Intellect Juris

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INFRINGEMENT-BY-REGISTERED-PROPRIETOR-OF-A-TRADEMARK

Relevant Sections of the Trade Marks Act

In the infamous case of The Coca Cola Company V Bisleri International Private Limited and Ors. – an issue arose as to whether the plaintiff had the right to register the trademark ‘MAAZA’ outside India. The defendants had sold their trademark rights, formulation rights, know-how, and goodwill of some of their soft drink products, including ‘MAAZA’, to the plaintiff through an agreement. In 2008, the defendants learned that the plaintiff had filed for the registration of the trademark ‘MAAZA’ in Turkey. Subsequently, they
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unconventional-trademarks

Trademark Law Series – Unconventional Trademarks in India

SHAPE TRADEMARK Indian courts have also been more or less consistent in their judgments with regard to shape as a trademark. In the case of Lilly ICOS LLC and Anr. v. Maiden Pharmaceuticals Ltd. wherein it had been alleged that the almond shape of the plaintiff’s product had been copied by the defendant, the Delhi High Court passed judgment in favor of the plaintiff and thereafter issued an injunction against the defendants in this regard as it was of the opinion
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UNCONVENTIONAL TRADEMARKS IN INDIA

A. SOUND MARKS When India granted registration for sound trademarks, India simply borrowed the Shield Mark doctrine which was given in the case of Shield Mark BV v Joost Kist, by the ECJ. The ECJ regarded the description of sound by its written description and held that since the written description of a sound lacked clarity and precision, it cannot be considered a graphical representation. But the Court also opined that if the sound was distinctive and people were able to recognize it,
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patent-registration-in-delhi

SUN PHARMACEUTICAL INDUSTRIES LIMITED v. CIPLA LIMITED

In this case, Plaintiff filed a suit for a permanent injunction before the Madras High Court against Defendant for infringement of its copyright and trademark. The Court herein granted an interim injunction in favor of Plaintiff.  Following that, the Applicant/Defendant filed three petitions, each with a request to rescind the temporary relief granted on the basis of urgency. The appeal was predicated on the fact that the medications were in large quantities, had a one-year expiration date, and were in high
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THE COPYRIGHT LAWS IN INDIA

CELEBRITY CULTURE, PAPARAZZI, AND THE COPYRIGHT LAWS IN INDIA

One may assume that a celebrity being photographed would at least have a right to make ‘fair use of the pictures they are the object of. However, in the world of internet and social media outreach, what may seem “fair” to some may not be to others—or at least what’s fair may be disputed.  In recent times, several megastars like Katy Perry, LeBron James, Jennifer Lopez, Gigi Hadid, Victoria Beckham, Ariana Grande, and Justin Bieber have come across to the legal
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trademark registration process

Trademark Registration Process

What is trademark registration?  A trademark is a unique identity given to a particular business, service, product, or company that makes them different from the rest. These trademarks can be in the form of pictures, logos, name, holograms, or any other. The trademarks aid in establishing a unique brand identity in the market.  What are the benefits of online trademark registration?  A trademark gives a unique identity to your business in the market. It helps you in forming a brand and
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Facebook-to-meta

FACEBOOK TO META

Facebook, which now seeks to be known as Meta, recently encountered an issue as it attempts to register the trademark. It has come to light that ‘Meta’ is already applied for as a trademark by an Arizona-based start-up; the founder of which Zach Shutt says that Meta PC first began using the brand for its range of products in November 2020 and has now applied for its registration before the United States Patent and Trademark Office. The said company is already
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NFTs and Intellectual Property

NFTs and Intellectual Property

Non-fungible assets (NFTs) are basically digital copies of highly valued original work that exists on a blockchain. For encoding, software similar to many cryptos is used, and all the buying and selling happens online. The authenticity of all such assets is verifiable online since most of the buying happens through cryptocurrency or in dollars, all of which are recorded as a part of transactional records. While anyone can view the NFTs, the buyer has the status of being the official owner
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geographical-indication

Geographical Indication: What and why.

The USPTO held that the term ‘basmati’ was not a geographical location but rather a descriptive term referring to the fragrant quality of the rice and as such could be used by RiceTec and it was not necessarily a geographical indication. However as geographical indications “need not necessarily indicate the place of origin, it could signify the product itself as long as it is known to possess certain qualities by the virtue of its belonging to a certain place” and also
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Copyright and Personality Rights

In May 2020, the Amitabh Bachchan starrer film – ‘Jhund’, met with controversy when Nandi Chinni Kumar, a Hyderabadi filmmaker alleged copyright infringement of the film. ‘Jhund’ is based on the life of Akhilesh Paul. It is claimed that Paul sold the ‘exclusive rights to his story of becoming a slum-footballer Kumar, who was going to make a biopic, titled ‘Slum Soccer’, based on Paul’s life.  The pertaining question here is, what is the legal framework surrounding such ‘exclusive rights and
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