Monthly Roundup - India | May 2024
Case: Microsoft Technology Licensing LLC v. The Assistant Controller of Patents and Design on 15 May, 2023 (Delhi High Court)
The Delhi High Court set aside the impugned order rejecting the patent on an invention titled “Methods and Systems for authentication of a user for sub-locations of a network location” and held that the rejection stems from an oversight of the technical effect and contribution of the claimed invention. The court held that the invention offers a novel and inventive technical solution to a security problem and not only provides a two-tier authentication process but also improves the user experience.
Read Here
India is planning to simplify patent laws to spur R&D: Official
The Centre on Tuesday said it was mulling over making the Indian Patent Act, 1970 more simplified and research-friendly for product-oriented results. Addressing the CII Global Science, Research and Innovation Summit, Akhilesh Gupta, senior adviser at the Department of Science and Technology, said while India grants an average of 23,000 patents per annum, it lacks the culture of patents filing.
Read Here
Pricing regulator sets mechanism to fix prices of off-patent drugs
The Department of Pharmaceuticals (DoP) has arrived at a formula to fix the prices of drugs that go off patent. The retail price of a drug that contains any molecule, component or ingredient that has been patented under the Patents Act (1970) shall be revised upon expiry of the patent to 50 per cent of the current ceiling price. After one year, the ceiling price will be revised again based on market data.
Read Here
The CRISPR Battle Through the Lens of International Patent Harmonization
On Tuesday, May 7, the U.S. Court of Appeals for the Federal Circuit will hear argument in a long-awaited appeal addressing the inventorship of the Nobel Prize-winning CRISPR technology. The case is the latest in a continuing legal battle between two groups of innovators, each asserting patent rights to key aspects of the ground-breaking technology.
Read Here
WIPO Report Highlights Importance of Patenting to Improve Tech Capabilities
On May 2, the World Intellectual Property Organization (WIPO) issued its most recent biennial report, entitled “Making Innovation Policy Work for Development,” which analyses patent filing, scientific publications and economic data across the globe over the last two decades to identify innovation policies effective at diversifying national economies. While WIPO’s report underscores the highly concentrated nature of the global innovation economy, it also highlights several countries that have seen significant improvements in their own technological diversification during the study period.
Read Here
Federal Circuit Highlights Differences in Statutory and Article III Standing in Patent Cases
On May 1, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision in Intellectual Tech LLC v. Zebra Technologies Corp. reversing a Western District of Texas ruling that dismissed patent infringement claims for lack of constitutional standing. In so doing, the Federal Circuit found that Article III standing was not extinguished by the plaintiff’s default on a patent security agreement that granted a secured third party the right to assign the patents at issue in the appeal.
Read Here
Delhi High Court Rules in Favour of Karim’s in Trademark Lawsuit Against Karin’s
Case name- KARIM HOTELS PVT LTD & ANR v. NIZAMUDDIN & ANR
The issue was related to back in 2010 when Karim’s came to know that Nizamuddin was using “KARIN’S” mark along with “KARIM’S” and “SECRET OF GOOD MOOD TASTE OF KARIM’S FOOD” marks for a restaurant situated at the lease premises. Justice Sanjeev Narula decreed the suit in favour of Karim Hotels Private Limited and Karim’s Mughlai Foods, which was accorded a license by the former authorising it to use “KARIM’S” trademark for commercial exploitation in relation to restaurant services.
Read Here
Delhi High Court Refuses Interim Relief To ‘Forest Essentials’ In Trademark Infringement Suit Against ‘Baby Forest’
The Delhi High Court has dismissed the interim injunction plea filed by skincare and cosmetics brand Forest Essentials seeking to restrain another brand from using the marks “Baby Forest” and “Baby Forest- Soham of Ayurveda” while selling baby care products. It is observed that the word ‘Forest’ in itself is generic and Forest Essentials cannot claim dominance over the said part of their trademark, having not sought registration under Section 17 (2) of the Trademark Act.
Read Here
Trade Marks Registrar Must Pass Speaking Order with Reasons While Adjudicating on Application for Registration of Trade Mark Assignment
Electronica India Ltd. v. Electronica Hitech Machines Pvt Ltd. & Anr.
