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SpicyIP Weekly Review (August 5-August 11)

/ By / Copyright, Patent, Trademark

Here is our recap of last week’s top IP developments including summary of the posts on Lupin’s colour trademark registrations, revisions to Covaxin’s patent application, DHC’s order against a plaintiff who submitted false evidence in a trademark suit, and BHC’s decision restraining AI platforms from using Arijit Singh’s likeness. This and much more in this SpicyIP Weekly Review. Anything we are missing out on? Drop a comment below to let us know.  Highlights of the Week What’s in a Colour? […]

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What’s in a Colour? Taking a Look at Lupin’s Colour TM Application for its Inhalers 

/ By / Trademark

Recently Lupin Atlantis Holdings SA secured trademark registrations for three colour combinations for its inhalers. Highlighting some interesting bits from the prosecution of these applications and explaining the implications of these registrations on the larger access to medicines issues, we are pleased to bring to you this post by Md. Sabeeh Ahmad. Sabeeh  is a recent law graduate from AMU, Aligarh. His previous posts can be accessed here. What’s in a Colour? Taking a Look at Lupin’s Colour TM Application for

What’s in a Colour? Taking a Look at Lupin’s Colour TM Application for its Inhalers  Read More »

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…And The Covaxin Patent Saga Continues: BBIL Changes the Patent Application Again

/ By / Patent

The Story Till Now On one hand, COVID-19 cases are rising yet again to everyone’s surprise, and on the other, the surprises from the Covaxin patent application don’t seem to stop. In late June this year, I wrote (here) about how Bharat Biotech (BBIL) filed a patent application for Covaxin without listing the Indian Council of Medical Research (ICMR) as a co-patentee or inventor, despite the Health Ministry asserting that the intellectual property rights over Covaxin are “jointly owned” by

…And The Covaxin Patent Saga Continues: BBIL Changes the Patent Application Again Read More »

Trademark Infringement to Criminal Prosecution: an Inimitable Interaction?

/ By / Trademark

In an interesting turn of events, the plaintiff in a trademark infringement suit had to face the wrath of the Delhi High Court for submitting false evidence and got criminal proceedings instituted against them on the directions of the Court. Discussing this development in detail, we are pleased to bring to you this post by SpicyIP intern Rishabh Deshpande. Rishabh is a 3rd year B.A.LLB. student from WBNUJS, Kolkata. His previous post can be accessed here. Trademark Infringement to Criminal

Trademark Infringement to Criminal Prosecution: an Inimitable Interaction? Read More »

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[PART II] Synthetic Singers and Voice Theft: BomHC protects Arijit Singh’s Personality Rights

/ By / Others

[A big thanks to Praharsh for his inputs on the post.]  This is Part II of the two-part post on the recent Bombay High Court (BomHC) order in the case of Arijit Singh v. Codible Ventures LLP that has initiated a judicial discussion on the protection of artists’ personality rights against the unauthorised use of their voices by AI tools. In Part I of the post (here), the BomHC’s decision and analysis on the issue of AI cloning of singers’

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[PART I] Synthetic Singers and Voice Theft: BomHC protects Arijit Singh’s Personality Rights

/ By / Others

[A big thanks to Praharsh for his inputs on the post.]  On July 26, 2024, the Bombay High Court (BomHC) delivered a significant order in the case of Arijit Singh v. Codible Ventures LLP, marking a big step in the protection of artists’ personality rights against the unauthorised use of their voices by artificial intelligence (AI) tools. In this case, noted singer and composer Arijit Singh requested legal protection against the unauthorised commercial use of his personal attributes, such as

[PART I] Synthetic Singers and Voice Theft: BomHC protects Arijit Singh’s Personality Rights Read More »

SpicyIP Tidbit: BHC Directs Patanjali to Pay Additional 4 Crores in a Trademark Infringement Dispute 

/ By / Trademark

[This tidbit is co-authored with Sumedh Gadham. Sumedh is a second-year law student enrolled at the National University of Juridical Sciences (NUJS). He is interested in intellectual property, tech law, and policy. His previous posts can be accessed here.] After being directed to deposit INR 50 lakhs, the Bombay High Court has reportedly imposed a hefty cost of INR 4 Crores on the company. As per the Livelaw’s report above, the Court, while disposing Mangalam Organics’ petition for contempt proceedings,

SpicyIP Tidbit: BHC Directs Patanjali to Pay Additional 4 Crores in a Trademark Infringement Dispute  Read More »

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SpicyIP Weekly Review (July 29-August 4)

/ By / Copyright, Patent, Trademark

Here is our recap of last week’s top IP developments including summary of the posts on legal notices sent by Manu Bhaker’s team to different companies for putting out unauthorized congratulatory posts, DHC’s orders on Al-Hamd Tradenation’s compulsory license application to access PPL’s sound recordings, and our comments on the draft Trademark (Holding of Inquiry and Appeal) Rules. This and much more in this SpicyIP Weekly Review. Anything we are missing out on? Drop a comment below to let us

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Manu Bhaker’s Olympics Victory: Do Brands Violate Publicity Rights by Putting out Congratulatory Posts?

/ By / Trademark

Alongside winning medals for India in the 2024 Olympics, shooter Manu Bhaker is also in the news for legal notices sent on her behalf against ‘unauthorized’ congratulatory posts by different companies. Now, one may wonder what’s the harm in posting a simple congratulatory message and if such a measure is a little too extreme. Explaining why and how such seemingly innocuous posts infringe on the shooter’s personality rights, we are pleased to bring to our readers this post by SpicyIP

Manu Bhaker’s Olympics Victory: Do Brands Violate Publicity Rights by Putting out Congratulatory Posts? Read More »

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DHC strikes the Right Chord Clarifying that a Pending Compulsory License Application Will Not Justify Allegedly Infringing Activity to Continue 

/ By / Copyright

On July 12, 2024, the Delhi High Court (DHC) issued two orders in a matter involving a dispute between Phonographic Performance Limited (PPL) and Al-Hamd Tradenation concerning interim injunctions and compulsory licensing (CL). This post analyses the astuteness of the two orders and the implications this jurisprudence will have on future litigations involving similar matters. The Interim Injunction Grant… On July 12, 2024, a single bench (SB) of the DHC granted an interim injunction against Al-Hamd Tradenation in the case

DHC strikes the Right Chord Clarifying that a Pending Compulsory License Application Will Not Justify Allegedly Infringing Activity to Continue  Read More »

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