LALL & SETHI

Patent office sees surge in online applications
August 01, 2008: Press Trust of India

In less than a year since the first patent electronic application was filed at the Indian Patent Office, the number has increased to 1,000, up three per cent. The e-filing of the patent application in the country commenced from July last year, an official release stated. However, the first application of patent was filed on August 13, last year and the 1,000th filed on July 24 this year, which is equal to about 3 per cent of the total filing of the applications.  more>>>
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Same script, 2 films: Big B movie caught in legal row
July 23, 2008: Economic Times

Two major film corporations have locked horns over the intellectual property rights of the under-production Amitabh Bachchan starrer, Shoebite. Percept Picture Company has brought an injunction against UTV Motion Pictures, alleging that the idea of Shoojit Sircar’s Shoebite was earlier sold to them as Johny Walker with Big B in the lead. But UTV representatives said they had not received any injunction order yet.  more>>>
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US toymaker sues Indian brothers for copying Facebook game from Scrabble
July 25, 2008: Times of India

US toymaker Hasbro has sued two Indian brothers, who created a hugely popular online word game on Facebook networking website, accusing them of "blatant infringement" of its intellectual property. The toymaker has said that the Internet game is a copy of its product Scrabble.  The suit filed in federal court in New York City, names RJ Softwares, the Kolkata-based company owned by Rajat Agarwalla, 27, and Jayant Agarwalla, 22, and seeks unspecified damages along with a court order barring them from using the name "Scrabulous" for their game.  more>>>
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SC judge for more awareness on intellectual property rights
July 26, 2008: The Hindu

There should be more awareness among the advocates and the general public on intellectual property rights, said Supreme Court Judge Justice Altamas Kabir. "Intellectual Property rights is not a new concept, its age old one but still there is not much awareness among advocates and common public," he said at the inauguration of the Judges' Round Table on Intellectual Property Rights Adjudication organised by the Tamil Nadu State Judicial Academy and Federation of Indian Chambers of Commerce and Industry (FICCI). "Today there are a lot of developments in trade and we have opportunities to know about the laws on Intellectual Property in various countries. But, there is not much awareness”. "There are 75 cases on patent rights (pending) in the Delhi High Court and some cases in Mumbai and Chennai High Courts and the law provided for imprisonment of three years" he said referring to a case won by an Indian in United States on patent rights on Basmati rice.  more>>>
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HC declines Cadila's plea to restrain the use of 'Sugar Free'
July 09, 2008: Hindu

The Delhi High Court rejected Cadila's plea to restrain Dabur India and Shree Baidyanath Ayurved Bhawan from using former's trademark ‘Sugar Free’ in their respective products. In its interim order, Justice Mr B D Ahmed rejected Cadila's claim that use of mark ‘Sugar free’ by Dabur and Shree Baidyanath, which were allegedly using Cadila Sugar Free mark, is likely to cause any confusion or deception among consumers about the origin of goods.  more>>>
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Trademark

HC restrains local firms from making fake products of US co
July 27, 2008: The Hindu

In a reprieve to the US automotive giant ABRO, the Delhi High Court has restrained local manufacturers from making and selling spurious products under the ABRO trademark. The illegal and unlawful activities of the defendants (local manufacturers) and defendants' selling and passing off their spurious/sub-standard products as the products of the plaintiff (ABRO) have resulted in creating confusion in the minds of the public at large and have caused loss and damage to the reputation of plaintiff, Justice Reva Khetrapal said.  more>>>
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Scrabulous pulled from Facebook in US and Canada
July 30 2008: LiveMint

The creators of online Scrabble knock-off Scrabulous confirmed that they have pulled their application from US and Canadian Facebook pages due to a lawsuit filed by game-making giant Hasbro. This is an unfortunate event and not something that we are very pleased about, especially as Mattel has been pursuing the matter in Indian courts for the past few months.  more>>>
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Now, UB Group plans Kingfisher Himalayan water brand
July 22, 2008: The Hindu

As the slugfest between Bisleri and the Tatas continues over the infringement of the ‘Himalayan’ trademark, the UB Group has decided to enter the category with its Kingfisher Himalaya Natural Mineral Water. Having registered this name as its trademark the liquor major is now planning to unleash its natural mineral water sourced from the Himalayas. We intend launching our natural mineral water in the next few months and as long as it is sourced from the Himalayas we will be using the word Himalaya for our brand. Kingfisher Himalaya Natural water has already been registered as a brand and we will definitely go ahead and use it as long as the source for the mineral water is rightly mentioned. In fact, water is going to become a key business for the UB Group as it has decided to treat it as a separate business and may even float a new company for the same.  more>>>
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UB Group plans Kingfisher Himalayan water brand
July 21, 2008: The Hindu

As the slugfest between Bisleri and the Tatas continues over the infringement of the ‘Himalayan’ trademark, the UB Group has decided to enter the category with its Kingfisher Himalaya Natural Mineral Water. Having registered this name as its trademark the liquor major is now planning to unleash its natural mineral water sourced from the Himalayas.  more>>>
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Geographical Indications

Baluchari saree may register for GI protection
July 28, 2008: Hindu

The Indian Institute of Foreign Trade (IIFT) is in favour of registering Baluchari, a silk saree produced in West Bengal, for Geographical Indications (GI) protection.  GI is an instrument of Intellectual Property Right protection that identifies a manufacturing good, handicrafts or an agricultural product as originating from a particular place, where a given quality, reputation or other characteristics of such products are essentially attributable to its geographical origin.  more>>>
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Civil v Criminal Remedies

Deadlines

Domain Registrations

Enforcement of Trade Marks

Salient Features of The Trade Marks Act, 1999

The Patents (Amendment) Bill 2005

Indian Court Grants Punitive Damage for Trade Mark Violation

Supreme Court on Injunctions

Supreme Court of India Reiterates its commitment to Protect Well-Known Foreign Brands

Landmark Supreme Court of India Decision on USE of Trade Marks

TM Act 99 - Well known Trade Marks

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