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Intellepedia – IP News Center

Trade Secret Violation – A Hypothetical Indian Case Scenario

The image depicts the text 'Trade Secret' on a piece of paper. The post is about a trade secret misappropriation case. to read more click here.

This post was last published on January 23rd, 2012. India has emerged as one of the important markets for information technology services and services involving business processes. With the constant development of industries in India, the growth of intellectual property has been exponential and so with it, the increasing need for providing better enforcement techniques to protect IP. India already has various statutes for the protection of patents, trademarks, copyrights, designs etc. But existing and rising industries/businesses are generating a lot of information which is confidential in nature and processes as well as technical know-how which qualify as trade secrets and...

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‘Acquired Distinctiveness’ of Infosys Trademark

This post was first published on 18th November, 2011. Infosys Technologies Ltd vs Adinath Infosys Pvt. Ltd & Ors, High Court of Delhi  Facts: The plaintiff-company Infosys Technologies Private Limited is engaged in the business of providing IT services, solutions, consulting and business process management. INFOSYS is the registered trademark/service mark of the plaintiff-company in various Classes including Class 16 in respect of computer software. The Plaintiffs have strongly contended that owing to their excellent services offered by them, continuous, extensive and substantial use, the mark INFOSYS has acquired distinctiveness. The plaintiff contends that use of the mark INFOSYS implies that the goods/services...

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Zippo Manufacturing Company v. Anil Moolchandani & Ors. , High Court of Delhi

This post was first published on 15th November, 2011. Zippo Manufacturing Company v. Anil Moolchandani & Ors. , High Court of Delhi Pronounced on 31st October, 2011 Facts In February 2006 the plaintiff came across the defendant selling counterfeit lighters with the Zippo mark in the same shape and it was a verbatim imitation of the original Zippo lighters. Zippo, a company based out of USA claims to be a world leader in the manufacture and distribution of lighters alleged to be a well-known trademark. Keeping in mind the damage that can be caused to their company; they sent a notice to the defendants...

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Who Owns the Castle?

This post was first published on November 6th, 2011. South African Breweries International and Another v. Mohan Goldwater Breweries Ltd and Another (High Court of Delhi) FACTS Plaintiff No. 1 is a company registered in Netherlands and Plaintiff No. 2 is a joint venture company registered in India. Plaintiff No. 1 has registered CASTLE and CASTLE label in respect of beer in many countries and claims sale of USD 1 billion. The Plaintiffs contend that their mark is a well-known mark in India as well as in other countries and is well recognized worldwide. They have sponsored the South African cricket team for...

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Audit for IP Systems to Derive Business Value

The post was first published on November 5th, 2011. The value of IP for businesses is today an accepted fact. As I had mentioned in my earlier posts, companies are today grappling with establishing systems and mechanisms to derive value from IP rather than questioning its value as earlier. One important step in the process is uncovering IP in the company and categorizing its value for the business. I have elaborated on the role of IP Audit for identifying IP in my last post and my focus of this post is on using audit for establishing processes to derive business value. A...

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What is your IP worth? Improving Revenues and Financial Value of a Company

This post was first published on October 21st, 2011. A company's Intellectual Property (IP) is one of its most valuable assets. The value of a company's IP is directly proportional to its R&D and innovative activities. The IP Value of most companies that are research-based is generally much higher than their tangible assets.  Most companies in India have today realized the value of IP but fall short with respect to its planning, optimization, and utilization for gaining business benefits. In order to make the best of IP, every company must not only generate intellectual assets but also protect, manage, enforce and...

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Can God’s Name be Monopolized? ‘No’ Says the Court

This post was first published on October 19th, 2011. BHOLE BABA MILK FOOD INDUSTRIES LTD v. PARUL FOOD SPECIALITIES PVT. LTD.- High Court of Delhi.  (Division Bench) Facts: The Appellant has a trademark registration for the label KRISHNA with a pictorial reflection of Lord Krishna standing on a lotus flower for dairy products. The Respondent was selling ghee under the mark ‘PARUL’S LORD KRISHNA’ where the word KRISHNA was dominantly written in large font. The Appellant sought to obtain an interim order restraining the Respondent from using his mark in the said form but the order allowed the Respondent to use the mark with...

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Elvis Presley International Memorial Foundation v. Crowell – Right of Publicity is Descendible

This post was first published on October 12th, 2011. 733 S.W.2d 89 (Tenn., App, 1987) Elvis Presley was one of the most popular American singers of the 20th century. He was popularly known as “King of Rock and Roll”. Elvis Presley's career was without parallel in the entertainment industry. From his first hit record in 1954 until his death in 1977, he scaled the heights of fame and success that only a few have attained. He was aware of his likeness and had sought to commercialize it. As early as 1956, Elvis Presley's name and likeness could be found on bubble gum...

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‘Darjeeling’ is Not Owned by Tea Board

This post was first published on 19th September 2011. Tea Board, India v. I.T.C. Limited Decided by CALCUTTA HIGH COURT on 24th August, 2011 Facts The plaintiff is an autonomous, non-profit statutory body and was established by the Government of India for the purpose of controlling the Indian Tea Industry. This establishment is engaged in production, cultivation, marketing, sale and export of tea, encouraging research, and other numerous statutory duties and functions under the Tea Act. In order to preserve the integrity of tea sold under the name DARJEELING, the plaintiff has developed a distinctive DARJEELING logo, which consists of the image of a...

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Music Broadcast Pvt. Ltd. v. Super Cassette Industries Ltd.

This post was first published on 5th September 2011. HIGH COURT OF DELHI RFA No.250/2011 & CM No.8977/2011 Decided On: 01/09/2011 Facts: This appeal arises out of the interim orders passed by Copyright Board in the litigation between Music Broadcast Pvt. Ltd (MBPL) and Super Cassette Industries Limited (SCIL) with respect to fixing of a royalty fee of a license agreement between the parties. According to the Memorandum of Understanding (MoU) between the two parties if the two parties are in litigation and if any Court/Copyright Board whether in any interim or final order where both SCIL and MBPL are parties, stipulates a rate...

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