Trademark

The Flintobox Story: Of Amazon’s ‘Automated Keywords’ and Google’s Adword Policy


Flintobox, a Chennai-based startup that focuses on child development, is a name that has been buzzing around the news recently. On the 19th of December, 2016, Arunprasad Durairaj, one of the founders of Flintobox, uploaded a blog post that turned into a social media campaign within a couple of days. He shared their conflict with Amazon and Google with regard to Amazon’s use of adwords that mirrored Flintobox’s registered trademark. Such use resulted in directing away traffic that was presumably…


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Trademark

A New Year Gift “NCL(11-2017)” to Trademark (Brand) Owners from WIPO!


We are happy to bring to you a guest post by Noopur Goel. With over ten years of experience in IP, Noopur is a qualified Microbiologist and an ardent IP attorney by profession. Prior to gaining experience in IP, she was involved into research activities due to affection for her friendly microorganisms. She is currently associated with a reputed NCR based boutique law firm. She is regularly invited as a guest speaker by several government organizations as well as private institutions….


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Others

SpicyIP Weekly Review (January, 1-7)


First things first – we at SpicyIP wish our readers a wonderful year ahead! Our topical highlight of the week is our coverage of the landmark first decision to deal with Summary Judgements under Order 13A of the Civil Procedure Code – by the Delhi High Court in the case of Bright Enterprises Private Ltd. & Anr. v. MJ Bizcraft LLP & Anr. I first summarize the facts of the case, before listing the highlights of the order: The Court stressed…


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Copyright

Bom & Del HCs Get Strict with Collecting Societies: Demand Proof of Authorisation


In a series of orders, the Delhi and Bombay High Courts have highlighted the need for greater transparency in collection of licence fee and directed the collecting societies (IPRS, PPL etc.) to publish proof of their right to collect license fee. In two separate orders of the Bombay High Court (see, here and here) and one by the Delhi High Court (see here), the Courts have provided for interim mechanisms by way of which the collecting societies can take licence…


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Others Trademark

Delhi HC Passes Landmark First Order on Summary Judgement Proceedings Under Order 13A of the CPC


In a succinct and very well written order, Justices Badar Durrez Ahmed and Ashutosh Kumar of the Delhi High Court delivered the first ever decision to interpret Summary Judgement Proceedings under Order 13A of the Civil Procedure Code (‘CPC’). Passed on the 4th of January, 2016 – this case: Bright Enterprises Private Ltd. & Anr. v. MJ Bizcraft LLP & Anr. (read the order here) was originally instituted to claim a permanent injunction restraining inter alia trademark infringement and dilution…


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Trademark

The PayMark Battle: Whose Blue is it Anyway?


This post has been co-authored with Ritvik Kulkarni. Have you been seeing the PayTM logo everywhere? Outside every shop, every vegetable vendor and even at the local panwadi? Well, you have been diagnosed with the PDSD (Post Demonetization Stress Disorder). Fret not; mobile wallets are here to make all the stress go away! Among others, PayTM has already become frontrunner in this market, having stupendously cashed in on the Government’s drive to go cashless. Little did PayTM know that its…


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Trademark

Surrogate Advertisements: The dark side of Trade marks? [Part II]


In Part I, I looked at the definition of surrogate advertising and relevant laws pertaining to it. In this Part, I explore the role of the judiciary and the question of trademark rights vis-à-vis surrogate advertisements. Role of the Judiciary In 1999, the Voluntary Health Association of India filed a PIL in the Delhi High Court to seek a ban on the sponsorship of the Indian cricket team by the Wills brand of cigarettes manufactured by ITC. According to the PIL, the…


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Patent

WIPO’s New AI Translation Tool Fosters Access to Information on Patented Inventions


In a pioneering step towards facilitation of access to information on patented inventions, WIPO has developed a breakthrough tool, based on artificial intelligence, for instant high quality translation of patent documents. This tool, called WIPO Translate, can be used free of charge and is available through the WIPO’s PatentScope database that contains PCT applications as well as patent documents of participating national and regional patent offices. As we know, one of the objectives of granting patents is disclosure of inventions…


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Trademark

Surrogate Advertisements: The dark side of Trade marks? [Part I]


Advertisements are made for one simple reason: to portray the product in question in a good light and make it appealing and irresistible for prospective customers. Where profit is the only motive, there is no place for cold hard facts or objective truths. Whether we believe that soup powders have “the goodness of real vegetables” or that a certain telecom brand can unilaterally solve our country’s problems, we can only point fingers at advertisements for our mistaken beliefs. Advertisements have…


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Others

Patent Agent Exam 2016: Answer Keys and Changes in Format


We are happy to bring to you a guest post on the Patent Agent Examination 2016, co-authored by Roshan John, Research Associate under the IPR Chair at IIT Madras and Dr. Sudarsan Rajagopal, one of the candidates who wrote this exam. In an earlier post, we had shared with you an answer key to Paper-I, prepared by Mr. Muthu SenthilKumar. In this post, Roshan and Dr. Sudarshan discuss the changes made to the format of the exam this year and share with us the answer…


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