It highlighted the necessity for the Trade Marks Registry to adhere to principles of natural justice by providing a proper hearing and issuing a speaking order. The court found that the Registrar’s handling of the case did not meet the requirements of Section 45 and Rule 77 of the Trade Marks Rules, which mandate a thorough verification process and proper documentation.
Read Here
Abu Dhabi Global Market v. The Registrar of Trademarks, Delhi on 18 May, 2023 (Delhi High Court)
The Delhi High Court set aside the impugned order rejecting the trademark application on the grounds that the subject application was not coined nor invented and used a geographical name. The court held that distinctiveness is a prerequisite for registration of a mark but inventiveness is not, as per Sections 9 and 11. The court further held that the subject mark was distinctive since the appellant’s logo is registered already. With regard to the use of geographical location, the court assessed the mark overall and held that “Abu Dhabi” is only a part of the composite mark and set aside the impugned order.
Read Here
‘Blenders Pride’ Vs ‘Royal Challenger American Pride’: Punjab & Haryana High Court Dismisses Pernod Ricard’s Appeal for Interim Relief
Holding “similarity of one word cannot be taken as infringement or passing off” Punjab and Haryana High Court dismisses Pernod Ricard’s request for an injunction against United Spirits’ use of “Royal Challenger American Pride.”
Read Here
Delhi High Court Rules in Favour of Bhakti Vedanta Book Trust in ISKCON Copyright Infringement Case
Bhaktivedanta Book Trust India V. Www.Friendwithbooks.Co 2024 Live Law (Del) 473
The Trust filed a lawsuit seeking a permanent injunction to prevent the website from infringing its copyright under Section 14(a) of the Copyright Act, 1957. The Trust argued that copyright is established through the creator’s effort and therefore legally recognized under Section 17 of the Copyright Act. The court stated that once a person holds a legally recognized right, it can only be extinguished through a legal process. The right would only cease if the holder transfers or relinquishes it through a legally recognized procedure.
Read Here
Delhi High Court Grants Dynamic+ Injunction to Protect Copyrighted Works of Netflix, Universal City Studios in Suit Against Rogue Websites
“To keep up with the hydra-headed nature of the infringement actions of such infringing domains/websites, this Court finds it fit to grant a ‘Dynamic+ injunction’ to protect copyrighted works as soon as they are created, to ensure that no irreparable loss is caused to the owners of copyrighted works, as there is an imminent possibility of works being uploaded on infringing websites or their newer versions immediately thereafter,” the court said.
Read Here
First in country: Facilitation Centre for protecting traditional art forms through GI tagging
The state government is planning to start a facilitation centre in Bhopal to offer guidance to folk and tribal artists, artisans about the process of obtaining Geographical Indication (GI) tag, which is used to protect and conserve their art forms. A national workshop will be organised soon to decide the contours of the project. Legal, marketing and Intellectual Property Rights experts, representatives of Union industries ministry, NABARD, TRIFED and state government departments will be invited.
Read Here
NERAMAC’s initiative to authorize 800 North East region farmers to use GI tagging of its processed certifications
Agricultural Marketing Corporation (NERAMAC) under Ministry of Do NER, Government of India had undertaken Geographical Indication (GI) certification of 13 products of the North-eastern region.
Read Here
Delhi High Court protects personality rights of Jackie Shroff; restrains misuse of name, images, voice
The suit, filed against multiple entities, alleges unauthorized use of Shroff’s name, photographs, voice, and the word “Bhidu” without his consent. The term “Bhidu” is particularly significant as it is a registered trademark associated with Shroff. This case emphasized the significance of personality rights, highlighting the misuse of Shroff’s images and voice on merchandise such as T-shirts, posters, mugs, and even in memes and videos. Personality and Publicity Rights refer to the rights of an individual to control the commercial use of their identity.
Read Here
DHC’s IPD Annual Report a Positive Step for Transparency
To mark the occasion of World IP Day, Delhi High Court’s IPD released its annual report 2022-23 on April 24, 2022. Among other things like comments from who’s who of the IP world and summaries of landmark orders, the report also had a dedicated chapter on the performance of the IPD in the past 1 year.
