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3. It’s all about evidences for the determination of ‘well-known mark’: M/S.N.Ranga Rao & Sons vs M/S.Shree Balaji Associates

Category: Intellectual Property

Date: Jul 30,2018

Posted By: admin

The Madras High court made a significant observation that a mere passing reference cannot determine a ‘well-known’ trademark as defined in section 2(1(zg) of the Trademark Act 1999 and Rules 2000. In order to determine a well-known mark, the necessary findings in the form of evidence and documents has to be produced. Otherwise, the mark cannot be accepted as being well known.

The petitioner is engaged in the business of manufacturing and marketing incense sticks and dhoop sticks. The adopted ‘Cycle’ brand name and being using the same since 1954. This house mark with device of cycle is registered under all the 34 categories of trademark classifications(as per Tradeamark Act 1958).

The respondent applied for ....

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India harnessing IPR..... India witnessing IPR.

Category: Intellectual Property

Date: Oct 22,2018

Posted By: admin

In what could be called as a tangible growth in IPR, is evident by the response that india is experiencing during the recent months.

Cell for IPR Promotions and Management(CIPAM) has approved Technology and Innovation Support Centre(TISC) at Rajasthan council of S&T. TISC is a part of WIPO(World Intellectual Property Organisation) and Department of Industrial Policy and Promotion initiative under National IPR policy 2016.

The centre is designed to provide access to services like thematic search, technological trends, patent map, freedom to validate or exploit patent, bibliographical and stastical data and patent infringement among others. Rajasthan is the sixth state to whom TISC has been approved along with Andhra ....

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Entrepreneurs End Up Choosing A Name For Their Business Or Product Line That Are Too Close To An Existing Trademark Used For Similar Goods Or Services

Category: Intellectual Property

Date: Oct 26,2018

Posted By: admin

Entrepreneurs end up choosing a name for their business or product line that are too close to an existing trademark used for similar goods or services. However, similarity of the name or likelihood of confusion is not the only factor to consider when adopting a trademark.

One should also consider the inherent distinctiveness of their trademark and more importantly to find out whether one's trademark will get rejected on the grounds or mark being generic or merely descriptive.

Merely descriptive marks may be capable of registration on the Principal Register if they have acquired secondary meaning, or acquired distinctiveness. Without such acquired distinctiveness, a merely descriptive mark may be rejected by the Examine....

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The Idea-Expression dichotomy

Category: Intellectual Property

Date: Jan 23,2019

Posted By: admin

The recent case of Zee entertainment v/s Sony pictures is a classic case of a concept or idea which is already in public domain cannot be registered under Copyright. Ideas as such cannot be registered under copyright. The Plaintiff claims that their popular televised show which is as talent hunt for children has been copied by the Defendant and hence infringed the plaintiff's copyright.

According to the "originality" meaning of copyright, Auditioning is the only process involved towards selection of a winner from a larger crowd. Their is no other method involved apart from the one mentioned above. Therefore there cannot be exclusivity in this. There is no doubt that copyright can vest in an original concept note as origin....

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FRAND v/s Compulsory licensing.

Category: Intellectual Property

Date: Jan 23,2019

Posted By: admin

The concept of Standard Essential Patents (SEP) is emerging in India and gradually gaining popularity with Philips gaining victory in the suit filed by them. Philips being a SEP holder initiated SEP litigation in India.
The SEP is the set of "standards" or "industry standards" or "technology standards" that needs to be met so that a product or process functions in a specific manner. They specify the requirements that has to be met by the manufacturer of the given product/s. Industries like for example mobile phones, tabs etc have to use technologies that are governed under SEP. Similarly in the industries of telecom their are two technologies covered under SEPs Code Division Multiple Access(CDMA) and Global System for Mobil....

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