Copyright Licenses in the Cloud

/ By / Copyright

In this post, I will focus on the licensing issues in the new cloud based services provided by Google and Amazon. As always, I write with the hope that the Indian labels will eventually recognise the onset of the digital age in music and by understanding the issues as and when they come up internationally, they will be in a better position to provide a seamless service to its users when they finally decide to set up such services in […]

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IJLT-CIS Lecture series to be streamed live tomorrow

/ By / Uncategorized

The Indian Journal of Law and Technology and the Centre for Internet and Society present the lecture series on “Emerging Issues in Privacy: Law, Policy and Practice” on 21st and 22nd May, 2011. The lectures will be covering the following themes: 1. UID Project and Challenges to Privacy2. Privacy, Cloud Computing & Social Networking3. The State and Privacy: E-Surveillance et. al. The following speakers have currently confirmed their presence at the event 1. Dr. Usha Ramanathan2. Dr. Sudhir Krishnaswamy3. Ms.

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Delhi High Court rains on Champagne’s Parade

/ By / Trademark

(Image taken from here)Yesterday, the Delhi High Court had come up with a judgment vindicating IPAB’s stance regarding a matter of trademark opposition. The matter, titled Champagne Moet And Chandon v. Union Of India & Ors. [W.P. (C) 9778 of 2006], involves a trademark relating to champagne, which ought to prove especially interesting to the readers who also double as wine connoisseurs. Facts: The Petitioner (Champagne Moet) had challenged a trademark application filed by the Respondent (M/s Moets) regarding a

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DIPP releases discussion paper on Utility models

/ By / Uncategorized

Shamnad had discussed the use of utility model (UMs) applications in a previous post here.  The Department of Industrial Policy and Promotion (DIPP) recently posted a discussion paper on the possibility of granting patents for UMs on its website, available here.   The DIPP seeks specific views and suggestions on Section X of the paper entitled ‘Issues for Resolution’ and any related issues.  The objective is to develop a suitable framework for protecting utility models, in the event it is felt

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Sholay scores interim victory in landmark ‘ringtones’ litigation

/ By / Copyright

The Delhi High Court has recently passed interim orders in the copyright infringement lawsuit filed by Sholay Media & Entertainment Pvt. Ltd. against Vodafone over the sale of ringtones of songs and dialogues from the super-duper 70s Bollywood blockbuster Sholay. We had blogged about the dispute earlier over here. The judgment of the Delhi High Court is available over here. The Plaintiffs were represented by Mr. Jagdish Sagar, Partner at Anand and Anand who briefed Senior Advocate Sudhir Chandra Agarwal.

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World Copyright Summit in Brussels on 7th & 8th June, 2011 – Javed Akhtar to be the keynote speaker

/ By / Event

The World Copyright Summit will be held in Brussels on 7th & 8th June, 2011. It is organised by International Confederation of Societies of Authors and Composers (CISAC). After two successful editions in Brussels (2007) and Washington, DC (2009), over 600 participants will attend the third edition of the Summit. World famous creators, rights organisations, music and books publishers, TV and film producers, policy makers, media and content providers, ISPs and telecom operators, hardware manufacturers, legal and technology experts and

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Determination of prima facie validity of registered mark

/ By / Trademark

The Delhi High Court once again examined the prima facie validity of a registered mark in its judgment in Bhole Baba Milk Food Industries Ltd v. Parul Food Specialities (P) Ltd. The Court had to decide plaintiff’s application for interlocutory injunction qua use of word “Krishna” (which is part of its registered mark) in the label mark “Parul’s Lord Krishna” of the defendant. A similar examination of registered mark was earlier carried out in Marico Ltd v. Agro Tech Foods

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Claim construction issues in the TenXC patent litigation

/ By / Patent

  In a previous post we had touched upon briefly on the TenXC patent litigation, where we had stated that the patent at issue was not an essential patent.  This post provides an analysis of the patent in issue (Indian patent 240893, hereinafter the 893 patent) in the aforesaid litigation.  Before delving deeper into the granted claims of the ‘893 patent, the diagrams and text in the specification support column are from the equivalent PCT application number WO/2007/106989 because the

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"It’s Evident Enough!" Says Bombay High Court to IPAB

/ By / Trademark

(image taken from here)Recently, a Bombay High Court decision saw the Intellectual Property Appellate Board (IPAB) yet again being told in no uncertain terms to reconsider a decision. Name: M/s. Agar Distributors (India) (hereinafter Petitioner) v. IPAB and M/s. Lakh Enterprises (hereinafter Respondent) [Writ Petition No.364 of 2011] Judgment Date: April 29, 2011. Facts: Respondent had filed an application for registration of the trademark “BRIGHT STAR”, to which Petitioner filed an opposition on the ground of pre-existing registered trademarks “5

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India’s phoney wars are here to stay

/ By / Uncategorized

This post covers the basic background of telecom patent litigation and gives reasons why there is so much patent litigation across the globe in this specific domain.  It provides a difference between essential and non-essential telecom patents and why in the authors opinion telecom patent litigation is expected to increase in India just as it has increased across the globe.  Also because telecom patents ultimately concern the use of a mobile phone, it is commonly referred to as phoney litigation.

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