Read Here
Delhi High Court orders blocking of websites illegally streaming Undekhi’s web series
Undekhi’s producers had approached the High Court stating that as soon as the show was released on Sony Liv, it was leaked on rogue websites, thus infringing upon their IP rights.
Read Here
CGPDTM to Continue Daily Open House Sessions to address Grievances/Suggestions on IPR Issues
The sessions will be held on a daily basis from 4.30 PM to 5.30 PM via Webex. These Open House sessions will address various IPR grievances and suggestions, and if you are an IP practitioner, applicant or stakeholder, this is an excellent opportunity to interact directly with the IPO for any grievances or suggestions you may have.
Read Here
Agreement on Royalty Sharing Signed between ISRA and Music Labels
Recently, ISRA entered into a royalty-sharing agreement with Indian music labels. This comes only a few days after the Bombay High Court’s order recognizing the royalty rights of lyrics and musical composers. It highlighted the general lack of clarity over the terms of the agreement and its limitations in fully resolving the issue of royalties for singers.
Read Here
Agreement on Royalty Sharing Signed between ISRA and Music Labels
Recently, ISRA entered into a royalty-sharing agreement with Indian music labels. This comes only a few days after the Bombay High Court’s order recognizing the royalty rights of lyrics and musical composers. It highlighted the general lack of clarity over the terms of the agreement and its limitations in fully resolving the issue of royalties for singers.
Read Here
India to seek pharma IPR waiver for future pandemics
India is likely to push for a global patent waiver for vaccines, therapeutics, and diagnostics to combat future pandemics at the mini-ministerial meeting of the World Trade Organization (WTO) in Paris next month, after securing a five-year waiver for Covid-19 vaccines in 2022.
Read Here
Mumbai High Court grants ex parte injunction against US company Cognizant in logo dispute
The Mumbai High Court has recently passed an ex parte injunction in a commercial suit pertaining to IP rights (Atyati Technologies Private Limited v Cognizant Technology Solutions). The plaintiff, Atyati Technologies Private Limited, filed the action against the defendant, Cognizant Technology Solutions, alleging infringement of its trademark and copyright, as well as passing off. Atyati sought to restrain Cognizant from using any mark identical or deceptively similar to the registered mark. Atyati argued that Cognizant’s application for registration in Classes 35 and 42 evidenced its intention to free-ride on the goodwill and reputation of the ATYATI mark. The court found that Atyati had made a prima facie case in its favour.
Read Here
Cricketer Yuvraj Singh Invokes Arbitration Against Developer Over Personality Rights Violation, Possession of Apartment
In the notice concerning his privacy violation, Singh has said that the developer has misused his brand value and contravened the terms of the Memorandum of Understanding entered between the parties on November 24, 2020. As per the MoU, Singh was to promote and endorse the project in question. The MoU expired on November 23 last year. Singh is aggrieved by the alleged continued commercial use of the services provided by him, including the use of his photographs on billboards, project site, social media posts, articles etc. despite expiry of the MoU.
Read Here
NEWSLETTER GLOBAL –AUGUST
India Monthly News Roundup – June & July, 2024
Monthly Roundup | Japan-USA-India | KAFOCUS
Monthly Roundup – India | May 2024
Monthly Roundup - India | May 2024
Case: Microsoft Technology Licensing LLC v. The Assistant Controller of Patents and Design on 15 May, 2023 (Delhi High Court)
The Delhi High Court set aside the impugned order rejecting the patent on an invention titled “Methods and Systems for authentication of a user for sub-locations of a network location” and held that the rejection stems from an oversight of the technical effect and contribution of the claimed invention. The court held that the invention offers a novel and inventive technical solution to a security problem and not only provides a two-tier authentication process but also improves the user experience.
Read Here
India is planning to simplify patent laws to spur R&D: Official
The Centre on Tuesday said it was mulling over making the Indian Patent Act, 1970 more simplified and research-friendly for product-oriented results. Addressing the CII Global Science, Research and Innovation Summit, Akhilesh Gupta, senior adviser at the Department of Science and Technology, said while India grants an average of 23,000 patents per annum, it lacks the culture of patents filing.
