Disney’s Trademark Woes: No Worries?

The year of 2019 has been regarded as the most promising year. It started with Disney’s magnum opus announcement to deliver two motion pictures consecutively. The much loved ‘Aladdin’ and the popular ‘Lion King’, is all set to captivate the audience in the coming months. But, is everything hunky dory...

Tale Of The Contentious Broccoli Patent

GRANT OF PATENT The European Patent Office accorded a patent on a special kind of Broccoli, containing high content of glucosinolates with health benefits; vide patent number EP1069819, in 2002. This particular kind of broccoli plant stems from the cross breeding of wild variants of broccoli, consisting of native traits,...

Strict Examination Criteria needed for Drug Patents

Background Patentability of pharmaceutical drugs and other issue associated with the patent have been a moot point all over the world. Like other developing countries, India has also started granting patent rights to pharmaceutical drug products since the year 2005. The biggest concern that comes up in this scenario is...

Character Merchandising

INTRODUCTION Character merchandising is a clever marketing method through which goods and services similar to well-known imaginary or even real characters are made for appealing customers. In other words, it is a profitable manipulation of a renowned personality using their well-recognized national/international appeal. Overtime, the possibilities of character merchandising have...

Enforceability Of Oral Agreement In India

The Indian Contract Act 1872, section 2(e), defines an agreements as “every promise and every set of promises, forming the consideration for each other is an agreement.” A promise is essentially an offer or a proposal, made by a person or an entity, towards another. The assent of the other,...

IP Licensing In Global Perspective

In today’s information-intensive and dematerialized business environment, international IP licensing transactions are among the most common transactions. Thus, a licensing environment which is built on positive voluntary licensing policies like market-based incentives and strong intellectual property (IP) protections is required in order to promote a healthy rate of technology diffusion....

Stairway to Litigation

The famous Led Zeppelin song 'Stairway to Heaven' which has made millions sway to its tune recently struck a wrong cord due to copyright infringement allegations levied against it in 2014. It was alleged that the introduction to the band's most celebrated song was taken from Spirit's 1968 instrumental titled...

Trade Protection

Protection on trade occurs when countries impose restrictions on imports into the economy. It can be defined as nation or a group of nations working in conjunction as a trade bloc, creating trade barriers with the specific goal of protecting its economy from the possible perils of international trading. In...

Brand of Intelligence Manufacturing

Intelligence Manufacturing is a method in which the combined intelligence of people, processes and machines, is used in order to impact the overall economics of manufacturing. The purpose of intelligence manufacturing is to optimize manufacturing resources, improve business value and safety and reduce waste- both on the floor and in...

Cardionet Suit Against InfoBionic Dismissed

On Wednesday, October 17th, An India based US District Court Judge Indira Talwani dismissed a patent infringement case bought up by CardioNet against InfoBionic. The cardiac monitor is a device that shows the heart's electrical activity as a wave pattern on a monitor. It continuously shows the cardiac rhythm and...

Passing Off for Registered and Unregistered Trademarks

The Trademarks Act, 1999 (herinafter referred to as ‘the Act”) gives rights and protection in the form of remedies to not only registered but also unregistered trademarks.  Even though a registered trademark is given a statutory remedy under section 28 of the Act, but 27(2) of the Act also provides...

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:...

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...

KHADI: A Trademark or GI?

Introduction Although the clash over ‘Khadi’ between the German company Khadi Naturprodukte and Khadi and Village Industries Commission (KVIC) is far from resolution, the latter has already filed another suit, this time against Fabindia for writing ‘Khadi’ over its products. The KVIC claims an exclusive right over the use of...