Trademark turbulence: Interglobe Aviation Vs Mahindra Electric Automobile Ltd
December 6, 2024Intellectual Property Rights,Trademarks,Weekly (IP)DATE,Indiatrademarks,ipr,Intellectual Property Rights,Indigo,Mahindra,6E trademark dispute
In a recent dispute between India’s largest airline, IndiGo, and automobile manufacturer Mahindra Electric, (Interglobe Aviation Vs Mahindra Electric Automobile Ltd, DHC - CS(COMM) 1073 / 2024) the issue surrounded the alpha numeral “6E”. For IndiGo, the 6E callsign has been an integral element of the official designator and a brand identifier for the past 18 years. IndiGo has extended the use of "6E" across various service offerings, such as 6E Prime, 6E Flex, 6E Link, and 6E Add-ons. Notably,…
Madras High Court quashes patent refusal: Upholds fairness and reasoned decision-making
November 22, 2024Intellectual Property Rights,PatentsPatent Office,Madras High Court
The appellants, Intervet International B.V. and Microbial Chemistry Research Foundation, filed an appeal against the Deputy Controller of Patents & Designs for refusing a patent application for solvated and non-solvated crystalline forms of 20,23 dipiperidinyl-5-O-mycaminosyl-tylonolide. The invention was claimed to exhibit enhanced stability, economic significance, and technical advancements over prior art. The patent was refused under Sections 3(d) and 3(e) of the Patents Act, 1970, which…
The Jiohotstar Domain saga
November 5, 2024Intellectual Property Rights,Trademarks,Domain Names,Weekly (IP)DATE,IndiaDomain Name,ipr,Intellectual Property Rights,jio,hotstar,domain squatting
The recent domain dispute involving jiohotstar.com has sparked a broader online discussion, highlighting a familiar narrative of “big corporation versus individual.” While some recognized the legal underpinnings of the issue, much of the debate centred on the perception that Reliance Jio should have accommodated the individual’s request. However, this situation exemplifies domain squatting—where individuals/company register internet domains containing well-known brand names or company…
Coexistence of Similar Pharmaceutical Names: An Analysis of Judicial Interpretation
November 1, 2024Intellectual Property Rights,Trademarks,Weekly (IP)DATE,Indiatrademarks,ipr,Intellectual Property Rights,Pharmaceutical names,distinctiveness,Cadila Health Care Ltd. vs. Cadia Pharmaceuticals Ltd,F. Hoffmann-La Roche & Co. Ltd vs Geoffrey Manners & Co. Pvt. Ltd,Schering Corporation case,SUN Pharma v. Hetero
Trademarks provide an advantage to businesses by distinguishing one’s product from others. However, it is common for infringers to use a similar mark in the industry and try to reap the goodwill that the initial user had secured over years. The pharma industry too faces the issue of similar marks being branded and sold. In this industry, the trademarks not only play a crucial role in distinguishing the marks but also ensures consumer safety. The recurring issue that we as trademark attorneys…
The Evolving Liability of Domain Name Registrars: Snapdeal Private Limited v. Godaddycom LLC and Ors.
October 29, 2024Intellectual Property Rights,Trademarks,Domain Names,Weekly (IP)DATEDomain Name Disputes,trademarks,ipr,Intellectual Property Rights,domain,intermediary liability,Snapdeal Private Limited v. Godaddycom LLC,unfair trade practices,safe habour protection,grievance mechanism
As the digital landscape evolves, the need to hold intermediaries to higher standards of accountability and duty of care has become increasingly pressing. This necessity arises from a growing trend in which intermediaries often overlook instances of infringement occurring on their platforms, to the detriment of the rights owners. With the rapid expansion of online services, intermediaries play a pivotal role and so, it is essential to implement stricter standards and practices that compel them…
Madrid Applications: The Effective way to overcome objections by Indian TMO
October 28, 2024Intellectual Property RightsMadrid Protocol,trademarks,intellectual property,Trademark Office,ipr,international application,IR Application,IA Application,R symbol,Priority claims,Central Attack,IPO
While the Madrid Protocol is advantageous, it comes with its own challenges, particularly as each designated country examines the application according to its local laws. India is no exception, and navigating the country's trademark registration process can be complex. To better tackle the common objections faced by the Applicant’s during examination of their international application in India, we have put together some of the most frequent challenges and the most effective strategies to…
Understanding the Indian Biological Diversity law, and its implications for Patent Applications involving Biological Resources
October 19, 2024Intellectual Property Rights,PatentsNational Biodiversity Authority,Biological Diversity Act,NBA Approval
India's commitment to conserving its rich biodiversity is reflected in the Biological Diversity Act (BDA) of 2002. This legislation governs the use of biological resources and ensures that benefits arising from their use are shared fairly and equitably. For inventors seeking to patent inventions involving biological resources, the Act mandates obtaining approval from the National Biodiversity Authority (NBA). This article explores the key aspects of the BDA, the role of NBA, and the process for…
The Great Indian Copyright Conundrum: Goa’s Circular on Wedding Music and the Legal Tug-of-War
September 26, 2024Intellectual Property Rights,Copyrights,Weekly (IP)DATEipr,Intellectual Property Rights,copyright,wedding ceremonies,copyright permissions for musical works
Goa, with its stunning beaches and lively festivities, has always been a popular destination for weddings and social events. However, a recent circular from the Goa government has stirred up a legal battle regarding copyright laws. This circular aimed to exempt wedding ceremonies and related festivities from the need to secure copyright permissions for musical works, citing the need to support local economic and tourism activities. But, as expected, this move has faced strong backlash from…
Want to Remix a Song? Make sure not to get tangled with IP Infringement
September 24, 2024Intellectual Property Rights,Copyrights,Weekly (IP)DATECopyright Infringement,intellectual property,license,ipr,Copyright Licenses,copyright,remix,songs,cover song
In this era of Millennials and Gen Z, Spotify and other music apps seems to be the go-to platform, with everyone tuning in to music. From vibing to popular tracks to setting the trends on Instagram reels, music has been intertwined into everyone’s life so much that even common people are involved in the trends industry. A significant aspect of this trend is the rise of song remixes, which, now accessible to anyone, have also led to an increase in IP infringement issues – particularly copyright…
Court orders revival of opposition abandoned for not filing evidence in support on time when Counter Statement was not served
September 11, 2024Intellectual Property Rights,Trademarks,IndiaOpposition,Trademark Office,Bombay High Court
The petitioner had opposed the trademark applications of Respondent No. 2 for the mark “Travel Fox,” alleging its similarity to Coaster Shoes' own registered mark, TRAVEL FOX. Despite filing the notice of opposition and following due process, the petitioner claimed that the counter statement from the respondent was never served on them, though a copy of the same was uploaded on the website of the Registrar of Trade Marks.