Read Here
Pricing regulator sets mechanism to fix prices of off-patent drugs
The Department of Pharmaceuticals (DoP) has arrived at a formula to fix the prices of drugs that go off patent. The retail price of a drug that contains any molecule, component or ingredient that has been patented under the Patents Act (1970) shall be revised upon expiry of the patent to 50 per cent of the current ceiling price. After one year, the ceiling price will be revised again based on market data.
Read Here
The CRISPR Battle Through the Lens of International Patent Harmonization
On Tuesday, May 7, the U.S. Court of Appeals for the Federal Circuit will hear argument in a long-awaited appeal addressing the inventorship of the Nobel Prize-winning CRISPR technology. The case is the latest in a continuing legal battle between two groups of innovators, each asserting patent rights to key aspects of the ground-breaking technology.
Read Here
WIPO Report Highlights Importance of Patenting to Improve Tech Capabilities
On May 2, the World Intellectual Property Organization (WIPO) issued its most recent biennial report, entitled “Making Innovation Policy Work for Development,” which analyses patent filing, scientific publications and economic data across the globe over the last two decades to identify innovation policies effective at diversifying national economies. While WIPO’s report underscores the highly concentrated nature of the global innovation economy, it also highlights several countries that have seen significant improvements in their own technological diversification during the study period.
Read Here
Federal Circuit Highlights Differences in Statutory and Article III Standing in Patent Cases
On May 1, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision in Intellectual Tech LLC v. Zebra Technologies Corp. reversing a Western District of Texas ruling that dismissed patent infringement claims for lack of constitutional standing. In so doing, the Federal Circuit found that Article III standing was not extinguished by the plaintiff’s default on a patent security agreement that granted a secured third party the right to assign the patents at issue in the appeal.
Read Here
Delhi High Court Rules in Favour of Karim’s in Trademark Lawsuit Against Karin’s
Case name- KARIM HOTELS PVT LTD & ANR v. NIZAMUDDIN & ANR
The issue was related to back in 2010 when Karim’s came to know that Nizamuddin was using “KARIN’S” mark along with “KARIM’S” and “SECRET OF GOOD MOOD TASTE OF KARIM’S FOOD” marks for a restaurant situated at the lease premises. Justice Sanjeev Narula decreed the suit in favour of Karim Hotels Private Limited and Karim’s Mughlai Foods, which was accorded a license by the former authorising it to use “KARIM’S” trademark for commercial exploitation in relation to restaurant services.
Read Here
Delhi High Court Refuses Interim Relief To ‘Forest Essentials’ In Trademark Infringement Suit Against ‘Baby Forest’
The Delhi High Court has dismissed the interim injunction plea filed by skincare and cosmetics brand Forest Essentials seeking to restrain another brand from using the marks “Baby Forest” and “Baby Forest- Soham of Ayurveda” while selling baby care products. It is observed that the word ‘Forest’ in itself is generic and Forest Essentials cannot claim dominance over the said part of their trademark, having not sought registration under Section 17 (2) of the Trademark Act.
Read Here
Trade Marks Registrar Must Pass Speaking Order with Reasons While Adjudicating on Application for Registration of Trade Mark Assignment
Electronica India Ltd. v. Electronica Hitech Machines Pvt Ltd. & Anr.
It highlighted the necessity for the Trade Marks Registry to adhere to principles of natural justice by providing a proper hearing and issuing a speaking order. The court found that the Registrar’s handling of the case did not meet the requirements of Section 45 and Rule 77 of the Trade Marks Rules, which mandate a thorough verification process and proper documentation.
Read Here
Abu Dhabi Global Market v. The Registrar of Trademarks, Delhi on 18 May, 2023 (Delhi High Court)
The Delhi High Court set aside the impugned order rejecting the trademark application on the grounds that the subject application was not coined nor invented and used a geographical name. The court held that distinctiveness is a prerequisite for registration of a mark but inventiveness is not, as per Sections 9 and 11. The court further held that the subject mark was distinctive since the appellant’s logo is registered already. With regard to the use of geographical location, the court assessed the mark overall and held that “Abu Dhabi” is only a part of the composite mark and set aside the impugned order.
