Author: Dr. Kalyan Kankanala

Dr. Kalyan Kankanala is a practicing intellectual property (IP) attorney and author. He is a senior partner at BananaIP Counsels, a well-known IP firm based in Bangalore, India. His writings cover a range of topics relating to IP law, business, and policy, and he has authored several books and articles in the field. He has been contributing to this blog since 2007. The views expressed here are his own and do not represent those of BananaIP Counsels or its members.

Marc Salon’s Design Makes the Cut: Court Grants Injunction

The Delhi High Court has confirmed an interim injunction in favor of Marc Salon in a case against GM Sales involving claims of passing off, copyright infringement, and unfair trade practices. The ruling underscores the protection of Marc Salon’s unique furniture designs and highlights the significance of intellectual property rights in the industry.

Diabetic Product XigaMet Loses to ZitaMet Under Heightened Pharma Trademark Scrutiny

On June 13, 2024, the Bombay High Court granted Glenmark an interim injunction against Gleck Pharma in a trademark dispute over “ZITA-MET” and “XIGAMET”. The court found that the similarities between the trademarks could confuse consumers, leading to potential health risks, and applied strict standards to prevent such confusion.

Authors, Copyright and Royalty Share : The Calcutta High Court gives clarity

The Calcutta High Court’s landmark decision in Vodafone v. Saregama clarifies the royalty rights of authors of literary and musical works. The ruling states that authors are entitled to royalties regardless of when their works were created or the nature of copyright ownership transfers.

Kannada Lyricist Hamsalekha Wins Copyright Case Against Saavn

The Karnataka High Court ruled in favour of lyricist Hamsalekha in a copyright dispute against Saavn. Saavn argued that Hamsalekha doesn’t have the right to sue because he assigned his rights to IPRS, a copyright society. The Court disagreed as Hamsalekha retained the right to claim authorship and seek proper attribution even if IPRS licensed his works.

Ad Agency sues Jindal Steels for Copyright Infringement

An advertising agency, Wieden+Kennedy, sued Jindal Steel for copyright infringement. Wieden+Kennedy claims Jindal Steel’s commercial copied their work product, despite not paying for the full project. The court found some similarities but didn’t rule on infringement. Since the contract included arbitration clause, the court directed the parties to settle through arbitration and asked Jindal Steel to deposit a security sum to prevent the commercial’s broadcast.

Exacting Standards for Pharma Trademarks and their Dominant Parts

In this infringement and passing off case filed by Sun Pharma against Glenmark, the Court was asked to determine if the trademark “INDAMET” infringes upon the trademark “ISTAMET XR CP”. Sun Pharma’s “ISTAMET XR CP” was registered in 2014 by its predecessor in title, and Glenmark’s trademark, INDAMET, was registered in 2021.

SEP, Infringment and principles relating to actual costs – Ericsson v. Lava – Part 5

In this case, the Court has crystallized and reiterated several patent principles relating to patentability under Section 3(k), novelty, inventive step, infringement of Standard Essential Patents (SEPs), Exhaustion, FRAND royalty determination, and so on. Along with other principles, the Court has also outlined the principles for grant of actual costs.

Exploring Patent Hold Up, Royalty Stacking, and Hold Out – Ericsson v. Lava – Part 3

Several aspects of Fair, Reasonable, and Non-Discriminatory (FRAND) Licensing were discussed in the Ericsson Vs. Lava Case, and in this post, we will discuss three of those: Royalty Stacking, Hold Up, and Hold Out.

Court orders Meesho to display Seller Information and comply with Ecommerce Rules

The Delhi High Court recently ordered Meesho, a popular e-commerce platform, to display full seller information and comply with E-Commerce rules. This decision comes after a copyright infringement case filed by a clothing brand, Abhi Traders, against Meesho and several unknown sellers who were using Abhi Traders’ copyrighted designs and images without permission. The Court highlighted the importance of e-commerce platforms taking responsibility to prevent copyright infringement and ensuring transparency by displaying seller information.

Reversal of unreasoned and invalid Patent refusals based on Section 3(d), Novelty, and Inventive Step

Exploring recent High Court judgments overturning patent application refusals, highlighting the importance of detailed reasoning and thorough consideration in patent office decisions.