20 March 2019

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Weekly Trademark News: Samsung Trademark Infringement, Scotch Whisky Association Loses Trademark Battle, Sirsi Supari GI and Other News

Indian Trademark Statistics for March (Third Week), Scotch Whisky Association Loses Trademark Battle, The Voice of Wrestling Trademark, Miniso Not Mini Any more and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels. TRADEMARK QUOTE OF THE WEEK “The investment you make into a brand makes its name worth it" - Bernard Kelvin Clive INDIAN TRADEMARK STATISTICS In the last week, the Indian Trademark Office has had a mixed week. The total number of registrations granted as well as renewals notices issued has increased by thirty nine percent (39 %). Similarly, the total number of applications examined has increased by twenty...

18 March 2019

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My Fair Writer – Fair Use Principles for Writers: Copyrights and Writers Part 12

Posted by BananaIP Reporter

in Copyrights, Intellectual Property

As discussed in the previous post, the unauthorised exercise of any exclusive rights in a copyrighted work amounts to copyright infringement. However, copyright law provides certain exceptions to this rule, which are known as ‘fair use’ exceptions. Although the Copyright Act provides for a number of exceptions, this post discusses only the few exceptions which are relevant for writers. Fair Dealing Works belonging to another person may be copied for various purposes like research, criticism, reporting of current events. However, in each of these situations, the law requires that the writer use the work in a manner that amounts to ‘fair dealing’....

15 March 2019

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Weekly Copyright News: T-Series Gets Infringement Notice, ‘#MeToo’ Filmmaker Challenges CBFC, GTA V Infringer Settles, and more

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, IP Commercialization/Licensing, Media and Entertainment Law, Publicity Rights, Publicity Rights/ Celebrity Rights, Social Media Law, Sports Law

Filmmaker Sends Notice to T-Series for Khandaani Shafakhana; '#MeToo' Filmmaker Challenges CBFC Order to Change Movie Name; MEITy Clarifies TOI Headline Threatening Twitter; GTA V Copyright Infringer Agrees to Settlement; Marc Jacobs Requests Dismissal of Nirvana’s Smiley Face Logo Lawsuit; VidAngel Liable for Wilful Copyright Infringement; Artists Temporarily Drop ‘Fortnite’ Charges after SCOTUS Ruling; Netflix Dives into Anime Craze with Numerous Japanese Studio Partnerships; Citizen Watches Collaborates with Captain Marvel, Sponsors World Premiere; Disney And Accenture Create Unique ‘Dumbo’ Posters; Dailymotion Collaborates with NBA G League to Provide Premium Sports Content, Copyright Tip of the Week, and more. Copyright Quote Of all...

13 March 2019

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Weekly Trademark News: Alibaba Settles Trademark Dispute with Alibabacoin, 7-Eleven Stores Soon in India!, NBA Fanwear Apparel and Other News

Posted by BananaIP Trademark Attorneys

in Intellectual Property, Trademarks

Weekly Trademark News - BananaIP Counsels

Indian Trademark Statistics for March (Second Week), Trademark Battle over a Whiskey Brand, NBA Fanwear Apparel in India, Harley Davidson and its Bizarre Trademarks, Erode Turmeric GI and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels. TRADEMARK QUOTE OF THE WEEK “Value of a Trade Mark is directly proportional to your Aggression and Risk Ratio.” – Dr. Kalyan C. Kankanala INDIAN TRADEMARK STATISTICS In the last week, the Indian Trademark Office has picked up its pace in the past week. The total number of applications examined has increased by thirty eight percent (38 %). Similarly, the total number of registrations...

11 March 2019

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Patent Statistics, Interesting Inventions, Bombay HC orders Nuziveedu to pay Monsanto, Delhi HC dismisses suit filed by Crocs Inc and more patent news updates

Posted by BIP Patent Attorneys

in Intellectual Property, Patents

“Patent Statistics, Interesting Inventions, Bombay HC orders Nuziveedu to pay 138 crores to Bayer – Monsanto, Delhi HC dismisses suit filed by Crocs Inc., Pakistan revises IP Fee schedule showing an increase of 50% in costs, DepEd, Manila signs MoA with WIPO to introduce IP in basic education and other news updates” presented by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm. Quote of the Week “Patents are the best and most effective means of controlling competition. They occasionally give absolute command of the market, enabling their owner to name the price without regard to the cost of...

