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Intellectual Property Tag

BananaIP Counsels > Posts tagged "Intellectual Property" (Page 10)

Should Distinctiveness Have Anything to Do with Dilution – By Nandan Pendsey, IP Attorney, USA

The image depicts the letters T and M as the post is about trademarks and distinctiveness and dilution. Click here to read the post.

Evolution of Dilution as a Remedy: The theory of Dilution as a means of protecting a trademark was first propounded by Frank Schechter in his research article, “The Rational Basis for Trademark Protection”. He advocates in this article that the real function of trademark law is to identify a product as satisfactory and thereby stimulate further purchases by the consuming public. He further says that the real injury to a trademark is the gradual whittling away or dispersion of its identity (now known as dilution) and therefore preservation of this uniqueness of a trademark should be the only rational basis...

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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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Public Interest or Private Monopoly- The Case of Tirupathi Laddu

The iimage depicts a Tirupathi Laddu

This post was first published on August 7th, 2012. In a legal tangle that finally unknotted in late July, the Geographical Indication (GI) of ‘Tirupati Laddu’ has drawn a lot of attention, regards the religious sentiment attached to it. Unlike, Madhubani paintings, Darjeeling Tea or Goa Feni which enjoy the Geographical Indication tag, the roadmap for a GI status to the Prasadam(The ‘Tirupathi Laddu’), the temple being managed by Tirupati Tirumala Devasthanam was not a sweet path to reckon with. Be it the description of J Mohanraj, the then General Secretary of Jebamani Janata Party, who within weeks of granting the GI...

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Bell Helicopter v. Eurocopter

This image depicts the Bell Helicopter. This image is relevant because this post talks about the comparison between two companies, the Bell Helicopter and the Eurocopter Group. Click on the image to view full post.

This post was first published on November 2nd, 2012. Bell Helicopter is an American rotorcraft manufacturer headquartered in Hurst, Texas, near Fort Worth. The company was founded on July 10, 1935 as Bell Aircraft Corporation by Lawrence Dale Bell in Buffalo, New York. The company focused on designing and building of fighter aircraft. The Eurocopter Group is a global helicopter manufacturing and support company. It is the largest in the industry in terms of revenues and turbine helicopter deliveries. The Eurocopter Group was formed in 1992 through the merger of the helicopter divisions of Aérospatiale and Daimler-Benz Aerospace AG (DASA). Eurocopter is the owner of the Canadian Patent 2,207,787 which...

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