In this post we will be analyzing whether a numeral Trade mark can be deceptively similar to another mark consisting of different numerals. This issue has recently been dealt with by the Delhi High Court in the case Mona Aggarwal & Anr vs. Glossy & Paints Pvt. Ltd. & Anr.
The brief facts of this case are that, the Plaintiff i.e. Glossy Colour Paint Pvt. Ltd is said to have adopted and used over the mark "1001" since 1946. The…
Micro, Small and Medium Enterprises contribute enormously to the socio-economic development of the country and this is not a hidden fact. MSMEs play a crucial role in providing large employment opportunities at comparatively lower capital cost than large industries. They also help in industrialization of rural & backward areas, thereby, reducing regional imbalances and assuring more equitable distribution of national income and wealth.
According to the SME chamber of India, the MSME sector consists of 36 million units which…
Not too long ago, the Delhi High Court meted out a very important decision with respect to the status of IPRS as a copyright society. The suit was filed by Mrs Chitra Jagjit Singh (Plaintiff), wife of the late artist Mr Jagjit Singh and a popular artist herself, against IPRS (Defendant 1) for wrongfully issuing licenses with respect to her and her late husband’s copyrighted works.
It was pleaded by the Plaintiff that IPRS was no longer a copyright society,…
On World Intellectual Property Day i.e. 26th April, 2016, the United States Trade Representative (USTR) released the 2016 “Special 301” Report on the global state of intellectual property rights protection and enforcement.
The USTR official press release quotes Michael Froman, the U.S. Trade Representative as having said “Intellectual property is a critical source of economic growth and high-quality jobs for the United States, and it is more important than ever to prevent foreign governments and competitors from ripping off United…
The following presentation was given by Dr. Kalyan C. Kankanala, Managing Partner BananaIP , at the 'Sensitization Seminar on IPR for Electronics and ICT Sectors' organized by Andhra Pradesh Technology Development and Promotion Centre (APTDC) of Confederation of Indian Industry (CII) in association with Department of Electronics & IT (DeitY) in Vizag. The seminar was attended by Entrepreneurs, Managers/Executives and Professionals in various functional areas such as Research and Development, Design, marketing, brand management, directors of organizations, Legal and IP…
The following presentation was given by Dr. Kalyan C. Kankanala, Managing Partner BananaIP , at the 'Sensitization Seminar on IPR for Electronics and ICT Sectors' organized by Andhra Pradesh Technology Development and Promotion Centre (APTDC) of Confederation of Indian Industry (CII) in association with Department of Electronics & IT (DeitY) in Vizag. The seminar was attended by Entrepreneurs, Managers/Executives and Professionals in various functional areas such as Research and Development, Design, marketing, brand management, directors of organizations, Legal and IP…
The Delhi High Court has recently vacated an ex-parte ad-interim injunction in the case of Apple Inc. v. Rohit Singh & Another.Rohit Singh, a software developer and consultant at Vyooh Low Level Computing LLP, initiated an action of passing off against Apple Inc. for using the mark ‘Split View’ or a deceptively similar variant in relation to its software products.
Rohit Singh developed three proprietary software products, Split View, Disk View and View Scribe respectively. Vyooh claimed that Splitview has…
In a recent judgment, a US Federal Court at Wisconsin held TCS liable for trade secret misappropriation along with other counts, and granted damages to the tune of 940 million dollars, the highest in a trade secret case. TCS has stated that it would appeal the decision, and the value of damages is expected to be reduced substantially.
In 2014, Epic Systems sued TCS in the Wisconsin Court for trade secret misappropriation, breach of contract, unfair trade practice, and unjust…
Earlier this week, the words, “Compulsory License”, “Section 84” and “Indian pharma” once again made the headlines. This time however, it wasn’t a new case being brought forth; instead it was the decision to bury two old ones.
The news reports suggested that two Indian drugmakers had given up a battle to copy drugs developed by Bristol Myers Squibb and AstraZeneca, blaming a lack of government support for cheap generics and pressure from Big Pharma. The two Indian drug makers…
Well I am guessing the title of this post may have piqued your interest. ‘Sipping on IP’ is an initiative taken by BananaIP, where everyone gathers over coffee and lets ideas, discussions and conversations about intellectual property brew. There are no ground rules and the conversation can be about varied topics from more current pressing issues to any IP related concept. It is a great way to connect, take a break and learn from your peers.
Let’s see what we sipped…