Celebrating 20 Years of IP Excellence

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

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

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…

Read more

The image depicts the purple Yahoo logo

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

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…

Read more

Copyrights and Entertainment Law News

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

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,…

Read more

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

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

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…

Read more

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

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

  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…

Read more

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

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

  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…

Read more

Weekly TM News Updates

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…

Read more

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.

The Importance of Intellectual Property for Entrepreneurs – A Short Talk With Dr. Sudhir Borgonha

  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…

Read more

Trademark Registration in India

Trademark Registration in India

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. Read more Continue Reading Trademark Registration in India

Read more

The image depicts the GPL logo. The post discusses a GNU Lesser General Public License. Click here to read the post.

GNU Lesser General Public License Version 3

First Publication Date: 25th March 2008 Introduction The Lesser General Public License("LGPL") is a license used by the Free Software Foundation for software libraries. The license governs all open source software libraries of Free Software Foundation and many others who choose to use it. LGPL defines terms and conditions for copying, modification and distribution of software libraries. Version 3 of LGPL incorporates all provisions of the General Public License ("GPL") and lays down certain additional permissions for software libraries. Rights A software library governed…

Read more