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Publicity Rights in India (Part I)

This post was first published on February 28th, 2012. The right of publicity refers to the right to prevent unauthorized commercial use of a person's persona. A person's persona includes his name, photograph, signature, voice or any other identity.   Publicity rights vest only in a celebrity or public figure. In other words, a person must be recognized by the public in order to possess the right of publicity.  The public must identify or associate an identity to a person.…
February 23, 2019 Intellectual Property, Media and Entertainment Law, Publicity Rights/ Celebrity Rights 0Comment 1024Views 0Like
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Gully Boy Leaked, FFI Wants Piracy Court, Kanye West Sued, REM Gets Trump Tweet Removed, and more

AICWA Bans Pakistani Actors and Artists, Gully Boy Leaked Online Soon After Release, Film Federation Demands Special Court to Control Piracy, Family Sues Kanye West for Copyright Infringement, Twitter Removes Trump Tweet After Copyright Complaint from R.E.M., SCOTUS Declines to Hear ‘Empire’ Lawsuit, YouTube Changes Three-Strike Policy to Tackle Frivolous Claims, British Columbia Man Claims Ownership over People’s Party of Canada Name, McCafé to Sponsor Two SAFTA Categories, Songtradr Acquires Big Sync Music, Mattel Secures Three-Year Licensing Deal for Despicable Me, and more. Copyright Quote “Of all the creative work produced…
February 22, 2019 Copyrights, Intellectual Property, Media and Entertainment Law, Publicity Rights/ Celebrity Rights, Social Media Law 0Comment 638Views 0Like
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Weekly Trademark News - BananaIP Counsels

Monte Carlo and Skoda Reach Trademark Settlement, Ironman Product Licensing in India, Kashmir Saffron GI, Kardarshian Trademarks and Other News

  Indian Trademark Statistics for February (Third Week), Trademark Settlement between Breweries, Walmart and Its Happy Face, Keeping Up with Kardashian’s Trademark, Kashmir Saffron Filed for GI and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels. TRADEMARK QUOTE OF THE WEEK “A brand is a voice and a product is a souvenir.” – Lisa Gansky INTERESTING BRAND NEWS Walmart’s Happy Face Though the smiley face has been around since the 1970s, this didn’t stop the world’s largest retail major…
February 20, 2019 Intellectual Property, Trademarks 0Comment 640Views 0Like
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The featured image reads Weekly News Updates: Patent News. The logo of intellepedia also forms part of the featured image. To read more click here.

Patent statistics, Interesting Inventions, US GIPC’s 7th International IP Index, IPA seeks removal of India from US Priority Watch List and other Weekly Patent News updates

“Patent statistics, Interesting Inventions, US GIPC’s 7th International IP Index, IPA seeks removal of India from US Priority Watch List and other Weekly Patent News updates” presented by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm. Quote of the Week “I truly put passion and soul into the design to make it feel like a living thing.” – Ikuo Maeda, Design Chief at Mazda Indian Patent Statistics A total of 681 patent applications have been…
February 18, 2019 Industrial Designs, Intellectual Property, Patents 0Comment 619Views 0Like
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Medical Imaging- A Patent Insight

This post was first published on February 21st, 2012. Medical Imaging is in full flow and offers several advantages for clinicians to diagnose the patient’s health thoroughly.  Medical imaging is the technique and the process to create images of the human body or parts for clinical purposes and is often perceived to designate the set of techniques that noninvasively produce images of internal aspects of the body. The imaging technologies involved in medical imaging are Radiography, Magnetic resonance imaging (MRI),…
February 17, 2019 Intellectual Property, Patents 0Comment 755Views 0Like
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The image depicts the text 'Trade Secret' on a piece of paper. The post is about a trade secret misappropriation case. to read more click here.

Trade Secret Violation – A Hypothetical Indian Case Scenario

This post was last published on January 23rd, 2012. India has emerged as one of the important markets for information technology services and services involving business processes. With the constant development of industries in India, the growth of intellectual property has been exponential and so with it, the increasing need for providing better enforcement techniques to protect IP. India already has various statutes for the protection of patents, trademarks, copyrights, designs etc. But existing and rising industries/businesses are generating a lot…
February 17, 2019 Intellectual Property, Trade Secrets 0Comment 1517Views 0Like
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The featured image is of TM which is the abbreviation for Trademark. the post is aboutthe new trademark rules, 2017. To read more click here.

‘Acquired Distinctiveness’ of Infosys Trademark

This post was first published on 18th November, 2011. Infosys Technologies Ltd vs Adinath Infosys Pvt. Ltd & Ors, High Court of Delhi  Facts: The plaintiff-company Infosys Technologies Private Limited is engaged in the business of providing IT services, solutions, consulting and business process management. INFOSYS is the registered trademark/service mark of the plaintiff-company in various Classes including Class 16 in respect of computer software. The Plaintiffs have strongly contended that owing to their excellent services offered by…
February 17, 2019 Intellectual Property, Trademarks 0Comment 939Views 0Like
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This image depicts the picture of a Zippo fridge with the mark in its unique stylisation with a flame forming the dot on the 'i'. This post talks about how the company got a restraining order against brands that were passing off their products under the zippo mark. Click on the image to read the full post.

Zippo Manufacturing Company v. Anil Moolchandani & Ors. , High Court of Delhi

This post was first published on 15th November, 2011. Zippo Manufacturing Company v. Anil Moolchandani & Ors. , High Court of Delhi Pronounced on 31st October, 2011 Facts In February 2006 the plaintiff came across the defendant selling counterfeit lighters with the Zippo mark in the same shape and it was a verbatim imitation of the original Zippo lighters. Zippo, a company based out of USA claims to be a world leader in the manufacture and distribution of lighters…
February 17, 2019 Intellectual Property, Trademarks 0Comment 1440Views 0Like
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Who Owns the Castle?

This post was first published on November 6th, 2011. South African Breweries International and Another v. Mohan Goldwater Breweries Ltd and Another (High Court of Delhi)   FACTS Plaintiff No. 1 is a company registered in Netherlands and Plaintiff No. 2 is a joint venture company registered in India. Plaintiff No. 1 has registered CASTLE and CASTLE label in respect of beer in many countries and claims sale of USD 1 billion. The Plaintiffs contend that their mark is a well-known mark in India…
February 17, 2019 Intellectual Property, Trademarks 0Comment 643Views 0Like
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Audit for IP Systems to Derive Business Value

The post was first published on November 5th, 2011. The value of IP for businesses is today an accepted fact. As I had mentioned in my earlier posts, companies are today grappling with establishing systems and mechanisms to derive value from IP rather than questioning its value as earlier. One important step in the process is uncovering IP in the company and categorizing its value for the business. I have elaborated on the role of IP Audit for identifying IP…
February 16, 2019 Intellectual Property, IP Audits 0Comment 656Views 0Like
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