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intellectual property (IP)

11 May 2016

Phoenix Legal counsel Mukul Baveja has joined Shardul Amarchand Mangaldas as a salaried partner, according to his Linked-in profile as first reported by Bar & Bench.

09 December 2015

The Delhi high court has held a cyber-squatter guilty of misusing the name of Tata group chief Cyrus Pallonji Mistry by holding on to websites www.cyrusmistry.co.uk and www.cyrusmistry.co and has directed him to transfer both the websites to Mistry reported The Hindustan Times.

Justice Manmohan Singh observed in his judgment that the defendant, Aniket Singh has blatantly and illegally tried to capitalize on the goodwill of Mistry as he is a well known personality. Singh was also directed to deposit Rs 5 Lakh as punitive costs to the Delhi High Court library fund.

Apart from the obvious use of Mistry’s name, the conduct of the defendant in registering the domain name a month after he was announced to be the next CEO of Tata group and using “threatening tone” with the plaintiffs which made the intention of extortion clear, led the court to impose costs to Singh.

12 October 2015

The Delhi high court heard first arguments on Monday in the infringement claim by the US footwear company against two Indian rivals that have released similar plastic clog-style shoes.

Calling it a case of obvious imitation, Akhil Sibal, […] counsel representing Crocs India said, “I am in the market since 2004 and have a formidable reputation in the market. Uniqueness of the product which is the selling point of the product is the look of the product.”

- via Mint.

03 September 2015

The Delhi high court fined Ramgopal Varma and his production house a sum of Rs 10 lakh as punitive damages in a judgment in favour of Sholay Media and Entertainment by Justice Manmohan Singh on 24 August 2015, reported Asian Age and others.

Read judgment.

The suit was filed through Sascha Sippy, represented by Anand & Anand managing partner Pravin Anand and advocate Geetanjali Vishwanathan, while the defendants were not present and ex parte, according to the judgment.

It was held by the court that the Varma remake’s publicity material, movie, similar plot and characters along with the music, lyrics and background score and even dialogues from the original film Sholay, gave “an overall impression that it is a remake of the film Sholay” and, “amounts to infringement of copyright”.

The court held the defendants guilty of infringement which is, “a deliberate act to gain profits.” The court also said that, “the defendants have distorted and mutilated the original copyright work of the plaintiffs”.

The court passed the judgment which also barred the defendents permanently from manufacturing, selling, offering for sale or distributing any of materials involved with Sholay or the characters, music or the dialogues on top of the punitive damages and costs to be given to the plaintiff.

28 August 2015

Saikrishna & Associates managing partner Saikrishna Rajagopal won an order from the Delhi high court, modifying its earlier trademark injunction against German auto maker Audi from using the “TT” trademark, which was also used by Delhi-based garment maker TT Textiles.

24 August 2015

Intellectual property (IP) firm LexOrbis, which set up a Bangalore office in April, has merged with local IP boutique Inolyst, which was set up by Dilip Kumar.

12 August 2015

German auto maker Audi was restrained, ex parte, by the Delhi high court from using the trademark “TT” on its leather goods, after Delhi-based garment maker TT Textiles sued it for using its “multi-product global brand” trademark, reported Indian Express.

TT Textiles, of the TT vests fame, filed a trademark infringement suit for damages of Rs 25 lakh against Audi for “selling car and the related accessories with the mark ‘TT’ clandestinely in Delhi.” Advocate Shilpa Jain was acting for TT in the high court.

TT Textiles has used the trademark TT since 1968 and now has 87 registrations in 65 countries, while its turnover in the financial year 2013 to 2014 was Rs 754 crore, according to the order.

Justice Najmi Waziri ordered:

“This Court is of the view that the plaintiffs have made out a prima facie case for an ex parte ad interim injunction and in case such an order is not passed at this stage, irreparable prejudice would be caused to them. The balance of convenience too lies in favour of the plaintiffs.”

The case will be heard next on 2 November.

29 May 2015

Ranjan NegiFormer Amarchand Mangaldas Gurgaon-based IP partner Ranjan Negi, who resigned from the Shardul Shroff managed region of the firm last month, will join Shardul’s brother’s split firm Cyril Amarchand Mangaldas with his team of five.

13 November 2014

Shamnad Basheer has won the Infosys Science Foundation 2014 prize in the humanities category today.

The former NUJS Kolkata MHRD chair professor for intellectual property (IP), founder of the Increasing Diversity by Increasing Access (IDIA) initiative and the SpicyIP blog, was awarded the prize “for his contributions to the analysis of a range of legal issues, including pharmaceutical patent injunctions and enforcement”, according to Infosys’ press release.

He has in recent years been involved in the Novartis-Glivec patent case in the Supreme Court, as an academic intervenor, and in the Delhi University textbook photocopying case.

