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An estimated 2-minute read

High Court dismisses Apple’s petition, allows Poonam Pandey to i-tweet.

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July 10, 2012. Law City, Legally Weird News Network



The day finally arrived when the High Court of Lawland State delivered the judgment on the much followed case of Apple Inc. v. Poonam Pandey. In an maajor relief to the respondent, High Court refused to grant an injunction against the usage of Twitter profile of the proclaimed Sasha Grey of India, budding model Poonam Pandey ipoonampandey” and observed that the same did not in any manner result in a passing-off of their products with the initials ‘i’.

Apple Inc. had claimed that the term ‘i’ was very phenomenal and intrinsic to the identity of their products and the its usage by her has proved to be detrimental to their reputation in the market. They told Court that people had started recognising her profile page as an Apple’s web application for soft porn. To justify their claims they produced a recent study by a famous survey and ranking magazine called Lawland Today which depicted the decline in the sales among families with traditional religious values.

However the defence for Miss Pandey rejected all of their claims and submitted that she had built her reputation in the market with hard work and held respect there. They submitted that a profile with initials as ‘i’ was a showcase of a strong and unique personality and had nothing to do with the Apple Inc. They also cited examples of other products such as ‘i-pill’ and said that Apple Inc. alone cannot rightfully claim all its usage.

The final judgment came after a long series of proceedings during which Apple’s plea for making Twitter Inc. a party and Pandey’s plea for her Right to Trade and Commerce under Article 19(1)(g) were turned down.

Sr. Adv. A. M. Singh (not to be confused with Singhvi) appeared for the defence. Apple was represented by LegalEagle and Associates. They had earlier chosen a foreign firm specialised in IPR and Cyber laws to represent themselves but later chose not to do so to avoid unnecessary controversy.

Speaking to us, Miss Pandey claimed this to be the victory of the modern young generation. On being asked if she knew about IPR Laws she laughed and said she uses © symbols in her bikini pics and that’s all she knows.

 


Legal Disclaimers:
  1. Each and every line above is fake and we expect no suits for defamation.
  2. Legally Weird should not be confused with Legally India’s Legally Wired.

Author is founder of Lexcetera (www.lexcetera.com) and connects with Law Community through his Facebook page ‘Law School Tips’ (www.facebook.com/lawschooltips).

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