11 March 2019

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Hiding in plain sight: Is Spotify in the ‘business of issuing or granting licenses’?

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, Media and Entertainment Law

Spotify, the Swedish audio streaming service recently launched in India. The service, offering both ad-supported as well as paid premium subscriptions has already acquired one million users in the first week of its launch and by the looks of it will continue to gain users. Besides the seemingly overnight popularity the service has also been in the news for its ongoing legal battle with Warner Music Group. However, that will not be the focus of this post. In this post we will look at Spotify’s content licensing business in the light of Section 33 of the Copyright Act 1957 (as...

08 March 2019

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Weekly Copyright News: Patanjali Forces Removal of Defamatory Videos, Registration Needed for Infringement Suit, Netflix sued for FYRE, and more

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, IP Commercialization/Licensing, Media and Entertainment Law, Publicity Rights, Publicity Rights/ Celebrity Rights, Social Media Law

Delhi High Court Directs YouTube to Take Down Video Defaming Patanjali, Uri Makers Lose Piracy Battle After Recent Surgical Strikes, Spotify India Hits One Million Users in its First Week, Copyright Office Allows Scanned Signatures in Applications, SCOTUS: Copyright Registration a Must to File Infringement Suit, FYRE Festival Attendee Sues Netflix for Copyright Infringement, Warner Bros. Shuts Down ‘The Departed’ Campaign Claiming Copyright Infringement, Fox Loses Huge ‘Bones’ Lawsuit Involving Profit Participation, Coogi Sues Nets, Nike and NBA over Notorious B.I.G Themed Merchandise, Disguise Inc. Signs Multi-Year Licensing Agreement to Create Pokémon Costumes, WB Brings Hello Kitty! to Hollywood, Mötley...

08 March 2019

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Your Story! So What? – Books, Similarity and Copyright Infringement – Copyrights and Writers Part 11

Posted by Dr. Kalyan C. Kankanala

in Copyrights, Intellectual Property

Copyright Infringment, Author rights, Post on Authors and Copyrights

Copyright does not protect ideas except to the extent they are expressed, and a writer will not be liable for copyright infringement if she copies only ideas of another writer. Ideas, facts, historical events, and public domain works are open to all writers, and no writer can claim exclusivity over them under the copyright law. However, a writer is not permitted to copy expressions of another writer, and such copying without authorization gives rise to copyright infringement. Copyright Infringement If an author exercises exclusive rights of another author with respect to his copyrighted book without permission, the first author will be liable...

07 March 2019

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Basics of Industrial Designs

Posted by BIP Patent Attorneys

in Industrial Designs, Intellectual Property

Any good business man would tell you that the success of any product in the market depends a lot on its aesthetics almost as much as its function. A lot of the times it has so happened that a more aesthetically pleasing product has done better in the market, as compared to competing products that have a higher functional value, merely because of its appearance. Therefore, when it comes to consumer products, appearance plays a huge role and has the effect of influencing the buyer’s decision. This means that in an extremely competitive market it becomes increasingly important for a...

06 March 2019

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Weekly Trademark News: Flipkart Wins a Domain Infringement Case, Lacoste Loses a Bite of its Crocodile, Jungle Book Activity Books Coming, Mizo Banana GI, and Other News

Posted by BananaIP Trademark Attorneys

in Intellectual Property, Trademarks

Indian Trademark Statistics for March (First Week), Taylor Swift and her Bizarre Trademarks, McDonald’s Loses to Supermac, Flipkart Fights its Domain Squatter and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels. TRADEMARK QUOTE OF THE WEEK “Representations that do not make sense are the best Trade Marks” – Dr. Kalyan C. Kankanala INDIAN TRADEMARK STATISTICS In the last week, the Indian Trademark Office has had a very slow week. The total number of applications published in the trademark journal has decreased by eighteen percent (18%). Similarly, the total number of registrations granted has decreased by forty Three percent (43%) and...

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