Interpreting ‘articles that infringe’
13 August, 2015
Two developments regarding investigation under 19 U.S.C. § 1337 (Section 337) covering Unfair practices in import trade including ‘articles that infringe’ a valid enforceable US patent, are of interest.
Suprema Inc. v. ITC
Trademark & copyright – Jurisdiction for filing suit against infringement
22 July, 2015
The Supreme Court of India has held that suits against infringement of trademark and copyright can be instituted only in the District Court that exercises jurisdiction over the place where the cause of action (in whole or in part) arises, in the case where the plaintiff instituting the suit has an office in that jurisdiction. In Indian Performing Rights Society<...
When an interlocked toy is not essentially interlocked
19 June, 2015
A toy can be in any shape. Toys have provided enough infotainment from children to pets, to customs lawyers if one recalls the disputes over classification of Halloween costumes and flying discs for dogs to play with (HQ H240490, Canine Hardware Inc) and of course IP lawyers. So the CJEU in Best-Lock v. OHIM was not dealing with a novel situa...
Copyright law does not bar remedy against breach of confidence
19 June, 2015
In a suit involving breach of confidence action which also alleged infringement of copyright, the Bombay High Court has granted interim injunction restraining the defendant from releasing the offending film alleged to be based on the script/screenplay of the plaintiff. Noting differences between the statutory right of protection of copyright and the common law right...
Trans-border reputation of trade mark
22 May, 2015
The IPAB has held that mere filing of applications or obtaining certificates of registration for the impugned trade mark from some countries will not be sufficient to establish trans-border reputation. The applicant (for rectification), an overseas supplier of handcrafted beds alleged that the respondent had registered the trademark by dishonest adop...
Trademarks – Comparative advertising when not disparaging
28 April, 2015
In the dispute wherein the petitioner had impugned the defendant’s advertising campaign comparing their product with that of the petitioner, the Delhi High Court has held that a comparison, which is unfavourable to a competitor, does not necessarily mean that it is dishonest or unduly detrimental. Dismissing the application contending d...
Achieving a fanciful distinction
Every seller, perhaps, fancies being distinctive and successful and the applicant in re Frankish Enterprises Ltd (decided in 27-2-2015) certainly got the combination right. The TTAB reversed the refusal to register a mark consisting of a truck cab body in the design of a fanciful, prehistoric animal with the word JURASSIC ATTACK. The registration was sought for entertainment ser...
Digital reproduction can be subject to private copying levy irrespective of actual use
23 March, 2015
Answering a reference from the Danish court the CJEU held that Information Society directive does not preclude national legislation, which provides that fair compensation to be paid to right holders, from levying the same in respect of multifunctional media such as mobile telephone memory cards, irrespective of whether the main function of such media is to make such copies and ...
Copyright and the human right to protection of authorship
23 March, 2015
The UN Special Rapporteur in the field of cultural rights has submitted a report on ‘Copyright policy and the right to science and culture’. The report states that copyright laws and international treaties in the present form are insufficient to protect the human right to protection of authorship. The report calls for a rethink on the accepted ideas that protecting economic int...
IPAB Members – Madras High Court rules on constitutionality of qualification criteria
23 March, 2015
In January, 2011 the Madras High Court admitted a PIL (Shamnad Basheer v. Union of India - W.P. 1256 of 2011) challenging:
(a) The constitutionality of the qualification criteria of the members being appointed to the Intellectual Property Appellate Board (IPAB); in particular the objection was against the appointment of bureaucrats with no judicial or litigation experience as...