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Intellepedia – IP News Center

Autodesk, Inc. & Another v. Mr. Prashant Deshmukh & Others

This post was first published on June 25, 2011. Facts:  Autodesk Inc. is a well known U.S. based design software and digital content company which provides design software to professionals and has a large market in India as well. It is also the owner of various Trademarks in India including AUTODESK and AutoCAD.  Microsoft Corporation is the owner of various well known computer software like Microsoft Office and Microsoft Windows, having a subsidiary company in India. In May, 2003, Microsoft received information from Mr. Devesh Tiwari, a Service Engineer for computers of M & S Consultancy Services, about large scale use of...

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Intermediaries, Marketplaces and Take Down Actions

Intermediaries, Marketplaces and Take Down Actions

My colleague, Ashwini Arun, brought an interesting post on Spicy IP on SareGama's take down notice to my attention. The post talks about take down of one of its articles, and may be read at: https://spicyip.com/2019/02/saregama-pa-rdon-me-you-have-the-wrong-address-on-the-perils-and-pitfalls-of-notice-and-takedown.html. It is unfortunate that SareGama decided to include an article from Spicy IP, renowned for its well-researched articles and contributions to IP discourse, in its Take Down list. I am assuming that the inclusion of the link by SareGama was an inadvertent act of one of its Take Down service providers, who automate most of the process and approach taking down links to infringing...

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SAP Aktiengesellschaft & Anr (Plaintiff) Vs. Sadiq Pasha, Proprietor, M/s Neologik India

This post was first published on June 24, 2011. Brief Facts of the case: The plaintiff,  Sap Aktiengesellschaft (herein after referred to as ‘SAP’) is a company incorporated in Germany, and claims to be the global leader in developing application software products for real time business developing process. SAP developed different versions of an automatic accounting and transaction-processing program that featured standard software and real-time computing known as SAP R/3 in the year 1992. The defendant, Mr. Sadiq Pasha, is the proprietor of M/s. Neologik India and is stated to be engaged in the business of providing training services to its clients...

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Matrubhumi Printing and Publishing Ltd v. IPRS

This post was first published on June 21, 2011. FAO. No. 82 of 2009, Kerala High Court, decided by Justice M.N. Krishnan FACTS The Petitioner no 1, Matrubhumi Printing and Publishing Ltd who operates a licensed Radio Station “Club FM 94.3” in parts of Kerala has a license from the Phonographic Performance Limited (PPL) to broadcast sound recordings. Indian Performing Rights Society (IPRS), the defendant, a society of composers, lyricists etc which grants licenses with respect to musical and literary works threatened to initiate action against Matrubhumi as a license to broadcast was not sought from them. Thereby an interim injunction is...

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Sholay Media and Entertainment Pvt. Ltd. and Anr. v. Vodafone Essar Mobile Services Ltd. and Ors.

This post was first published on June 12, 2011. (Delhi High Court, 09.05.2011) FACTS: Plaintiff No. 1 i.e. Sholay Media and Entertainment Pvt. Ltd. acquired all rights in the film "Sholay" in the year 2000 and was exploiting these rights in various areas such as  ringtones, caller tunes etc.  Certain rights in the film were assigned to Polydor of India by an assignment deed of 1978. The rights assigned to Polydor of India were acquired by Defendant No. 3 i.e. M/s Universal Music India Pvt. Ltd. The Plaintiffs alleged that Vodafone Essar Mobile Services Ltd. and Vodafone Essar Ltd. (Defendants No. 1 &...

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Weekly Trademark News: Solid 21 Inc in Legal Battle, Kamala Harris Trademark, Bonjour Collaborates with Hush Puppies and Other News

Weekly Trademark News - BananaIP Counsels

Indian Trademark Statistics for February (Second Week), Kamala Harris Trademark, 3.85 Crores Awarded to Whatman in Damages, Solid 21 Inc in Legal Battle, Harmal Chilli GI and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels. TRADEMARK QUOTE OF THE WEEK Every interaction in any form, is branding-Seth Godin INDIAN TRADEMARK STATISTICS In the last week, the Indian Trademark Office has had a slow week. The total number of applications published in the trademark journal has decreased by four percent (4 %). Similarly, the total number of renewals notices issued has decreased by nineteen percent (19 %). However, the total hearing...

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Patent Suit over Viagra

This post was first published on June 7, 2011. Pfizer Inc. filed a suit against Watson Laboratories, on June 1, 2011 in the United States District Court for the Southern District of New York seeking to prevent Watson from commercializing sildenafil citrate tablets prior to the expiration of Pfizer’s Viagra. Watson's sildenafil citrate tablets are a generic version of Pfizer Inc.'s Viagra, which is indicated for the treatment of erectile dysfunction (ED). Sildenafil citrate enhances the effect of nitric oxide, which plays a key role in creating erections, by inhibiting a chemical which can restrict its action. Pfizer's lawsuit was filed...

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Trademark Registration: Prima Facie Evidence of Validity?

The image has a word art "TM" standing for trademark. The post is about the question if registration is prima facie validity of trademark. Click on image to view post.

This post was first published on June 3, 2011. In a recent case, the Delhi High Court has categorically ruled that registration of a trademark is not prima facie evidence of its validity and thereby has created a slippery slope for most registrants of descriptive and less distinctive marks. The case related to use of the word mark ‘KRISHNA’ in relation to milk and milk products. The Plaintiff, by virtue of prior usership and prior registration claimed a permanent injunction against the defendant from using the word ‘KRISHNA’. Plaintiff’s case was that by virtue of registration, the plaintiff enjoyed the prima facie...

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Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011

This post was first published on May 25, 2011. This new act, known as the Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property 2011, popularly known as PROTECT IP ACT, 2011, is an act which is going to succeed the previously existing act on internet censorship. The previously existing act is the “Combating Online Infringements and Counterfeits Act”, popularly known as the COICA. The main of this act was to prevent copyright infringement on the internet. However, this bill was never passed by the Congress. The new legislation, PROTECT IP ACT, 2011, is wider in scope than its...

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Extracting IP Value

This post was first published on May 10, 2011.   Intellectual Property (IP) plays a very important role in providing competitive and business advantage to a company. In order to maximize competitive advantage, a company must make the best and most of its intellectual assets. Extracting optimal value from IP does not start or end with protection. During a recent talk at a gathering of about fifty leading Indian companies, ninety percent of them stated that emphasis is always on protection and not much beyond that. The emphasis on protection is good for companies that never thought about IP ten years back...

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