The prize, conferred on individuals in six categories, consists of a purse of Rs 55 Lakhs, a 22 karat gold medal and a citation certificate for each category. Nobel prize laureate Amartya Sen was on the six-person jury for the prize in the humanities category. In previous years the prizes have been won mostly by academics and professors.

18 September 2014

Candy CrushKhaitan & Co won a copyright infringement suit in the Bombay high court for once-$7.6bn King.com, the creator of the hugely popular mobile device game Candy Crush Saga .

09 May 2014

New LexOrbis partnersDelhi-based IP boutique LexOrbis has promoted Deepak Sriniwas, Rajeev Kumar, Amaya Singh and Pooja Dodd to salaried partner.

29 August 2013

Scanning Google’s fair use: Final arguments this week of Google's eight-year-long battle with US authors’ guild, which alleged copyright infringement by the search engine in scanning 20 million library books and and making them available online [Gigaom]

New IPAB chairman: Former Madras High Court justice KN Basha yesterday assumed charge as Chairman of the Intellectual Property Appellate Board (IPAB) in Chennai [BS]

Overweight convict disallowed lipo: The Bombay high court has refused to allow a 2005 Aurangabad sex scandal case convict, who is 27 years old and weighs 145 kg, to undergo weight loss surgery [DNA]

16 August 2013

 TN Daruwalla“…his life was gentle; and the elements so mixed in him, that nature might stand up and say to all the world ‘This was a man’…”
Mark Antony in Shakespeare’s Julius Caesar Act V Scene 5

08 August 2013

image K&S Partners – the intellectual property outfit of J Sagar Associates (JSA) – promoted three senior associates in its Gurgaon office to partnership effective 1 April 2013.

16 May 2013

hvty1mjd Remfry & Sagar has created a pre-partnership career rung, promoting four managing associates into the partner-designate position effective from 1 April 2013.

15 May 2013

GroverRemfry & Sagar IP lit and corporate commercial head starts firm.

30 April 2013

Copy wrong: Delhi HC rejects Delhi University students’ plea to vacate order restraining sale of on-campus photocopies of certain texts of the world’s biggest university publishers - Oxford University Press, Cambridge University Press and Taylor & Francis. 33 professors and authors had signed the petition opposing the order [India Today/Firstpost]

Competing demands: Competition Commission of India faces year-on-year increase in pendency since 2010-11, going from 79 to 74 to 70 to finally only 33 cases disposed of last fiscal. Currently 53 cases are pending before the CCI [Hindu BL]

Disability, no bar: Four orthopedically challenged persons win a writ in the Madras HC to consider them for civil judgeship under the disabled-category. [Hindu]

Multiplier unlocked: Holding as meagre a compensation of Rs 1.5 lakh to family of custodial death victim, the Madras HC hiked it to Rs 5.9 lakh using the “multiplier method” [New Indian Express]

Key typewriter jammed: Bandra, Bombay metropolitan magistrate keeps SEBI v Sahara matter hanging four months and adjourning hearings, because of non-availability of his stenographer and other court staffers. SC directs him to expedite the process [Mumbai Mirror]

Indo-Pak justice league: Former Delhi HC judge M A Khan, former Punjab and Haryana HC judges Amarbir Singh Gill and Amarjeet Chaudhary and former Patna HC judge Nagendra Rai have been appointed to the Indo-Pak joint judicial committee to look into steps for humane treatment and release of prisoners languishing in the jails of India and Pakistan [Indian Express]

Seriously lawyers, stop the striking already: Bar Council of India (BCI) and State bar councils can’t call strike and striking advocates are liable to disciplinary action, reiterates Allahabad HC [Express]

05 April 2013

ILI governatored: Delhi HC’s justice Gita Mittal, senior advocate Rakesh Munjal, CNLU Patna vice chancellor Prof Lakshmikanth and others elected to ILI governing council [ILI]

Right to AG info: RTI Activist SC Aggarwal appeals in Delhi HC against CIC decision holding attorney general’s office not “public authority” under the RTI Act. Senior advocate and additional solicitor general (ASG) Sidharth Luthra to reply for Vahanvati; next hearing 18 August [TOI]

Airtel 3G reamed: Reliance Communications wins embargo in Delhi HC on Bharti Airtel providing 3G roaming services in pockets for which it does not have the spectrum licence. A division bench overrules justice Rajiv Shakdher’s earlier order [IE]

Drugs are for losers: US drug maker Merck Sharp & Dohme could not obtain an interim injunction in the Delhi HC against Indian pharma co Glenmark on making and selling anti-diabetes meds [NDTV]

Azeri Ashwani: Indian law minister Ashwani Kumar signs Legal and Judicial Cooperation in Civil and Commercial Matters Treaty with Azerbaijan. Citizens of both countries can now (theoretically) obtain legal assistance in the other without any discrimination [PIB]