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Associate Blogs

Samsung & LG Sued by Haier


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On 25th August, 2017, a lawsuit was filed against Samsung, LG and few other over their monopoly on patents related to the production of televisions with a New York Court, by a Chinese television manufacturer, Haier.

In court, Lawyers of Haier claim that Samsung & LG pay a patent licensing company named MPEG LA too much for royalties for patents required by ...

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NOKIA OFFERS FOR SALE ALMOST 6000 PATENTS


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On 25th August, 2017, Nokia Corporation has offered for sale more than 6000 Patents, which were developed by Alcatel-Lucent. Nokia acquired the same, when they acquired Alcatel-Lucent (for roughly $17 Billion). As per a transaction firm, Nokia will be selling the Patents through investor pool to venture backed startups.

This sale will help startups in the same ...

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UNDERSTANDING SECTION 2(1)(J) OF THE PATENT ACT, 1970


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Chapter I of the Patent Act, 1970 deals with the patentability of an invention, it helps Patent Office and Courts to determine whether an invention is worthy of a patent in India or not. Section 2(1) (j) of the Indian Patent Act, 1970 defines invention as “Invention means any new and  useful—

  1. Art, process, method or manner of manufactur ...

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ALEO CANDY IS A PATENTED CANDY


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On 7th August, 2017 a candy made out of Aloe Vera got was granted a patent by the patent office in India. Dr. MM Azam, inventor of this candy got a patent after almost 9 and half years of waiting. The patent was granted for 'preparation and method of processing of Aloe vera candy from Aloe vera plant.'

In an interview Dr. MM Azam said that "Aloe ge ...

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Understanding Section 3(d) of the Patent Act, 1970


Section 3(d) of the Patent Act, 1970 state that “…mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new p ...

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Apple v/s Nokia patent fight


Nokia’s 2nd quarter saw an unaccounted income of 2 Billion USD. Many questions were raised regarding the same. To which Nokia issued an official statement in Nokiamob.net, Nokia’s official website, in which they stated that the cash flow of 2 Billion USD was the settlement amount paid by Apple to Nokia for a patent infringement case which ...

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Paramount Surgimed Limited vs Paramount Bed India Private


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Facts: The defendant, a Japanese company, adopted the PARAMOUNT mark in 1987 for its business in hospital beds and holds registrations of the mark in other countries though not in India. Plaintiff is the registered proprietor of mark label PARAMOUNT under clause 10 (surgical, medical, dental etc.) as also in class 20 (furniture, mirrors, picture f ...

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PROVISIONS AND REMEDIES FOR UNFAIR TRADE PRACTICES IN CONSUMER LAW


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The most important aim of consumer law is to protect the interest of innocent consumers who have been wronged by the sellers in terms of quality, quantity, price etc. In India, Consumer Protection Act, 1986 was enacted to achieve this aim.

Who can file a complaint?

Under the Consumer Protection Act, consumer is defined under Section 2 ...

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Remedies Available For Copyright Infringement in India


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A copyright is a legal device that gives the creator of a literary, artistic, musical, or other creative work the sole right to publish and sell that work. Copyright owners have the right to control the reproduction of their work, including the right to receive payment for that reproduction. An author may grant or sell those rights to others, including publishers or reco ...

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Provisions in IPC against selling and manufacturing of counterfeit products


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Introduction:

The issues of counterfeiting and infringement have been increasing with a great pace since past few years and have attracted serious concerns of the law makers around the world towards themselves and if we take this to the Indian perspective for this there are relief provided in various statues such as The Copyright Act, 1957, The ...

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Bright Enterprises Private Ltd. & Anr. v. MJ Bizcraft LLP & Anr. (04.01.2017) (Delhi HC)


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FACTS 

  • The plaintiffs claimed that their MBD PRIVE and PRIVE was infringed by the defendants because they were using trademark ‘PRIVEE‘ which was deceptively similar to the plaintiff’s trademark. 
  • The plaintiffs were engaged in Hotel Business. The defendants ...

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Sunil Mittal v. Darzi on Call (19th April 2017) (Delhi HC)


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Facts

  • Mr. Sunil Mittal and Darzi India LLP were registered proprietors of the label/ trade name ‘THE DARZI’ under class 24 for their tailoring services/ draping and marketing of all kinds of textile goods. The artistic work of the label/trade name was also registered under the Copyrights Act, 1957.   
...

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Gulshan Khatri v. Google Inc. (Delhi HC) (20.03.2017)


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Facts:

  • The IN registry created by NIXI (National Internet Exchange of India) aims at improving internet services in India. Every domain name ending with .in has to be registered with IN registry.
  • At the beginning, the registry started with a sunrise period to enable the already existing trademark/ service mark holders to get ...

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People Interactive (India) Pvt. Ltd. v Vivek Pahwa & Ors. (14th Sept 2016) (Bombay HC)


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FACTS

  • The plaintiffs belong to the People Group of Companies which owns various trademarks, brands and well known websites.
  • One of such websites is www.shaadi.com and www.shadi.com. Both of these domain names are registered by the plaintiff.
  • The defendants were engaged in the use of website named ‘www. ...

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SEVEN TOWNS LTD & ANR v. M/S KIDDILAND & ANR (6th Sept 2016) (Delhi HC)


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FACTS

  • The plaintiff No.1, Seven Towns Ltd. is a company incorporated under the laws of England and is world renowned in connection with the manufacture and distribution of a wide range of leisure products inter alia including the world famous Rubik's Cube. 
  • Plaintiff No.1 is worldwide the owner of the trademarks RUBI ...

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Sanyo Electric Company vs. State 2011 (45) PTC 55 (Del.)


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ISSUE

Whether proviso to Section 115(4) of TM Act is applicable to search warrants issued by the Courts under Section 93 of Code of Criminal Procedure? (Whether the opinion of Registrar is required even when the search warrant is issued by the court u/s 93?)

OBSERVATION

The court started with the interpretat ...

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My Caring Brands

Brands and Fakes has aligned the capabilities of the service delivery eco system with the industry verticals, so that the Brands under various industry verticals and sub verticals are able to get services from expertise in their specific domains.

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