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Intellectual Property Tag

BananaIP Counsels > Posts tagged "Intellectual Property" (Page 42)

The Amazing Race: US and India Patent Statistics

Featured Image is of a statistical representation with no particular values, as the post is about US and Indian Patent statistics. To read the post click here.

Half the year is gone, and we, as usual, were curious to find out who are all in the race to top the patent charts this year. We found an article that gives a comprehensive view of the US patent statistics and list of top contenders (in terms of number of granted patents and published patents). So, we performed a search to identify details of patent activity of the top 10 in the lists provided by Sqoop. The search methodology adopted was to find out number of published applications, and number of granted patents in India, between 1st January and...

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Peps Industries Vs. Shakti Mattresses & Gears

Featured image of peps Spine guard mattress is used, as the post is about a trademark issue related to this. To read the post click here.

  The Delhi High Court has passed an ex-parte interim injunction against Shakti Mattresses & Gears Pvt. Ltd. on 29th May 2015, to restrain from dealing in the goods and services, under the mark ‘SPINE GUARD’, which is a registered trademark of the plaintiff, Peps Industries Pvt. Ltd. To briefly state the facts, the Plaintiff, Peps Industries Pvt. Ltd., is engaged in the business of manufacturing, marketing and sale of sleep comfort products such as mattresses, pillows, cushions, sofas, beds and other related products. The plaintiff is one of the largest spring mattresses company in the country and does not only have...

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Intellectual Property, Creativity and Madness

Featured is a picture of a quote by Eric Fromm, "Creativity requires the courage to let go of certainties". To read the full post click here.

Creativity forms the foundation of intellectual property and intellectual property law. The latter has no existence in the absence of the former. We, Intellectual Property (IP)/Patent attorneys, earn our bread and butter from creators and inventors. One of the joys of being an intellectual property attorney is the opportunity to work with geniuses. While the opportunity leaves one happy and contented on most days, IP attorneys once in a while come across personalities, very difficult to handle. Many a time, especially when I have a bad day, I have wondered if nature wantonly places weaknesses in highly creative minds. A recent...

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Regulation of Resources: Endeavours of National Biodiversity Authority

Featured Image is of a Biodiversity day celebration in a British Garden, and this is directly related to the topic being discussed in the post i.e. Biodiversity

Our World is no more segregated into 7 continents and 247 countries. It is One Big Global Village. We can have access to anything that is exclusively available in one part of the world in our home country. For this, we ought to thank Globalization, Commercialization and Industrialization. The coming up of more industries, MNCs has made our world a better place to live in - a more accessible place to live in. But this does come with a cost. With the onset of more industries creating more jobs, we have new cities and townships coming up, as a result...

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Is There a Trademark in a Name?

Featured image is of VIT campus, as content of the post is related to VIT

“What's in a name? that which we call a rose, by any other name, would smell as sweet.” William Shakespeare famously quoted these lines in his creation of the romantic tragedy, Romeo and Juliet. Enter 21st century and these famous lines could be debated to the ends of time. In today’s world, where there are fakes of fakes and more fakes than actual products, Shakespeare might have thought differently. Trademark Infringement and Passing off is something that we are all too familiar with. All of us have come across enough and more cases dealing with this subject. All of us, at some point...

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Trademark Case Review: PEPS Industries v. Coir Foam

Featured image of peps Spine guard mattress is used, as the post is about a trademark issue related to this. To read the post click here.

This article is a contribution by Savitran - Intern at BananaIP Counsels The Delhi High Court has ordered an interim injunction against Coirfoam India Pvt. Ltd. to desist it from using a mark identical or similar to ‘Spring Guard’, which is the trademark owned and registered by Peps Industries Pvt. Ltd. To briefly state the facts, the Plaintiff, Peps Industries Pvt. Ltd., is engaged in the business of manufacturing, marketing and selling sleep comfort products such as mattresses, pillows, cushions, sofas, beds and related products since its inception in 1996. The Plaintiff has shops not only across India, but also in other...

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Rise of the Drones (Unmanned Aerial Vehicles)

  Robotics has changed the way we work! A function, which was once done manually, has been replaced with robots working every inch of it. This reduces human error and losses of any form. On the same note, drones (Unmanned Aerial Vehicles) are a boon to mankind. Drones have been used by many national organizations to gather such information that is outside the domain of a human being. But nowhere have drones been used to deliver products to customers in and around a specific area. Yes, You heard it right!   Amazon has been awarded a patent for “Unmanned Aerial Vehicle Delivery System” which was filed last September,...

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USTR SPECIAL 301 REPORT (2015) – on Priority Watch List

This image depicts the logo of the Office of the United States Trade Representatives (USTR). This image is relevant because this post talks about the 2015 report released by the USTR. Click on the image to view full post.

USTR has released the 2015 report on the  adequacy and effectiveness of U.S. trading partners’ protection and enforcement of intellectual property rights. Seventy Two (72) countries were reviewed in this report, and Twenty Four (24) countries have been placed on the Watch List, and Thirteen (13) on the Priority Watch List. Countries in the watch list include Canada, Columbia, Brazil, etc. India, China, Russia, Indonesia, etc., have been placed on the Priority Watch List. Last year, USTR had conducted out of cycle reviews for India, to engage and improve IP protection in the country. This year, no out of cycle review...

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Case Review: Hypnos Ltd. v. PEPS Industries Pvt. Ltd. & Ors

This image depicts the registered trademark logo. It is relevant here as the post is about the dispute regarding trademark registration between Hypnos and PEPS . Click on the image to read the full post.

Citation: ORA/126/2012/TM/CH, Order dated 16th April, 2015 Parties Involved: Applicant: 1. Hypnos Limited (UK) Respondents: 1. Hosur Coir Foam Pvt. Ltd. 2. Peps Industries Pvt. Ltd. 3. The Registrar of Trademarks, Trademarks Registry, Chennai Brief Facts: The Applicant, a UK based family run bed manufacturing company, filed a rectification petition to cancel the registration of the ‘HYPNOS’ trademark owned by Respondent No. 1 under Class 20. The HYPNOS mark owned by Respondent No.1 is associated with mattress, pillows, cushions, seats and other related products. The Applicant had also filed a trademark application for HYPNOS (Label) which is pending before the Trademark Registry. The rectification petition was filed by the Applicant...

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Role of Intellectual Property in Promoting Creativity

This image depicts the title creativity. This image is relevant because this post talks about the real role played by IP protection in creativity. Click on the image to view full post.

Does the Intellectual Property Regime play a role in promoting creativity? As stated by most governments, the objective of patent, copyright, design and other laws is to promote the progress of inventive activity and creativity. Are these laws actually achieving their stated objective? While most of us would like to believe that they are, no empirical study has been able to conclusively prove so far that IP laws actually promote creativity. The logical question that follows would be whether we actually need an IP Regime? The answer is not easy because no study has been able to conclusively prove the...

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