Read Here
‘Blenders Pride’ Vs ‘Royal Challenger American Pride’: Punjab & Haryana High Court Dismisses Pernod Ricard’s Appeal for Interim Relief
Holding “similarity of one word cannot be taken as infringement or passing off” Punjab and Haryana High Court dismisses Pernod Ricard’s request for an injunction against United Spirits’ use of “Royal Challenger American Pride.”
Read Here
Delhi High Court Rules in Favour of Bhakti Vedanta Book Trust in ISKCON Copyright Infringement Case
Bhaktivedanta Book Trust India V. Www.Friendwithbooks.Co 2024 Live Law (Del) 473
The Trust filed a lawsuit seeking a permanent injunction to prevent the website from infringing its copyright under Section 14(a) of the Copyright Act, 1957. The Trust argued that copyright is established through the creator’s effort and therefore legally recognized under Section 17 of the Copyright Act. The court stated that once a person holds a legally recognized right, it can only be extinguished through a legal process. The right would only cease if the holder transfers or relinquishes it through a legally recognized procedure.
Read Here
Delhi High Court Grants Dynamic+ Injunction to Protect Copyrighted Works of Netflix, Universal City Studios in Suit Against Rogue Websites
“To keep up with the hydra-headed nature of the infringement actions of such infringing domains/websites, this Court finds it fit to grant a ‘Dynamic+ injunction’ to protect copyrighted works as soon as they are created, to ensure that no irreparable loss is caused to the owners of copyrighted works, as there is an imminent possibility of works being uploaded on infringing websites or their newer versions immediately thereafter,” the court said.
Read Here
First in country: Facilitation Centre for protecting traditional art forms through GI tagging
The state government is planning to start a facilitation centre in Bhopal to offer guidance to folk and tribal artists, artisans about the process of obtaining Geographical Indication (GI) tag, which is used to protect and conserve their art forms. A national workshop will be organised soon to decide the contours of the project. Legal, marketing and Intellectual Property Rights experts, representatives of Union industries ministry, NABARD, TRIFED and state government departments will be invited.
Read Here
NERAMAC’s initiative to authorize 800 North East region farmers to use GI tagging of its processed certifications
Agricultural Marketing Corporation (NERAMAC) under Ministry of Do NER, Government of India had undertaken Geographical Indication (GI) certification of 13 products of the North-eastern region.
Read Here
Delhi High Court protects personality rights of Jackie Shroff; restrains misuse of name, images, voice
The suit, filed against multiple entities, alleges unauthorized use of Shroff’s name, photographs, voice, and the word “Bhidu” without his consent. The term “Bhidu” is particularly significant as it is a registered trademark associated with Shroff. This case emphasized the significance of personality rights, highlighting the misuse of Shroff’s images and voice on merchandise such as T-shirts, posters, mugs, and even in memes and videos. Personality and Publicity Rights refer to the rights of an individual to control the commercial use of their identity.
Read Here
DHC’s IPD Annual Report a Positive Step for Transparency
To mark the occasion of World IP Day, Delhi High Court’s IPD released its annual report 2022-23 on April 24, 2022. Among other things like comments from who’s who of the IP world and summaries of landmark orders, the report also had a dedicated chapter on the performance of the IPD in the past 1 year.
Read Here
Delhi High Court orders blocking of websites illegally streaming Undekhi’s web series
Undekhi’s producers had approached the High Court stating that as soon as the show was released on Sony Liv, it was leaked on rogue websites, thus infringing upon their IP rights.
Read Here
CGPDTM to Continue Daily Open House Sessions to address Grievances/Suggestions on IPR Issues
The sessions will be held on a daily basis from 4.30 PM to 5.30 PM via Webex. These Open House sessions will address various IPR grievances and suggestions, and if you are an IP practitioner, applicant or stakeholder, this is an excellent opportunity to interact directly with the IPO for any grievances or suggestions you may have.
Read Here
Agreement on Royalty Sharing Signed between ISRA and Music Labels
Recently, ISRA entered into a royalty-sharing agreement with Indian music labels. This comes only a few days after the Bombay High Court’s order recognizing the royalty rights of lyrics and musical composers. It highlighted the general lack of clarity over the terms of the agreement and its limitations in fully resolving the issue of royalties for singers.
