The Intellectual Property Law Blog

GUCCI’S IP Misstep

 

 

By Raashi Jain

 

31 May, 2016

 

In the past few decades, importance of intellectual property has gone through the ceiling. In order to protect their intellectual property, businesses have started taking proactive measures to stop anyone who misuses their intellectual property, be it trademarks, copyright, or patents. However, sometimes these pro-active measures can backfire. Continue Reading

 

 

 

Stairway To Trial – Led Zeppelin Number In Copyright Trouble.

 

 

By Divya Srinivasan 

 

31 May, 2016

 

Led Zeppelin carved a niche for themselves in early 1970’s and is one of the bands which still continue to plague various music playlists. The song ‘Stairway to Heaven’ released in 1971 by the band from the ‘Heart’ album is highly popularised and idolized by people across all ages, sensational even after 45 years! Continue Reading
 

 

 

5 dangerous intellectual property mistakes that might kill your startup

 

 

By Marcus van GeyzelMalaysian Lawyer

 

26th February, 2016

 

The last few years saw a proliferation of startups in Malaysia. You can eat your Dah Makan lunchbox, then GrabCar to your KFit class decked in your Ash Be Nimble active wear. If you are an aspiring entrepreneur or the founder of a fresh startup, you must be extremely careful when navigating the intellectual property minefield, and not overlook the importance of securing the intellectual property rights of your business. Continue Reading

 

 

 

Tweet Twitter Tweeted: Can Copyright Protect Tweets?

 

 

15th February, 2016

 

By Manisha Singh

 

We live in a world where people nd it imperative to share their thoughts, even if inane. The success of social networking websites such as Twitter is a clear testament to this need. However with the arrival of Twitter – one of the largest social net- working websites, with some 320 million users – new intellectual property issues were bound to rise. Continue Reading

 

 

 

Radix vs Iron Man: The Copyright Fight!

 

 

15th February, 2016

 

Comic fiction has always been popular with people across various generations and ages. Disney and its subsidiary Marvel, Warner Bros. and its subsidiary DC Comics, amongst others, have brought out the real heroes, protagonists and action sequences alive from the comic books and fiction books’ pages. Along with it intellectual property rights, particularly trademark and copyright infringement litigations, have emerged as well making headlines. Continue Reading

 

 

 

Happy Birthday Song Belongs To The Public!

 

 

15th February, 2016

 

By Shristi Bansal

 

The most celebrated birthday anthem, the ‘Happy Birthday’ song is in its last leg to settle the copyright dispute. For generations this song which has been sung to and by almost every person every single year of his or her life has made millions of dollars for its copyright owners Warner Music. It has been estimated that Warner Music made US $ 2 million in the form of royalties every year by claiming it to be a valid copyright holder. Contiune Reading
 

 

 

Copyright Takedowns in China, Part IV: Whatever You Do, Register Your Copyrights First

 

 

28th January, 2016

 

By Mathew Alderson

 

This is the fourth in a series about online copyright takedowns. Copyright Takedowns in China was a general summary of the regulations that establish the takedown procedures. These regulations enable enforcement of the “right of communication through an information network” as it applies to sound recordings and audiovisual recordings. Copyright Takedowns in China Part II: Searching, Linking or Storing? looked at how providers of storage space encounter more liabilities than those merely providing searching or linking services. The application of the takedown regulations to cloud service providers was covered in Copyright Takedowns in China Part III: Audiovisual and Sound Recordings in the Cloud. Continue Reading

 

 

 

But First Lemme Take A Selfie II.

 

 

25th January, 2016

 

By Neharika Nainta

 

As you may remember from our post, dated October 13, 2015, that a lawsuit was filed by People for the Ethical Treatment of Animals (PETA) asking the U.S. Federal Court in San Francisco to declare Naruto (then 6 year old), free-living crested macaque monkey who took selfie photographs should be declared the copyright owner of the photos. Continue Reading

 

 

 

SUPERMAN vs. SUPERDAD:Super Parody?

 

22nd January, 2016

 

By Divya Srinivasan and Vatsal Dhar

 

 

Co-authored by Ms. Divya Srinivasan, LexOrbis Associate and Mr. Vatsal Dhar, fifth year student of Symbiosis Law School, Noida Humorous jibes and takes are common these days, especially a Parody. Under the law point of view, Parody in the literal sense refers to a work, which humorously or critically comments on an existing work with the sole intention of exposing the flaws of the original work. Continue Reading

 

 

 

Jeb Bush & His Trademark Woes!

 

 

6th January, 2016

 

By Raashi Jain

 

John Ellis ‘Jeb’ Bush,better known as the brother of George W. Bush, than as the presidential hopeful for the US elections 2016,has been going through a rough time. With his chances to be the next President of the United States taking a dive, so are his aspirations to trademark ‘Jeb!’. Continue Reading

 

 

 

Mercedes Sues Its F1 Engineer For Spilling The Beans!

