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Intellepedia – IP News Center

Weekly Trademark News: India Today Defeats its Domain Infringer, National IP Award 2019, Avengers: End Game Merchandize Collection, Mau Saree Filed for GI and Other News

Weekly Trademark News - BananaIP Counsels

Indian Trademark Statistics for April (Fourth Week), ‘SOTY2 x Koovs’ Collection, Nike Files New Trademark, and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels. TRADEMARK QUOTE OF THE WEEK "A brand is something that has a clear cut identity among consumers, which a company creates by sending out a clear, consistent message over a period of years until it achieves a critical mass of marketing" – Phil Knight INDIAN TRADEMARK STATISTICS In the last week, the Indian Trademark Office has had a mixed week. The total number of applications disposed through show cause hearing has increased by ninety six percent...

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Weekly Patent Update: India on USTR Watch List, Delhi High Court Allows Export of Patented Drugs for Research, Pepsi Offers to Settle with Potato Farmers, and more

“Indian Patent Statistics, Interesting Inventions, USTR puts India and ten other countries in its “Priority Watch List”, Delhi High Court allows export of two cancer drugs patented by Bayer, PepsiCo offers settlement to farmers over potato dispute, Department of Justice, USA launches review into a Government patent used to treat HIV, Director General, Francis Gurry’s leaves a message on World IP Day 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 basically rights to try and develop a commercial product.”– Craig Venter, American biotechnologist and businessman. INDIAN PATENT...

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Protecting Celebrity Rights Through Trademark & Copyright Laws

The happiness of fans of English football club ,Manchester United knew no bounds when Jose Mourinho, the famous Portuguese football coach was selected as their manager for the next three seasons.  However the official announcement regarding the same took some time . The reason for such delay is quite interesting. The trademark of JOSE MOURINHO in around seven categories (as per NICE classification) was held by Chelsea Football Club. Mourinho was the manager of Chelsea in two brief stints i.e from 2004 to 2007 and 2013 to 2015. In the first stint, his rise in the popularity graph was steep...

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Making a Mark – Framing Strategy for India

This image depicts the trademark symbol, which consists of the letters T and M in a circle. This post gives important updates in the filed of trademarks. Click on the image to read the full post.

This post was first published on January 20th, 2011. A trademark provides business and competitive advantage through consumer recognition and association of good will. Business advantage can be maximized if fame can be associated with the trademark. A famous trademark allows a company to prevent unauthorized use of the trademark for both related and unrelated businesses. In India, use of a famous trademark for unrelated goods or services is considered infringement. A famous trademark is said to be infringed if a person (a) uses an identical or similar trademark; (b) for unrelated goods or services; and (c) takes unfair advantage or causes...

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Super Cassettes Industries v. Myspace Inc and Anr.

This Image depicts the logo of 'My Space.com'. This Image is relevant as the article deals with the legal dispute between Super cassettes Industry vs. My space Inc. Click on this Image for more Information.

This post was first published on August 6th, 2011. Brief Facts: The Plaintiff - Super Cassettes Industries, is involved in the business of music distribution and film producing. The plaintiff claims to be the owner of several sound recordings, cinematograph films, songs, etc, they also claim to possess 20,000 non-film Hindi songs and 50,000 songs in various regional languages. It is largely dependent on the exploitation of its copyright, as this exploitation benefits the plaintiff monetarily enabling it to carry on its various business activities. The plaintiff claims that exploitation of its copyright is done by granting public performance licenses by it,...

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KYUNKI SAAS BHI KABHI BAHU THI Vs. TIDE- Rights in a Cinematographic Work

This post was first published on October 4th, 2011. Star India Private Limited v. Leo Burnett (India) Private Limited Facts: Star India Pvt. Ltd. (plaintiff) is doing the business of acquiring copyrights in cinematograph films, television serials, programs, and also producing and commissioning the production of television programmes for various television channels. These programs enjoy tremendous popularity amongst viewers in India and abroad. Star India Pvt. Ltd. also had acquired the copyright of famous T.V. serial produced by Balaji Telefilms Pvt. Ltd., named, “KUNKI SAAS BHI KABHI BAHU THI” to create, compose and produce 262 episodes of it and became exclusive owners of...

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India and Right of Publicity

This post was first published on November 13th, 2011.   “Right of Publicity” is a common reference to "Personality rights". It is a right of an individual to control the commercial use of his or her name, image, likeness or identity. It is generally considered a property right as opposed to a personal right. In most of the countries, the Right of Publicity is recognized under statutes. According to John Lock, “the economic value of identity should be allocated to the celebrity individual because the value is primarily the result of the celebrity’s labor”. The unjust enrichment consideration theory treats misappropriation of identity...

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‘Gene Sequences’ Not Copyright Worthy!

Emergent Genetics v. Shailendra Shivam The Delhi High Court in the case of Emergent Genetics v. Shailendra Shivam looked into questions surrounding the protection of DNA sequences as copyright and confidential information. In this case, the Plaintiff had alleged that the Defendants had infringed their copyright over hybrid seeds developed by them. The Plaintiff had contended that DNA sequences were analogous to computer programs and could hence be afforded copyright protection. Also, it was their contention that the documentation surrounding DNA sequences could be protected as confidential information. The Defendants, on the other hand, alleged that the Copyright Act was inapplicable...

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Happy Feet – Useful Invention

This post was first published on December 23rd, 2011. A 64-year-old Richland woman named Guadalupe Olvera recently received a U.S. patent for her idea on foot-and-toes dryer device that will help those with diabetes and other patients. Guadalupe Olvera said that she was able to obtain the patent because of help and encouragement from teachers at Pasco’s Columbia Basin College, close friends and her faith in God. The patent involved here is United States Patent No. 8065814, titled “Foot drying device”, issued by USPTO on 29th November 2011. The invention relates to an improved drying device for human feet, and more particularly...

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Online Piracy: A Convenient Crime

The image has a "STOP" written in it to depict anti-piracy intentions. The post is about a US District Court decision which stopped a popular download website that was infringing copyright. Click on image to view post.

This post was first published on March 8th, 2012. Recently a US District Court ordered shut down of the popular file-sharing site www.megaupload.com after the US government accused the site of pocketing more than $175 million by sharing pirated films, books, music and software files. Kim Dotcom, the founder of the site was arrested in New Zealand and his Auckland mansion with a fleet of luxury cars was put on display. The US Government has alleged that the estimated loss to copyright owners and publishers accounts for more than $500 million. It is a startling fact that a single website could generate...

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