Read Here
India to seek pharma IPR waiver for future pandemics
India is likely to push for a global patent waiver for vaccines, therapeutics, and diagnostics to combat future pandemics at the mini-ministerial meeting of the World Trade Organization (WTO) in Paris next month, after securing a five-year waiver for Covid-19 vaccines in 2022.
Read Here
Mumbai High Court grants ex parte injunction against US company Cognizant in logo dispute
The Mumbai High Court has recently passed an ex parte injunction in a commercial suit pertaining to IP rights (Atyati Technologies Private Limited v Cognizant Technology Solutions). The plaintiff, Atyati Technologies Private Limited, filed the action against the defendant, Cognizant Technology Solutions, alleging infringement of its trademark and copyright, as well as passing off. Atyati sought to restrain Cognizant from using any mark identical or deceptively similar to the registered mark. Atyati argued that Cognizant’s application for registration in Classes 35 and 42 evidenced its intention to free-ride on the goodwill and reputation of the ATYATI mark. The court found that Atyati had made a prima facie case in its favour.
Read Here
Cricketer Yuvraj Singh Invokes Arbitration Against Developer Over Personality Rights Violation, Possession of Apartment
In the notice concerning his privacy violation, Singh has said that the developer has misused his brand value and contravened the terms of the Memorandum of Understanding entered between the parties on November 24, 2020. As per the MoU, Singh was to promote and endorse the project in question. The MoU expired on November 23 last year. Singh is aggrieved by the alleged continued commercial use of the services provided by him, including the use of his photographs on billboards, project site, social media posts, articles etc. despite expiry of the MoU.
Read Here
NEWSLETTER GLOBAL –AUGUST
India Monthly News Roundup – June & July, 2024
Monthly Roundup | Japan-USA-India | KAFOCUS
Monthly Roundup – India | May 2024
Monthly Roundup - India | May 2024
Case: Microsoft Technology Licensing LLC v. The Assistant Controller of Patents and Design on 15 May, 2023 (Delhi High Court)
The Delhi High Court set aside the impugned order rejecting the patent on an invention titled “Methods and Systems for authentication of a user for sub-locations of a network location” and held that the rejection stems from an oversight of the technical effect and contribution of the claimed invention. The court held that the invention offers a novel and inventive technical solution to a security problem and not only provides a two-tier authentication process but also improves the user experience.
Read Here
India is planning to simplify patent laws to spur R&D: Official
The Centre on Tuesday said it was mulling over making the Indian Patent Act, 1970 more simplified and research-friendly for product-oriented results. Addressing the CII Global Science, Research and Innovation Summit, Akhilesh Gupta, senior adviser at the Department of Science and Technology, said while India grants an average of 23,000 patents per annum, it lacks the culture of patents filing.
Read Here
Pricing regulator sets mechanism to fix prices of off-patent drugs
The Department of Pharmaceuticals (DoP) has arrived at a formula to fix the prices of drugs that go off patent. The retail price of a drug that contains any molecule, component or ingredient that has been patented under the Patents Act (1970) shall be revised upon expiry of the patent to 50 per cent of the current ceiling price. After one year, the ceiling price will be revised again based on market data.
Read Here
The CRISPR Battle Through the Lens of International Patent Harmonization
On Tuesday, May 7, the U.S. Court of Appeals for the Federal Circuit will hear argument in a long-awaited appeal addressing the inventorship of the Nobel Prize-winning CRISPR technology. The case is the latest in a continuing legal battle between two groups of innovators, each asserting patent rights to key aspects of the ground-breaking technology.
Read Here
WIPO Report Highlights Importance of Patenting to Improve Tech Capabilities
On May 2, the World Intellectual Property Organization (WIPO) issued its most recent biennial report, entitled “Making Innovation Policy Work for Development,” which analyses patent filing, scientific publications and economic data across the globe over the last two decades to identify innovation policies effective at diversifying national economies. While WIPO’s report underscores the highly concentrated nature of the global innovation economy, it also highlights several countries that have seen significant improvements in their own technological diversification during the study period.
Read Here
Federal Circuit Highlights Differences in Statutory and Article III Standing in Patent Cases
On May 1, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision in Intellectual Tech LLC v. Zebra Technologies Corp. reversing a Western District of Texas ruling that dismissed patent infringement claims for lack of constitutional standing. In so doing, the Federal Circuit found that Article III standing was not extinguished by the plaintiff’s default on a patent security agreement that granted a secured third party the right to assign the patents at issue in the appeal.
