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Intellepedia – IP News Center

State Street Bank & Trust Co. v. Sign. Fin. Group Inc., 149 F.3d 1368 (Fed. Cir. 1998)

The image depicts the State Street Bank in Canary Wharf - London.

First Publication Date: 30th August 2008 Case Facts Signature Financial Group Inc., herein after referred to as Signature was issued the US Patent No. 5, 193, 056, herein after referred to as '056' Patent. in the year 1993. The patent deals with a data processing system called 'Hub and Spoke', which enables the administrator of a mutual fund to combine the advantages of economies of scale in administering investments and the advantages of a partnership. The system does this by enabling a structure that organizes mutual funds in an investment portfolio as a partnership. State Street Bank tried to obtain a License...

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Topliff v. Topliff, 145 U.S. 156 (1892)

The image depicts a patent fight between two groups of people.

First Publication Date: 30th August 2008 Case Facts A mechanical device was patented and a first reissue was filed within four months of the patent on April 9, 1872. The reissue was granted. Then after four years The second reissue was filed a little more than a month after the first was granted. In this reissue the specification was largely refrained, drawings changed in form not in substance and the claim was changed by adding a necessary phrase. Issue Whether a second reissue can be granted if the applicant alters the claim after refraining and changing the drawings? Holding The court held that a reissue can...

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Yahoo! Inc. v. Akash Arora and another, 1999 Arb. L. R. 620

The image depicts the purple Yahoo logo

First Publication Date: 28th August 2008 CASE FACTS Yahoo Incorporation is the owner of the well known trade mark, Yahoo and of the domain name Yahoo.com; both the trademark and the domain name acquired a distinctive name, good will and reputation. Yahoo.com had been registered by Yahoo Inc with Network Solution Inc since 1995 and offers a whole range of web based services. The trade mark Yahoo had been registered or was close to being registered in 69 countries. Yahoo Inc had not registered its domain name in India. Akash Arora started to offer web-based services similar to those offered by Yahoo.com under...

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Weekly Copyright News: Tata Sky Drops Sony, Harassment Clause in Contracts, American Airlines Sues US Copyright Office, BLIZZARD and LEGO Team Up and more

Copyrights and Entertainment Law News

Tata Sky Drops Sony Channels Over Pricing Issues, Emraan Hashmi Adds Sexual Harassment Clause to Contracts, Calcutta High Court Orders Vodafone to Deposit 2.5 Crores in IPRS Copyright Suit, Calcutta High Court Orders Vodafone to Deposit 2.5 Crores in IPRS Copyright Suit, Commerce Ministry Approves Establishment of IPR Chairs in 12 Universities Including NLUs and IITs, Copyright Office Allows Hearing Through Video Conferencing, Facebook News Feed Demotes Sites with Stolen Content, American Airlines Sues US Copyright Office for Refusing Registration, COSBOTS Joins IFFRO for Effective Administration and Management of Reproduction Rights, IFPI Releases Music Consumer Insight Report 2018, BLIZZARD and...

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Inamed Vs Lubomyr Kuzmak, 249 F.3d 1356 (Fed. Cir. 2001)

The featured image show Physicians perform laparoscopic stomach surgery. The post is about Inamed Vs Lubomyr Kuzmak

First Publication Date: 24th July 2008 Case Facts Inamed Corporation was a licensee of Dr. Kuzmak as Dr. Kuzmak had four patents covering   devices and methods for surgical treatment of obesity. The patent in question was directed to a method for performing gastric banding surgery using a calibration tube and electronic sensor apparatus. In 1998, Inamed tried to re negotiate the terms of the license and when the renegotiation failed Inamed terminated the contract on December 6, 1998. Dr Kuzmak sent a letter dated December 21, 1998 to Inamed asserting that Inamed was infringing atleast 3 out of the 4 patents. Inamed...

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Gramophone Company of India Ltd. vs. Birendra Bahadur Pandey and Ors., 1984 AIR 667

The featured image show Supreme Court of India. The post is about Gramophone Company of India Ltd.

First Publication Date: 24th July 2008 CASE FACTS: Gramophone Company of India Limited is the owner of copyright in the recordings of performing artists to whom it pays royalties. The company learnt of the arrival of a consignment of pirated copies of these recordings at Calcutta. The same were being transported from Singapore to Nepal through India. Action was initiated against the consignee for violation of Gramophone India’s copyright. CASE HISTORY: Gramophone India sought action from the Registrar of Copyrights to curb the circulation/import of the pirated recordings. When the Registrar failed to take necessary action, the company filed a writ petition, seeking a...

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Rosaire v. Baroid Sales, 218 F.2d 72 (1955)

The featured image show a pump jack used to mechanically lift liquid out of the well. The post is about Rosaire v. Baroid Sales

First Publication date: 26th July 2008 Issue Does the earlier experiment by Gulf Corp. invalidate the patents of Rosaire as the inventions were known or used? Holding Yes, as the earlier experiments constituted prior knowledge and use according to Sec 102 (a), they invalidated the patents. Rule 102 (a) Facts Rosaire and Horvitz patents relate to the methods of prospecting for oil or other hydrocarbons. The methods claimed involve the steps of taking a number of samples of soil from formations which are not themselves productive of hydrocarbons, either over a horizontal area or a vertical down. Rosaire alleged that Baroid was infringing its patent. Baroid claimed invalidity...

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Weekly Trademark News: Montblanc’s Trademark Battle Against Counterfeiters, Tesla to Teslaquila, Exclusive Harry Potter Collection by ONLY and other news

Indian Trademark Statistics for October (Third Week) 2018, Timex Group to Launch Ted Baker Watches, Dunhill Scores for Fashion, Malawi Joins Madrid Protocol, Seeraga Samba Rice Applied for GI, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels. TRADEMARK QUOTE OF THE WEEK “The purpose of your brand is to represent your purpose"– Michael Kauly INDIAN TRADEMARK STATISTICS In the last week, the Indian Trademark Office have had a slow week. The total number of the applications disposed through show cause hearings has decreased by twelve percent (12%). Similarly, the total applications published in the trademark journal has decreased by thirty-nine...

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The importance of Intellectual Property for Entrepreneurs – A short talk with Dr. Sudhir Borgonha

The image depicts the word startup in the background with a silhouette of a man jumping, as the post is about startups and Intellectual Property for Entrepreneurs.

First Publication Date: 1st May 2008 Dr. Sudhir is a graduate from St. John’s Medical College and Sloan School of Management, MIT. He has been on the founding team of three life sciences companies which include Angstrom Medica, Massachusetts, a nanotechnology based orthopedics application Company; Triesta Sciences, California, a genomics based cancer research organization and ClinTest International, Michigan. He currently serves as a CEO of ClinTest International and also runs Sandbox, a life Sciences Incubator. Q1. What is the value of IP for entrepreneurs in knowledge driven sectors? IP for entrepreneurs is of tremendous value. Knowledge driven sectors are essentially that -...

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Trademark Registration in India

the image depicts a number of registered trademark symbols with the word trademark as the post is about Trademark Registration in India.

First Publication Date: 8th April 2008 Note: The Trademark process outlines in this post has changed owing to changes in law. It may be noted that the post provides details of the trademark registration process as it existed 10 years back, and maybe useful for research/educational purposes. Registration of a trademark is not compulsory. However, registered trademarks have additional benefits when compared to unregistered trademarks. Registration of trademarks allows the Owner of the trademarks to file infringement suits for violation of his rights whereas the unregistered user has to search remedies in common law. What is the procedure for registration? The procedure for registration...

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