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BananaIP Counsels > Posts tagged "IP India"

Likelihood of Confusion: Numerals as Trade Marks

The image is of numbers in a downward spiral . The post is about numerals as trademarks. to read more please visit.

  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 mark is claimed to be distinct mark where the mark '1001' is represented with the zeroes having eyes and being used...

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Registrar of Trademarks issues new public notice following Delhi HC’s stay order

The featured image is of the lion capital of ashoka pillar which is the national emblem of India. The post is about the new public notice issued by the TM registry with respect to the wrongful issuing of abandonment orders for multiple Trade marks. To read more click here.

  Last week we reported about the recent Delhi High Court order dated 05/04/2016 regarding the recent abandonment of multiple trademark application by the Trade Mark Registry. Ruling on Writ Petitions WP (C) 3043/2016 & 3067/2016, the Delhi High Court stayed the abandonment of all trademark application on or after 20/03/2016. A quick recap for all readers who have not been following the story- The Trade Mark Registry had recently abandoned numerous applications under Rule 38 (5) of the Trade Marks Rules 2002, according to which if the examination responses are not received within thirty days such applications shall be abandoned. As...

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Patent and Other Government Policy for Start-Ups

The image says news as the it is about lastest IP policy for start-ups unveiled recently. To read more click here.

  On 16th January, 2016, Prime Minister of India unveiled the Government's Start-Up policy. The primary objective of the policy is to promote economic growth and employment opportunities. To promote a culture of starting up, the Prime Minister announced the following among others: Three Year Tax cuts for Start-Ups, which are started after March, 2016; Quick start and quick closure of start-ups. It was announced that one can start in a day and close in 90days; Self-attestations for labour, employment and other regulatory compliances; No Government inspections for three years; A start-up fund will be set up to support and hand...

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Social Media and IP : Part XI – Best Practices for Businesses

  Social Media is an integral element of every business today, and no business can afford to ignore its relevance. From employee policies to business development, social media has a role to play in several business related activities. It is therefore important for companies to devise and follow legally acceptable standards and guidelines for handling business activities on social media. This note outlines some best practices from the Intellectual Property, privacy and publicity perspectives. Devise and Implement a Social Media Policy In this age of social media, every company must have a social media policy. A policy that outlines what role social media...

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Social Media and Intel (Part IX): Select Publicity Rights Cases

This post provides short briefs of two publicity rights cases, which provide insights about publicity rights on social media. A previous post on the subject covered a couple of other cases. Ranveer Singh and Slippers Just before the movie Kill Dil, a Bollywood film starring Ranveer Singh, Govinda and others was released, a company by the name 'Yo Custom Freak' uploaded a Facebook image of slippers. The phrase 'Kill Dil' was written on the slippers and Ranveer Singh's photograph was part of the image. The company claims to produce customized apparels, jewelry, accessories, etc., and this was one of its customized products. On...

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Social Media and IP : Part VII – Trade Mark Cases

PINTEREST, v. PINTRIPS Pinterest, a social media platform, which allows users to upload content and share it through what it calls as 'pins,' filed a suit against Pintrips, a company that allows users to compare travel plans and flight prices. In its suit, Pinterest claimed that it owns trade mark rights with respect to the mark, PIN, and that its use by Pintrips amounts to trade mark infringement and dilution. The case was filed in 2013 in a California Court. After analyzing the facts, the Court held that Pintrips was not liable for infringement of any rights Pinterest may have in the...

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Social Media and Intellectual Property (IP): Part V – Publicity Rights and Celebrity Rights

Social Media can make or break a personality. Most public figures from film stars like Amitabh Bachchan, Will Smith, Aishwarya Rai, etc., to political leaders like Narendra Modi, Barack Obama, etc., are very active on Social Media. While on one hand, Social Media enables celebrities gain popularity, on the other hand, a celebrity's activities on Social Media platforms makes it possible for extensive misuse and abuse of a celebrity's persona. Over the years, several instances of passing off, false endorsement, misappropriation and publicity rights violations on Social Media have been reported. Publicity Rights in India Unlike states like California in USA, India...

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Social Media and IP: Part IV – Taking Down Infringing Content

Taking down IP infringing content on Social Media platforms is today a well-established process. All Social Media platforms have DMCA take down mechanisms in place. In line with the law, they have specific email ids and forms to enable IP owners raise disputes and take down content. Terms and Conditions of Facebook, YouTube and Twitter have separate provisions dedicated to IP infringement and take down.   Facebook "5. Protecting Other People's Rights   We respect other people's rights, and expect you to do the same. You will not post content or take any action on Facebook that infringes or violates someone else's rights or otherwise...

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Social Media and Intellectual Property (IP): Part III – Aggregation of Content

Tons of content is added to Social Media on a daily basis. It is estimated that more than 30 billion pieces of content are shared on Facebook each month; more than three hundred hours of video is uploaded to YouTube every minute; and more than six thousand tweets are added to Twitter every second. This can at the least be described as explosion of content creation and distribution. From the storm of content arises the need for aggregating, indexing and searching services. Aggregation of Content Aggregation of content is in general permitted if the aggregation and indexing is done for purposes of...

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Social Media and Intellectual Property (IP): Part I- Protection and Ownership

Social Media comes with a bundle of tools that differentiate it from traditional print and electronic media. Among others, two unique elements of Social Media are: Tools for sharing and dissemination of content and information across the world; and tools to communicate and exchange information. These two elements make Social Media a much more powerful weapon than traditional media. Access to most social media platforms requires internet, of which there is no dearth in today's context. It is estimated that 3.2 billion people have access to internet as of 2015. Out of these 3.2 billion, 2 billion people access internet on...

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