Copyright Others Patent Trademark

Madras Bar Association challenges the constitutionality of the Finance Act, 2017 and the new tribunal rules

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As recently reported by Bar & Bench, the Madras Bar Association has filed a petition before the Madras High Court challenging the constitutionality of Sections 156 to 189 of the Finance Act, 2017 as also the Tribunal, Appellate and other Authorities (Qualifications, Experience and other conditions of Service of Members) Rules, 2017 that I had written about over here. A bench of the Madras High Court headed by Chief Justice Indira Banerjee has issued notice to the government asking it to…


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Others

SpicyIP Weekly Review (June 11- June 17)

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(This Weekly Review was written by SpicyIP fellow Sreyoshi Guha) This week’s thematic highlight was the two-part guest post by Eashan Ghosh on the distinction between an action for trademark infringement under section 29(1) and that under section 29(2) of the Trademarks Act. Part 1 begins by highlighting this distinction as part of the contentions raised during a recent trademark infringement case before the Bombay High Court. Eashan argues that both the sections are embedded in an ‘activity-comparison-condition’ chain that the…


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Trademark

A Nuanced Trademark Distinction: 29(1) vs 29(2)? – Part II by Eashan Ghosh

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(Continued….) Part I is available here. Distinguishing Conditions / Effects The third observation from the outcome table is that the key difference between Sections 29(1) and (2), as the defence in Ajanta hinted at, lies in the further condition / effect required to be met. To be clear, the three conditions / effects in issue are: “use in a manner as to render the mark likely to be taken as being used as a trademark” under Section 29(1); “use in…


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Trademark

A Nuanced Trademark Distinction: 29(1) vs 29(2)? – Part I by Eashan Ghosh

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  Eashan Ghosh graduated as a gold medalist from NLSIU, Bangalore and with distinction honours from the University of Oxford. He has been in practice as an intellectual property advocate and consultant in New Delhi since 2011, and has taught intellectual property law at NLU Delhi and NLSIU, Bangalore. He has published articles in international journals including the European Intellectual Property Review, World Trademark Review, the Journal of Intellectual Property Law & Practice and the Queen Mary Journal of Intellectual…


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Copyright Others Patent Trademark

Government of India launches ‘Occupy the tribunals’ movement with new rules on appointments and removals of judges of the IPAB & 18 other tribunals

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On June 1, 2017 the Department of Revenue, Ministry of Finance notified in the Gazette of India, the Tribunal, Appellate Tribunal and other Authorities (Qualifications, Experience and other Conditions of Service of Members) Rules, 2017. These rules were notified under Section 184 of the Finance Act, 2017. It is usually the practice of the Central Government to publish a draft of statutory rules in the Gazette and invite comments from the public before notifying such rules into the law. However…


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Trademark

Two “Weddings” and a Passing Off Claim

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A week ago, Justice Gautam Patel authored a guest post for us. This was quite legendary and one of many firsts:  first sitting judge to write for us, first sitting judge to engage in a thought provoking dialogue on this platform, etc. However, it wasn’t the first time Justice Patel has given us food for thought, or even awed us with his judicial practice. (Our archives are studded with J. Patel’s brilliance, accessible here.) This, also, was nowhere near the…


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Privacy

The Whatsapp Privacy PIL: Did Facebook shoot Whatsapp in its foot?

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A few months ago, I had written about a judgment of the Delhi High Court dismissing a PIL filed against the change in Whatsapp privacy policy. As I had commented at this time, the PIL was absolutely frivolous and should have been dismissed. Yet, it is now being heard by a constitutional bench of the Supreme Court – a rare event these days. How did this PIL transform from being frivolous to ending up before a Constitutional Bench of 5…


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Competition Law Patent Unfair Competition

Apple v. Nokia – patent privateering – Will the CCI take suo moto notice?

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Last month, Apple and Nokia announced that they were settling all pending litigation with each other. In a statement available on Apple’s website, Nokia stated, “This is a meaningful agreement between Nokia and Apple,” Maria Varsellona, Chief Legal Officer, Nokia.  It moves our relationship with Apple from being adversaries in court to business partners working for the benefit of our customers.” Apple filed the first complaint against several entities, all of whom had purchased SEPs from Nokia / or were…


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Others Trademark

Why So Gambhir?

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In what could be an interesting publicity rights case, ace cricketer Gautam Gambhir has taken a Delhi based restaurateur to Court for unauthorized use of his name in the tagline of his pubs. The twist is…the hotelier is named Gautam Gambhir too! Facts Gautam Gambhir discovered that two pubs in Delhi, ‘Hawalat’ and ‘Ghungroo’, were using the tag line ‘by Gautam Gambhir’, which was causing confusion among his fans.  A teetotaler himself, he was distressed at this ‘false association’ caused…


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Patent

Supreme Court of the US Reins In Forum Shopping in Patent Litigation

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The Supreme Court of the United States, (“SCOTUS”) in its recent decision in TC Heartland LLC v. Kraft Foods Group Brands LLC, significantly altered patent litigation in US law by reducing the possible forums available to plaintiffs to bring infringement actions against domestic defendants. Background and SCOTUS Ruling On examining the sheer volume of patent litigation in the United States District Court for the Eastern District of Texas (“EDTX”), one might assume that it is a hotbed of innovative activity…


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