Weekly Review (2nd June to 8th June, 2014)
We started this week with Gopika’s post on the dispute between Anchor Health and Proctor and Gamble over the mark ‘ALL ROUND’ that was applied to their respective toothpaste products. She notes that...
View ArticleThe Whirlpool-Videocon Designs Saga- Part I
At the end of May, the Bombay High Court pronounced judgment on a Notice of Motion in the matter of Whirlpool of India Ltd. v. Videocon Industries Ltd. The main issues in this case were twofold, first,...
View ArticleSpicyIP Weekly Review (9th June to 15th June)
The week was a relatively slow one at SpicyIP. The first story to be reported this week was Spadika’s post on Atlantic Industries v. Simon Food Processors, a May 2014 judgment where the Delhi High...
View ArticleRights of Tattoo Artists
The Wall Street Journal recently carried a thought-provoking article on copyrightability of tattoos by tattoo artists; the article examined the issue in the context of incorporation of tattoo designs...
View ArticleThe Path to Innovation is Open Models and not IP: India at WTO Trips Council
On 11th June, 2014, at the WTO TRIPs Council, India made a strongly worded intervention when the agenda of ‘Intellectual Property and Innovation: Innovation Incubators” was tabled by the United States...
View ArticleMickey Mouse Trouble: Disney obtains a host of injunctions and damages for...
India’s neighbourhood lanes have ample number of ‘fancy stores’ and stationary shops that are brightly lit and filled with goods catering to the demands of school going children. Since children love...
View ArticleThe Whirlpool-Videocon Designs Saga-Part II
As promised in my previous post, today’s post looks at the three defenses of functionality, novelty and two design registrations by the Plaintiff with minor modifications on the same day, which were...
View ArticleGuest Post: And we thought Java API’s were open?
Tarun Khurana brings us a guest post looking at the recent Oracle v. Google decision decided by the US Federal Circuit. The ruling, holding that Oracle can claim copyright to Java APIs subject (subject...
View Article(C)Leaning Up India’s IP Dispute Resolution Framework
The recent Supreme Court decision in the controversial Enercon saga (Alloys Wobben vs Yogesh Mehra) is a significant milestone for Indian intellectual property law. For a succinct summary of this case,...
View ArticleEnercon and Positive Patent Perception
The recent Enercon decision by the Supreme Court will go down as a landmark judgment. For a succinct summary of this decision, see Aparajita’s post here. And for a review of this decision and some of...
View ArticleDelhi High court orders Roche and Cipla to mediate in Erlotinib (Tarceva)...
After fighting a long drawn out patent battle over Erlotinib (Tarceva), in an interesting development the Delhi High court has ordered Roche and Cipla to engage in mediation. The Erlotinib patent case...
View ArticleBe Very Evil
About a month ago, Google Inc. was the victim of some good-humoured lampooning at the hands of Peng! Collective, a German activist group, which believes in “subversive direct action, culture jamming,...
View ArticleDelhi High Court Grants Punitive Damages Ex-Parte in Two Cases
The Delhi High Court through J. Sistani delivered two judgements in trademark passing off and infringement suits that imposed punitive damages upon the defendants for their actions. In both situations...
View ArticleINTA’s 136th Annual Meeting- a Summary
Earlier last month, International Trademark Association (INTA) successfully concluded its 136th Annual Meeting. SpicyIP is glad to bring to our readers some of the highlights of the event, as...
View ArticleSpicyIP Weekly Review (16-22 June, 2014)
The SpicyIP Story of the Week is that Roche and Cipla have been ordered by the Delhi High Court to engage in mediation. It was noted by Madhulika in the post that with the ruling, while an opportunity...
View ArticleCall for Natural Justice Fellowship Program Applications and Internship...
Natural Justice, a reputed international NGO working towards biodiversity conservation and strengthening local communities, has called for applications for the Natural Justice Fellowship Program and...
View ArticleSPICY IP TIDBIT: Zee News’ YouTube Channel Terminated Briefly
Recently, Zee News (one of India’s leading news channels) found itself in a soup when its YouTube channel was terminated by YouTube amid “multiple third-party notifications of copyright infringement.”...
View ArticleGuest Post: When (C) meets CM
Yesterday, the Hindu carried an article on what seems to be some egregious copyright claim over some classical Carnatic compositions. Much earlier, Sumathi had written a post for us on the bootlegging...
View ArticleTesla motors open source initiative and the Future of Intellectual Property
Recently in a welcome development Tesla motors made an announcement that it will not initiate lawsuits against anyone who in good faith wants to make use of their patented electric car technology....
View ArticleIntroducing Prashant’s article in LI on judicial reforms
Prashant has recently given an excellent opinion in LI titled ‘To fix the most fundamental problems of the Indian judiciary, we must finish what Fali & others started’. As someone who advocates...
View Article