed to be the user of the mark since 1997, the defendant claimed to be the user from 1985.The parties did not dispute that the marks used by them

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Making a mockery of the RTI Act

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Originally, this post was supposed to be one on the procurement of legal services by the Central Government and other statutory bodies. The reason for this being that the Government has recently introduced in Parliament, for the first time, a Public Procurement Bill, 2012 which will have a major impact on the manner in which the Central Government procures goods and services with public money. This would include the legal services of IP lawyers. Prior to this Bill, all Central

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Of Trademarks & Movie Titles: The Applicability of the Initial Interest Confusion Doctrine

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If readers can recollect, majority of us agreed that the title ‘Hari Puttar’ makes one think of J.K. Rowling’s ‘Harry Potter’ according to a poll we ran on the blog four years ago. If not anything, that’s the first impression. Although the rhyming similarity with Harry Potter might have aroused initial consumer interest in the Punjabi comedy, this is not to say that moviegoers would think of the movie as an Indian version of the English novel. Warner Bros. claimed

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Scheme to support International Patent Protection by SMEs and Technology Start up Units launched

/ By / Patent

The Department of Information Technology, Ministry of Communications and Information Technology (MCIT) and the Government of India have started a scheme to provide financial support to Small and Medium Scale Enterprises (SMEs) and Technology Start-Up units for international patent filing. This has been done to encourage indigenous innovation and capture growth opportunities in the areas of IP, information technology and electronics. Entities eligible to apply include registered Indian micro, small and medium enterprises, enterprises engaged in the manufacture or production

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GI Registry dragging its feet on petitions filed against ‘Darjeeling Tea’ & ‘Tirupati Laddu’

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It has been more than a year since rectifications petitions have been filed against the Geographical Indication tags for ‘Darjeeling Tea’ and ‘Tirupati Laddu’. Both petitions were filed in the year 2010 and both petitioners are yet to be granted a date of hearing despite repeated reminders to the G.I. Registry.  While the petition against ‘Darjeeling Tea’ has been filed by Rajeev Saraf who is represented by Advocate Vinay Kumar Jain, the petition against the ‘Tirupati Laddu’ G.I. has been

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