Mock Case (Copyright Law): Bright Walker Productions Pvt. Ltd. v Mr. Samuel Jackson

Bright Walker Productions Pvt. Ltd. v. Mr. Samuel Jackson

(This imaginary problem was drafted for the ILS Intra College Novice Moot Court Competition 2015 by Ritvik M. Kulkarni and Yojit Pareek, students of the ILS Law College, Pune, India. This problem may be reproduced by any person for educational and other non-commercial purposes, provided the authors are duly accredited as authors)

Bright Walker Productions Pvt. Ltd (the Company) is a production house with its registered office in Mumbai. The Company created, produced and marketed a television series named Dorne to Dusk with Marshall Mathers (DDMM) (the Show) which first aired on 09th February 2014. Continue reading

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Case Note: Havells (vs.) Eveready to Play Spoiled Sport!

Aishwarya Bedekar, IV BSL LLB, ILS Law College, Pune

In the present case, Havells v. Amritanshu Khaitan, the Plaintiff Company filed a suit for permanent injunction against the Defendant Company restraining them from publishing misleading advertisement that led to disparagement and misrepresentation. The image of the impugned advertisement is given below:

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This Just In: Hindustan Unilever, Gilette Finally Bury the Hatchet in a 6-Year Old Trademark Dispute Over 7’O Clock

Harish Adwant 

Hindustan Unilever (HUL) and Gilette Co. penned the terms of settlement in a prolonged trademark battle arising in relation to the 7’O Clock label, with or without the device of Sun. Consequent to the substantial delay of 6 years, the parties managed to resolve the dispute without any judicial intervention.

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This Just In: Flipkart-Sellers’ Racket Busted by MIDC Police

Harish S. Adwant

Enforcers of Intellectual Property Rights (EIPR), India’s largest investigation agency specialising in anti-counterfeiting solutions, busted a racket of counterfeit goods hoarded and circulated e-business retailers. MIDC police, along with special EIPR assistance, raided an authorized dealer of Flipkart and Snapdeal and impounded a wide range of counterfeit products from his godown in Mumbai.

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Internship Experience @ R.K Dewan & Co., Pune || Decent Work, No Stipend

Name of law firm: R.K Dewan and Co. at Model Colony, Pune Continue reading

This Just In: For Microsoft Skype, the “Sky” is limited!

Sky-TV-Company-and-Skype-Sky-television-vs-Skype-Video-Chat-Service-Sky-TV-Logo-and-TV-Service-575261-590x250

By Ritvik M. Kulkarni 

In a decade-old trademark tussle between Microsoft and BSkyB, the latter has prevailed over the use of the word SKY in the market. Owned by Rupert Murdoch, BSkyB is a British television broadcasting company which procured trademark registrations its brand-name “Sky” long before Microsoft came up with its online communications service named “Skype”.

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This Just In: Michael Jordan takes Qiaodan Trademark Dispute to Chinese Supreme Court

By Ritvik M. Kulkarni 

Famous basketball player and Charlotte Hornets owner Michael Jordan has had it with Chinese Sportswear company Qiaodan Sports. In basketball-crazy China, Jordan is referred to and pronounced as Qiaodan.

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An Insight into Sound Trademarks (Part-II)

By Ritvik M. Kulkarni, III BSL LLB, ILS Law College, Pune 

Examination of a Sound Mark

Section 2(1)(i)(viii)(zb) of The Trade Marks Act, 1999 defines “trade mark” as a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colors. Therefore prima facie, graphical representability is a sine qua non for obtaining statutory protection in India. Concurrently it is also required under the trademark laws inter alia of Australia[1], Canada and Japan.

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An Insight into Sound Trademarks (Part-I)

By Ritvik M. Kulkarni, III BSL LLB, ILS Law College, Pune 

A sound trademark is a unique sound which performs the function of distinguishing the goods / services of their manufacturer or service provider from those manufactured by all others. The scope of sound trademark may vary from a musical note (such as Intel’s jingle) to a non-human sound note (such as a MGM’s Lion Roar).

An unregistered trademark can be protected in several jurisdictions through an action for passing off, but a registered trademark is in a far better position as it receives statutory protection. In order to get a trademark registered, one is ideally required by the concerned Trademark Authority to supply a graphic representation of the proposed mark. While compliance with this requirement is fairly simple for word and device marks, it may prove as a barrier for registration of non visual marks such as those for sound, color, scent etc

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This Just Going Bananas: Kerala’s Changalikodan Banana Granted Geographical Indication Rights!

 By Ritvik Kulkarni, 

The Changalikodan Banana Growers Association, Erumapetty in Thrissur, and Intellectual Property Rights (IPR) Cell of the Kerala Agriculture University made a successful attempt to get the Changalikodan Banana registered in the Indian Geographical Indication Registry.

A GI is a status awarded to a product which possesses special qualities that are distinct to its territory of origin. Once granted, only those products which are produced in the said territory are permitted to claim origin from there. This ensures greater market exclusivity and improvement in marketability. Unlike individual rights granted by a copyright or patent,  geographical indication is a community right grant. Only the registered trade association can bring an action for infringement of a geographical indication. In the present context, if a trader from the State of Maharashtra in India sells a Banana from his State as a Changalikodan Banana, or if he claims the use of Changalikodan Bananas in any product, he will be liable for infringement of GI as he was in fact not using Bananas produced in the specific region in Kerala.

The Changalikodan Banana is heavily in demand as offerings on festive occasions in Kerala such as Onam. It is offered to the Divine Kazhchakula at temples throughout the State. Apart from this, the distinctively amazing taste, composition and other nutritious qualities are a few reasons for its raging popularity both inside and outside the State. Be sure to grab a bite of our very own GI protected bananas!