Darjeeling Lounge survives: Tea Board loses appeal

/ By / Trademark

The Tea Board of India has lost its appeal before the Calcutta High Court to injunct the Indian conglomerate ITC Limited, and its hospitality/hotel chain, from using the word “Darjeeling” in connection with its tea lounge. In its order dated 24 August 2011, a Division Bench of the Calcutta High Court emphatically upheld the earlier decision of the Single Judge (which we reported on here and here), saying that the injunction had been refused on “well-established principles”, and that the […]

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Note on Malar Network (P) Ltd. Vs. Arun Prasath D

/ By / Trademark

In this post, I shall discuss the Madras High Court judgment dated 28th March, 2011 which decided on an appeal directed against Single Bench Order. The judgment is available here. Facts The Appellant/Plaintiff Malar Network (P) Ltd., with an intention to engage in the business of Telecommunications, T.V. Channels, websites and related fields, registered the domain names “MALARTV.COM” and “MALARTV.IN” in 2005 and 2007 respectively under Class 38. The appellant, however, did not put them into use in the public

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Guest Post: Factors Contributing to Orphan Works vis-a-vis a viable Option

/ By / Copyright

We are extremely pleased to bring to our readers a short piece by Nirajan Man Singh on orphan works and the viable alternatives for protection works from being orphaned, with a specific analysis of the Google Books settlement. Nirajan was a student of NALSAR University and then pursued his masters at UC Berkeley School of Law. This particular paper was written during his time at Berkley Law, under Professor Pamela Samuelson. You can read the entire paper on Nirajan’s SSRN

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SpicyIP Announcements: Call for Submissions – Special Issue on Dispute Settlement at the WTO

/ By / Event

The Editors of TL&D invite submission of unpublished, original works for publication in the forthcoming Special Issue of TL&D (vol.4, no.1 (2012)). The theme for the Special Issue is: Dispute Settlement at the World Trade Organization. Manuscripts received by 31st October, 2011 shall be considered for publication in the TL&D Special Issue on Dispute Settlement at the WTO. Submissions can be made online through our website, ExpressO, LexOpus, or by way of e-mail. Please see the submission guidelines, and in

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TenXC patent litigation-arguments concluded

/ By / Patent

Arguments were concluded in the TenXC patent litigation last Friday.  We now eagerly await the decision.  As discussed in our previous posts, here and here, the arguments from both sides went predictably-the plaintiff arguing patent was valid and infringed and defendants that the patent was invalid.  Of course, this is the general case in patent litigation. The defendants argued that all they had to show was a credible challenge to the patent, and because there was no presumption of validity of

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Christian Louboutin Sees Red—New York Court Refuses to Stop Yves Saint Laurent’s Use of Red!

/ By / Trademark

The followers of Spicy IP, especially the fashion-conscious ones, may be interested in having a look at the following guest post by Sujata Chaudhri, Esq,.a lawyer specializing on U.S. trademark law, a former partner at Cowan, Liebowitz & Latman, P.C., a leading U.S. IP law firm, as well as an adjunct professor at the University of New Hampshire Law School and a member of the Advisory Council of Franklin Pierce Center for Intellectual Property. The Spicy IP team thanks Ms.

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CIC fines CPIO of Trade Marks Registry Rs. 25,000

/ By / Trademark

One of our readers recently sent us a decision of the Central Information Commission (CIC) in the case of Shri Kamal Kishore Arora v. the Central Public Information Officer (CPIO) of the Trade Marks Registry. The case is available for download over here. The Appellants in this case are practicing advocates who had filed applications under the Right to Information Act, 2005 with the Trade Marks Registry requesting for information pertaining to two trademarks. The CPIO had failed to reply

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INTA Discussion on Trademark Litigation and Pre-Enforcement Strategies

/ By / Uncategorized

(Images taken from here) The followers of Spicy IP may be pleased to know that the International Trademark Association (INTA), that has organized a host of significant and informative discussions and programs in the past (see here, here and here), is coming up with what promises to be yet another relevant and lively discussion on trademark litigation and pre-enforcement strategies in India. The discussion is scheduled to take place on Saturday, September 10, between 10:30 a.m. and 2:00 p.m. at

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IP and Freedom Fighters

/ By / Copyright

On the 65th birthday of a nation that represents one of the world’s oldest civilizations, let me (on behalf of SpicyIP) wish all of you a wonderful independence day. Rather than pondering the meaning of independence and how our IP offices are still not fully “independent”, I thought it might be more interesting to explore the nexus between IP and our freedom fighters i.e. those that helped India break free from the yoke of colonial rule. Let’s start with the

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Google buys Motorola Mobility for $12.5Billion

/ By / Uncategorized

Google today announced that it will purchase Motorola Mobility for $12.5Billion.  This decision comes on the heels of the Nortel patent auction where Google had missed out on the erstwhile Canadian telecom giant’s assets.  With the purchase of Motorola Mobility, Google now owns about 17000 patents in the wireless domain.  This number is almost three times the patents in the Nortel patent auction.  Motorola Mobility was formed earlier this year when Motorola hived off its operating units into separate entities-Motorola

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