13 February 2019

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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...

13 February 2019

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Patent Suit over Viagra

Posted by BananaIP Reporter

in Intellectual Property, Patents

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...

13 February 2019

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Trademark Registration: Prima Facie Evidence of Validity?

Posted by BananaIP Reporter

in Intellectual Property, Trademarks

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...

13 February 2019

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

Posted by BananaIP Reporter

in Intellectual Property, Trademarks

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...

12 February 2019

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Extracting IP Value

Posted by BananaIP Reporter

in Intellectual Property, IP Commercialization/Licensing, IP Valuation

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...

12 February 2019

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Salient Features of the Indian Bayh Dole Act

Posted by BananaIP Reporter

in Intellectual Property

This post was first published on April 26, 2011. To keep up with the global competition it is necessary to promote creativity and harness innovation at the domestic level. Over the years the government has been funding a number of academic and research institutions for the purposes of research and development but most of such funding fail to yield any revenue to the research institution or the government due to lack of interest towards protecting and utilising the resultant intellectual property. This lack of interest is due to a number of reasons such as lack of IP awareness, insufficient incentive mechanism...

11 February 2019

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Patent Risks in Open Source – Lesson’s from Google’s Story

Posted by BananaIP Reporter

in Open Source, Patents

This post was first published on April 25, 2011. Risks inherent in use of open source software from patents have finally seen the light of the day. Patent risks in use of open source software came to be a reality with filing of patent suits by companies like Firestar, Microsoft and so on against open source businesses and users. However, none of the cases went the full distance earlier as they were settled out of court. The story is however different in the case filed by Bedrock Technologies against Google.Bedrock sued Google for patent infringement with respect to use of Linux...

11 February 2019

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Cricket – 3D Optimised Advertising

Posted by BananaIP Reporter

in Patents

This post was first published on April 3, 2011. India is a land of diversity and not many things are common among all Indians. But cricket is surely a factor that binds the whole of India. Cricket is considered a religion in India and is followed with unquestionable reverence. Indians are emotionally attached to cricket and this attachment encouraged advertising companies to use cricket as a platform for promoting their products. And with India winning the biggest spectacle in the cricket world , advertising companies are using the mega-event to the maximum to make substantial impact on audience. We see so many...

11 February 2019

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Kindle eBooks and Amazon Marketplace – The Non-Compliance Continues

Posted by Dr. Kalyan C. Kankanala

in Copyrights, General, Intellectual Property, IP Commercialization/Licensing

Amazon's Kindle eBooks need no introduction. Everyone is aware of them, and since the launch of the Kindle eBook store in India, Amazon claims that its publisher and customer base is growing fast. In 2018, Amazon also launched Audible, its audio book store in India. So far, I have used the term Amazon loosely to refer to several of its entities. For purposes of this post, two entities of Amazon are relevant. One, Amazon Asia Pacific Holdings Private Limited (Amazon APAC" (Registered in Singapore), and Two, Amazon Seller Services Private Limited "Amazon India" (Registered in India). Amazon APAC licenses and...

09 February 2019

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The Wind from the West – Playwright Ananda Rao’s Padamati Gali

Posted by Dr. Kalyan C. Kankanala

in Copyrights, General, Intellectual Property

Note: This is not an IP post, and has only one reference to copyright protection. It comes; It changes; And it goes. It changes lives, lives of farmers, who provide food to the world. For many of us, the wind is nothing more than a phenomenon. But for farmers and their families, it is a life changing event. Seventy two years after independence, farmers in India continue to live uncertain lives. Their struggles are not much different from those before independence. The protests, the marches, the strikes, and the sacrifices prevail, and the fight is still on. Only the adversary has changed. This...

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