Tag: Madras High Court

Weekly Trademark Updates

This week’s trademark updates are as follows – PhonePe' vs 'DIGIPE' - Madras High Court grants interim relief to the plaintiff PhonePe Private Limited, the plaintiff, has been in the Unified Payments Interface (UPI) business since 2016. DigiPe Fintech Private Limited, the defendant filed an application for registration of the mark "DIGIPE" in September 2022 even after being issued a legal notice by PhonePe. The Madras High Court has temporarily restrained defendant from using its mark 'DIGIPE' following a trademark infringement…

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Can a delay in filing request for examination be condoned? Court clarifies

Missed filing a request for examination? court says, condonable under exceptional circumstances.

Facts of the case: The Petitioner in this case filed two writ petitions challenging the order of the Respondent (herein referred to as Patent Office) dated 03.05.2016 in respect two of the Petitioner’s applications bearing numbers 8846/CHENP/2011 & 8907/CHENP/2011. The patent applications were filed before the Indian patent office on 29.11.2011 and 30.11.2011 respectively as PCT national phase entries. The petitioner engaged the services of a New York based firm called Greenberg Traurig for filing and prosecution of the national phase…

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Image accompanying blogpost on "Latest Copyright Cases in 2022 - Part 1"

Latest Copyright Cases in 2022 – Part 1

This running post provides a summary of the latest Copyright cases decided by courts in India in 2022: Samir Kasal v. Prashant Mehta & Ors. The Plaintiff conceptualized a cricket league format titled ‘Legends Premier League’ wherein famous retired cricket players would play a Test format of cricket. The details about the same were provided to Defendant No. 2 in a strictly confidential manner. However, the Defendants decided to organize ‘Legends League Cricket’ without the Plaintiff’s consent which led him to…

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Image accompaying blogpost on "Business of Issuing Copyright Licenses can be carried out by Copyright Societies "only""

Business of Issuing Copyright Licenses can be carried out by Copyright Societies “only”

Novex Communications v. DXC Technologies & Anr. Decided by: Madras High Court Decided on: 08.12.2021 Facts of the Case The Plaintiff was involved in a business of protecting the copyright for sound recordings – in the capacity of an assignee, or an agent of the copyright holders. In order to do so, the Plaintiff had entered into various agreements with the holders of the copyrights, and had obtained several rights related to the sound recordings – in particular, the rights for the…

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Latest Trademark Cases in 2021 - Part 13

Latest Trademark Cases in 2021 – Part 13

Walmart Apollo Llc vs Aayush Jain & Anr In this case, the Plaintiff owns a registered trademark for WALMART / WAL-MART. The Defendant applied for WMART and allegedly used since April, 2019. The Plaintiff filed an infringement suit against the Defendant, who was using 'WMart' and www.wmartretail.com. The Plaintiff prayed for an injunction during the pendency of the suit, which the Court granted until the next date of hearing. Citation: Walmart Apollo Llc vs Aayush Jain & Anr, Decided by Delhi…

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Latest Trademark Cases in 2021 - Part 12

Latest Trademark Cases in 2021 – Part 12

Pidilite Industries Limited v. Platinum Waltech Limited The Plaintiff filed this suit against the Defendant seeking relief in trade mark, copyright and designs combined with causes of action in passing off in each. The Plaintiff was a well-known manufacturer of products relating to the construction and paint industry and had a worldwide presence since 1969. The Plaintiff had several trademarks related to its products which included the DR FIXIT mark with a distinctive device of a man wearing a yellow…

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Latest updates on eCommerce & Licensing - August 2021 (Week 1)

Latest updates on eCommerce & Licensing – August 2021 (Week 1)

This is a rundown of last week's news updates on eCommerce & Licensing: Rummy & Poker now declared as games of skill. In a huge win for gaming companies offering online card games, the Madras High Court stated that Rummy and Poker are games of skills. Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy presided over the case of Junglee Games India Pvt. Limited and Rahul Nandkumar Bharadwaj Vs. The State of Tamil Nadu and Ors. (W.P. No. 18022 of 2020)…

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Trademark Updates part 4

Latest Trademark Cases in 2021 – Part 4

Sun Pharmaceutical Industries Limited vs Cipla Limited In this case, the Respondent/Plaintiff filed a suit for a permanent injunction before the Madras High Court against the Applicant/Defendant for infringement of its copyright and trademark. The Court herein, granted an interim injunction in favour of the Respondent/Plaintiff. Henceforth, the Applicant/Defendant filed three applications with a plea to vacate the interim relief granted on grounds of urgency. The plea was based on the fact that the drugs were of a huge amount,…

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The featured image reads Weekly News Updates: Patent News. The logo of intellepedia also forms part of the featured image. To read more click here.

Interesting Patents, BlackBerry versus Facebook, WhatsApp and Instagram, Huawei top patent filer and other news

“Continued decrease in patent stats, Interesting Patents on eyewear, payments and lipsticks, Madras High Court upholds FIR against patent officials; BlackBerry sues Facebook, WhatsApp and Instagram for patent infringement, USPTO to disclose new design for patent certificate, Huawei tops patent filing list in 2017 at EPO, Patent Tip of the Week and other Weekly Patent News,” presented by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm. Patent Quote of the Week “It is never about how…

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The featured image shows the logo of YouTube. The post is about the recent defamation suit thatw as filed against You Tube and Google. To know more, please click here.

Madras HC directs Google and YouTube to provide User Details in Defamation Suit.

Google and its subsidiary YouTube were caught in a crossfire in India when Lebara Foundation a non-profit philanthropic institution supporting communities to address the welfare of vulnerable and displaced children, filed a defamation suit over an allegedly defamatory video posted by an uploader named Marupakkam Seithigal on YouTube. A Single bench (Justice MM Sundresh,) of the Madras High Court allowed Lebara’s applications seeking the IP address of those responsible for uploading a ‘defamatory’ video. The court said “If a person…

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