Trademarks – Not every domain name entitled to trademark protection
7 October 2016
Bombay High Court has refused to grant an interim injunction in a suit for trademark infringement and passing off in favour of the plaintiff, who is the registered proprietor of the mark and domain name “shaadi.com”. The Defendant, was sought to be restrained from using the domain name secondshaadi.com in any manner, including a...
Copyrights – Photocopying of portion of book when is not infringement
7 October, 2016
Delhi High Court on 16-9-2016 has held that action of the University (defendant) of making a master photocopy of the relevant portions of the books purchased by it and keeping in its library, making further photocopies out of the said master copy and distributing the same to the students does not constitute infringement of copyright ...
Copyright of author in a song and sound recording, prior to 2012 amendment
7 October, 2016
The Supreme Court on 20-9-2016 has held that prior to the amendment in 2012, to the Copyright Act, 1957 the author of copyright in a work (song) could not claim royalty for further exploitation of derivative work (sound recording). The appellant was aggrieved over the decision of the Division Bench which upheld the order of the Single Judg...
Websites containing pirated/illegal content to be blocked, and not URLs alone
14 September, 2016
The Division Bench of the Delhi High Court has allowed the review petition and recalled its order dated March 10, 2016 which restricted the span of the ex-parte ad-interim injunction by directing that the specific URL should be blocked. The Court restored the ex-parte order granted by the Single Judge that the entire w...
Trademarks – No case of passing off in use of word ‘Privee’
14 September 2016
The High Court of Delhi on 8-8-2016 has dismissed the suit for permanent injunction to restrain the defendant from using trademark “PRIVEE” or any other trademark or logo / device which is identical or deceptively similar to the plaintiffs’ trademark “MBD PRIVE” and “PRIVE” or which incorporates ...
Trademarks in domain name – Bonafide adoption of corporate name as domain name, correct
14 September, 2016
In a suit alleging trademark infringement, dishonest adoption and passing off, where the cause of action arose out of use of a domain name, the Bombay High Court on 20-7-2016 has held that every domain name cannot form subject of trade-mark protection. The Court was of the view that use of the mark “Raymond” by the defendant...
Stay of Proceedings where validity of registration of trade mark questioned
5 September 2016
In the matter of FAO (OS) No. 717/2010 involving Times Publishing House LTD and Financial Times Ltd & Ors., a Divisional Bench (DB) of the High Court of Delhi, on 29 August 2016, sustained the order of the Single Judge dismissing the application under Section 124 of the Trade Marks Act, 1999 made by Times Publishing House Ltd (Times, hereinaf...
Patent (Amendment) Rules, 2016
20 May 2016
On May 16, 2016, India brought in various changes to the Patent Rules, 2003 making it more aligned with use of technology like mandatory e-submission of documents and hearing through video-conferencing besides changes in procedure and providing for expedited examination and so on.
Some of the important changes are:
Trademark – Non-receipt of consideration for assignment not relevant when same registered
20 May 2016
The Delhi High Court has held that even in case of non-receipt of consideration for assignment of the trademark by the assignor, unless the entry made in the Trademark Register is removed by the appropriate authority, the assignor has no right to infringe the same very mark which is assigned by him. The court on 22-4-2016 in the case of Sa...
National IPR Policy announced
20 May, 2016
The Ministry of Commerce and Industry of the Government of India released the much awaited National IPR Policy (“the Policy”) on May 13, 2016, with a vision to transform India as a knowledge economy. Under the tag line “Creative India; Innovative India,” the Policy hopes to catalyse the innovation ecosystem towards India&rsquo...
Arbitration of copyright issues, permissible
19 May 2016
Bombay High Court has held that copyright issues that arise out of an agreement between parties are subject to arbitration, provided the arbitration clause in the agreement encompasses the same. The court while allowing the matter for arbitration, observed that Section 62 of the Copyright Act, 1957 and Section 134 of the Trademarks Act, 1999 d...
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