Read Here
Delhi High Court Rules in Favour of Karim’s in Trademark Lawsuit Against Karin’s
Case name- KARIM HOTELS PVT LTD & ANR v. NIZAMUDDIN & ANR
The issue was related to back in 2010 when Karim’s came to know that Nizamuddin was using “KARIN’S” mark along with “KARIM’S” and “SECRET OF GOOD MOOD TASTE OF KARIM’S FOOD” marks for a restaurant situated at the lease premises. Justice Sanjeev Narula decreed the suit in favour of Karim Hotels Private Limited and Karim’s Mughlai Foods, which was accorded a license by the former authorising it to use “KARIM’S” trademark for commercial exploitation in relation to restaurant services.
Read Here
Delhi High Court Refuses Interim Relief To ‘Forest Essentials’ In Trademark Infringement Suit Against ‘Baby Forest’
The Delhi High Court has dismissed the interim injunction plea filed by skincare and cosmetics brand Forest Essentials seeking to restrain another brand from using the marks “Baby Forest” and “Baby Forest- Soham of Ayurveda” while selling baby care products. It is observed that the word ‘Forest’ in itself is generic and Forest Essentials cannot claim dominance over the said part of their trademark, having not sought registration under Section 17 (2) of the Trademark Act.
Read Here
Trade Marks Registrar Must Pass Speaking Order with Reasons While Adjudicating on Application for Registration of Trade Mark Assignment
Electronica India Ltd. v. Electronica Hitech Machines Pvt Ltd. & Anr.
It highlighted the necessity for the Trade Marks Registry to adhere to principles of natural justice by providing a proper hearing and issuing a speaking order. The court found that the Registrar’s handling of the case did not meet the requirements of Section 45 and Rule 77 of the Trade Marks Rules, which mandate a thorough verification process and proper documentation.
Read Here
Abu Dhabi Global Market v. The Registrar of Trademarks, Delhi on 18 May, 2023 (Delhi High Court)
The Delhi High Court set aside the impugned order rejecting the trademark application on the grounds that the subject application was not coined nor invented and used a geographical name. The court held that distinctiveness is a prerequisite for registration of a mark but inventiveness is not, as per Sections 9 and 11. The court further held that the subject mark was distinctive since the appellant’s logo is registered already. With regard to the use of geographical location, the court assessed the mark overall and held that “Abu Dhabi” is only a part of the composite mark and set aside the impugned order.
Read Here
‘Blenders Pride’ Vs ‘Royal Challenger American Pride’: Punjab & Haryana High Court Dismisses Pernod Ricard’s Appeal for Interim Relief
Holding “similarity of one word cannot be taken as infringement or passing off” Punjab and Haryana High Court dismisses Pernod Ricard’s request for an injunction against United Spirits’ use of “Royal Challenger American Pride.”
Read Here
Delhi High Court Rules in Favour of Bhakti Vedanta Book Trust in ISKCON Copyright Infringement Case
Bhaktivedanta Book Trust India V. Www.Friendwithbooks.Co 2024 Live Law (Del) 473
The Trust filed a lawsuit seeking a permanent injunction to prevent the website from infringing its copyright under Section 14(a) of the Copyright Act, 1957. The Trust argued that copyright is established through the creator’s effort and therefore legally recognized under Section 17 of the Copyright Act. The court stated that once a person holds a legally recognized right, it can only be extinguished through a legal process. The right would only cease if the holder transfers or relinquishes it through a legally recognized procedure.
Read Here
Delhi High Court Grants Dynamic+ Injunction to Protect Copyrighted Works of Netflix, Universal City Studios in Suit Against Rogue Websites
“To keep up with the hydra-headed nature of the infringement actions of such infringing domains/websites, this Court finds it fit to grant a ‘Dynamic+ injunction’ to protect copyrighted works as soon as they are created, to ensure that no irreparable loss is caused to the owners of copyrighted works, as there is an imminent possibility of works being uploaded on infringing websites or their newer versions immediately thereafter,” the court said.
