Trademark

Injunction in AZ Tech (India) v Intex Technologies (India) Ltd. Stayed


Three days ago, I wrote a post about the order of temporary injunction in the case of AZ Tech (India) & Anr. v Intex Technologies (India) Ltd. & Anr., where the handset giant, Intex Technologies was injuncted from using the “Aqua” trademark. This injunction was granted primarily on the grounds that AZ Tech (India) was the prior user of the mark and the use of the same trademark by Intex Technologies would cause the likelihood of confusion amongst customers. This…


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Events Sponsored

SpicyIP Events: First Asia-Pacific Colloquium on IP And Competition Law at NLU-D


We are glad to announce that the Centre for Innovation, Intellectual Property and Competition (CIIPC), National Law University, Delhi is organising the First Asia-Pacific Colloquium on Intellectual Property and Competition Law at the National Law University Delhi from March 13th to 17th, 2017. The deadline for applications is February 1, 2017. About CIIPC The Centre for Innovation, Intellectual Property and Competition (CIIPC) has been established at NLU Delhi with the aim of supporting academic and policy oriented dialogues in the…


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Others

‘The Cunning of Rights: Law, Life, Biocultures’: Call for Reviews


We are happy to bring to our readers a guest post by Rajshree Chandra on her book ‘The Cunning of Rights: Law, Life, Biocultures’. Rajshree is an Associate Professor of Political Science at the University of Delhi. She is also a Senior Visiting Fellow  at the Centre for Policy Research, New Delhi. Her current work seeks to build upon her earlier monograph titled “Knowledge as Property: Issues in the Moral Grounding of Intellectual Property Rights”. If any of you are interested…


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Events Sponsored

SpicyIP Events: First Asia-Pacific Workshop on Empirical Methods in Innovation, IP & Competition at NLU-D


We are pleased to announce that the Centre for Innovation, Intellectual Property and Competition (CIIPC), National Law University, Delhi is organising a workshop on Empirical Methods in Innovation, Intellectual Property and Competition. This workshop will take place at the National Law University, Delhi from March 9th to 11th , 2017. The deadline for applications is February 1, 2017. About CIIPC The Centre for Innovation, Intellectual Property and Competition (CIIPC) has been established at NLU Delhi with the aim of supporting academic…


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Trademark

The Underdog Takes It All: AZ Tech (India) v. Intex Technologies (India) Ltd.


Recently, the Delhi High Court temporarily injuncted the handset giant Intex Technologies from using the trademark “Aqua” based on passing off charges made by AZ Tech (India). The judgement is available here. This well-reasoned and lucid judgement is one of the few in India which deal with arbitrary marks. This is an interesting case where a much smaller company has been able to prima facie prove passing off against a leading corporation in the field. Facts The plaintiffs sought an…


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Copyright

Sony Music v. Raj TV: Reading between the Lines


On the 12th of December, 2016, the Madras High Court passed a brief order in the case of Sony Music Entertainment India Pvt. Ltd. v. Raj Television Network Ltd. (read the order here). The Court restrained Raj TV from using the sound recordings and images owned by Sony, as well as synchronizing Sony’s underlying musical and literary works with visuals to create cinematographic films. While the order doesn’t go into the specifics of the factual background, Sony Music filed this…


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Others

Our new book on the history & politics of Indian IP & a free e-book on Indian copyright legislation and parliamentary debates


I’m happy to announce to our readers that the Oxford University Press has recently published a book on Indian IP that I have co-authored with Sumathi Chandrashekharan, who used to blog with us on SpicyIP and who is now with the Vidhi Centre for Legal Policy. The book is titled Create, Copy Disrupt: India’s Intellectual Property Dilemmas and attempts to narrate the history and the politics surrounding India’s intellectual property policies since it declared independence from the British in 1947….


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Patent

SpicyIP Poll: Viva or No Viva for Patent Agent Exam & IIT-M’s Internship Opportunity for 2017 Exam Aspirants


In our last post on the patent agent exam, we had questioned the credibility of the recently released viva scores and revived the controversy over the constitutionality of the viva exam. We have now initiated an opinion poll on this controversy and would like to know our readers’ views on whether viva voce should be a part of the patent agent exam or not. Those of you who are of the opinion that it should form part of the exam, please tell us whether…


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Others

SpicyIP Weekly Review (January 8-14)


The topical highlight for the week was undoubtedly the raging issue of discrepancy in the viva scores in the Patent Agent Exam 2016. Through this timely post, Pankhuri brought our attention to the gross disparity in the viva scores of candidates who had tallied almost the same scores in the written examination. In the course of this post, she also pointed out the gulf in the average viva scores observed across different examination centres. Pankhuri notes that while the need…


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Trademark

Holding that a Permitted User Cannot Institute a Suit for Trademark Infringement, Delhi High Court Dismisses Suit for Lack of Jurisdiction


As Ritvik recently noted on this Blog, the Delhi High Court has recently begun to shed its reputation of being a pro-plaintiff forum by dismissing suits over which the Court does not have jurisdiction in accordance with the well settled law on this subject. In keeping with this trend, a recent Division Bench judgment of the Court [P.K. Sen versus Exxon Mobile] is another excellent example of the Court testing the plaintiff’s assertions as to the Court’s jurisdiction against the…


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