Case Brief: Simonelli Innovation Llc V. Tata Consultancy Services Ltd. (TCS)

Plaintiff:  SIMONELLI INNOVATION, LLC Defendant:  TATA AMERICA INTERNATIONAL CORPORATION and TATA CONSULTANCY SERVICES LIMITED (TCS) Case Number:  5:2018cv00840  Case Filed On :    August 15, 2018 Court:   Texas Western District Court US Presiding Judge: Fred Biery Nature of Suit:  Contract - IP Infringement Cause of filling Suit – Breach of Contract Facts: US-based Simonelli Innovation LLC sued Tata Consultancy Services Ltd (TCS) in Texas Court for violation of Defend Trade Secrets Act, breach of contract, fraud and misrepresentations, gaining unfair advantage by wrongful and improper use of Simonelli’s intellectual property (IP) and trade secrets to build its own consulting practice.  Simonelli, a... Read More

Trademarks and Trade Secrets: Know the Difference with Coca-Cola

Though they may include the same word, the two concepts- Trademarks and Trade Secrets- are not alike at all. It is true that both are valuable assets that give your business an edge against rivals in the market. However, their scope of application covers totally different areas. This article analyses the meaning of the concepts, the law regarding them and studies Coca-Cola to better understand the distinction. 1. Trademarks In India, trademarks are given protection under the Trademarks Act, 1999. Trademark has been defined under section 2 (zb) of the Act as, “….a mark capable of being represented graphically and... Read More

India Signs Up the Internet Copyright Treaty

The latest break-through in Intellectual Property in India is Union Cabinet approving the proposal to accede to the WIPO Copyright Treaty, 1996 (‘WCT’) and the WIPO Performance and Phonograms Treaty, 1996 (‘WPPT’).  These Treatises came into existence in the time when internet was considered to be a big thing in the year 2002. It deals with the protection of works and the rights of their authors in the digital environment and hence called as ‘Internet Treaties'. Commerce and Industry Minister Suresh Prabhu said that the potential benefits to the domestic industry and individual right holders of accession to these treaties... Read More