Read Here
First in country: Facilitation Centre for protecting traditional art forms through GI tagging
The state government is planning to start a facilitation centre in Bhopal to offer guidance to folk and tribal artists, artisans about the process of obtaining Geographical Indication (GI) tag, which is used to protect and conserve their art forms. A national workshop will be organised soon to decide the contours of the project. Legal, marketing and Intellectual Property Rights experts, representatives of Union industries ministry, NABARD, TRIFED and state government departments will be invited.
Read Here
NERAMAC’s initiative to authorize 800 North East region farmers to use GI tagging of its processed certifications
Agricultural Marketing Corporation (NERAMAC) under Ministry of Do NER, Government of India had undertaken Geographical Indication (GI) certification of 13 products of the North-eastern region.
Read Here
Delhi High Court protects personality rights of Jackie Shroff; restrains misuse of name, images, voice
The suit, filed against multiple entities, alleges unauthorized use of Shroff’s name, photographs, voice, and the word “Bhidu” without his consent. The term “Bhidu” is particularly significant as it is a registered trademark associated with Shroff. This case emphasized the significance of personality rights, highlighting the misuse of Shroff’s images and voice on merchandise such as T-shirts, posters, mugs, and even in memes and videos. Personality and Publicity Rights refer to the rights of an individual to control the commercial use of their identity.
Read Here
DHC’s IPD Annual Report a Positive Step for Transparency
To mark the occasion of World IP Day, Delhi High Court’s IPD released its annual report 2022-23 on April 24, 2022. Among other things like comments from who’s who of the IP world and summaries of landmark orders, the report also had a dedicated chapter on the performance of the IPD in the past 1 year.
Read Here
Delhi High Court orders blocking of websites illegally streaming Undekhi’s web series
Undekhi’s producers had approached the High Court stating that as soon as the show was released on Sony Liv, it was leaked on rogue websites, thus infringing upon their IP rights.
Read Here
CGPDTM to Continue Daily Open House Sessions to address Grievances/Suggestions on IPR Issues
The sessions will be held on a daily basis from 4.30 PM to 5.30 PM via Webex. These Open House sessions will address various IPR grievances and suggestions, and if you are an IP practitioner, applicant or stakeholder, this is an excellent opportunity to interact directly with the IPO for any grievances or suggestions you may have.
Read Here
Agreement on Royalty Sharing Signed between ISRA and Music Labels
Recently, ISRA entered into a royalty-sharing agreement with Indian music labels. This comes only a few days after the Bombay High Court’s order recognizing the royalty rights of lyrics and musical composers. It highlighted the general lack of clarity over the terms of the agreement and its limitations in fully resolving the issue of royalties for singers.
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India to seek pharma IPR waiver for future pandemics
India is likely to push for a global patent waiver for vaccines, therapeutics, and diagnostics to combat future pandemics at the mini-ministerial meeting of the World Trade Organization (WTO) in Paris next month, after securing a five-year waiver for Covid-19 vaccines in 2022.
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Mumbai High Court grants ex parte injunction against US company Cognizant in logo dispute
The Mumbai High Court has recently passed an ex parte injunction in a commercial suit pertaining to IP rights (Atyati Technologies Private Limited v Cognizant Technology Solutions). The plaintiff, Atyati Technologies Private Limited, filed the action against the defendant, Cognizant Technology Solutions, alleging infringement of its trademark and copyright, as well as passing off. Atyati sought to restrain Cognizant from using any mark identical or deceptively similar to the registered mark. Atyati argued that Cognizant’s application for registration in Classes 35 and 42 evidenced its intention to free-ride on the goodwill and reputation of the ATYATI mark. The court found that Atyati had made a prima facie case in its favour.
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Cricketer Yuvraj Singh Invokes Arbitration Against Developer Over Personality Rights Violation, Possession of Apartment
In the notice concerning his privacy violation, Singh has said that the developer has misused his brand value and contravened the terms of the Memorandum of Understanding entered between the parties on November 24, 2020. As per the MoU, Singh was to promote and endorse the project in question. The MoU expired on November 23 last year. Singh is aggrieved by the alleged continued commercial use of the services provided by him, including the use of his photographs on billboards, project site, social media posts, articles etc. despite expiry of the MoU.
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