 

6th January, 2016

 

By Shristi Bansal

 

In yet another alleged incident of high profile espionage in the world of Formula One racing, Mercedes AMG High Performance Power-trains (hereinafter ‘Mercedes’)has filed a lawsuit against one of its Formula One engineers for divulging confidential information to its competitor, Ferrari. Mercedes has alleged that the engineer, who was involved in their dominant engine programme,was wrapping up his term and was due to join Ferrari after the expiration of his current contract.The accused had applied for a resignation and since then Mercedes withdrew all confidential information from his custody. Continue Reading

 

 

 

Ericsson And Apple Are Friends: An X’mas Miracle?

 

6 January, 2016

 

By Divya Srinivasan

 

Ericsson and Apple are known for their famous patent litigation wars and animosity over the same. But this time, when north met south, it didn’t create pandemonium but instead slipped through the patent war history cracks and signed up for friendship. Continue Reading

 

 

 

Taylor Swift, So IP savvy

 

29th December, 2015

 

By Raashi Jain

 

Is Taylor Swift going overboard? With her incessant trademark applications, this question has been on the tip of everyone’s tongue. Recently, through TAS Rights Management LLC, her IP management Company, she has filed trademark applications to register ‘1989’, ‘Blank space’, ‘A girl named girl’, ‘I’ll write your name’ and ‘Swiftmas’. Contiune Reading

 

 

 

Subtweet No More.

 

19th December, 2015

 

By Raashi Jain

 

The human need to share one’s opinion and views is the reason why websites like Twitter are succeeding. Founded in 2006, Twitter has rapidly become one of the most popular social networking websites, providing millions of people with a platform to share their thoughts. Contiune Reading

 

 

 

Google’s Patent Draws Blood Albeit Pain Free.

 

19th December, 2015

 

By Divya Srinivasan

 

How would you feel if every time you went to the hospital or clinic or donated blood or wished to monitor your health, there will NOT be any prickly needles poking you to collect a sample of your blood? If recent reports are to be believed, Google has recently been in the news regarding a patent for a wearable device which allows it to draw samples of your blood without usage of needles. Continue Reading

 

 

 

Unauthorized Use IN ‘N’ TM Infringement Suit OUT

 

16th December, 2015

 

By Raashi Jain

 

Over the past few years, worldwide, there has been a steady increase in the number of IP suits being instituted. Adding to the already existing plethora of cases is In-N-Out Burger (hereinafter, the ‘Plaintiff’), the popular fast food chain, which has filed a complaint in United States District Court Central District of California, against DoorDash (hereinafter, the ‘Defendant’), a food delivery service, which assures delivery of the food within an hour from different restaurants. The complaint was filed on the grounds of trademark infringement, false designation of origin and unfair competition. Continue Reading

 

 

 

China - In Vino Veritas: The Next Vintage – The Future Of Wine Anti-Counterfeiting 

 

13th December, 2015

 

By Alex Bayntun - Lees

 

Wine counterfeiting in China is at a critical stage for the European wine industry. In recent years we have had a taste of what Chinese consumption means to the European producers, with over a quarter of a billion litres of European wine consumed annually by what represents only a fraction of the potential market in China. As the market moves from commodity and gift wines to drinking ‘table’ wine, so do the counterfeiters, flooding supermarkets and restaurants with wines bearing (often validly registered) appellation marks which have no connection to the liquid inside the bottle. Contiune Reading

 

 

 

China - In Vino Veritas: Getting Practical; Market Monitoring And Alternative Enforcement Strategies.

 

13th December, 2015

 

By Nick Bartman

 

“It is hopeless. China is the size of the USA. Population over four times. They counterfeit everything, everywhere. Nothing can be done. If my wine is counterfeited, I have zero chance.” Contiune Reading

 

 

 

China - In Vino Veritas: Terroir IPR Part 2: Regulatory Bodies And Collective Action Against Counterfeiting. 

 

13th December, 2015

 

By Alex Bayntun - Lees

 

In this article we’ll be looking at how certain regulatory bodies and wine associations can, and in some cases already do, help producers to protect the reputations of their brands. Finally we’ll look at how the wine industry can come together to tackle the counterfeiting industry which continues to damage the sales and reputation of this much loved beverage. Contiune Reading

 

 

 

Copyright Takedowns In China Part III — Audiovisual And Sound Recordings In The Cloud

 

 

7th December, 2015

 

By Mathew Alderson and Grace Yang

 

This is the third in our series on online copyright takedowns. In Copyright Takedowns in China, we provided a general summary of the regulations that establish the takedown procedures. These regulations enable enforcement of the “right of communication through an information network” as it applies to sound recordings and audiovisual recordings. In Copyright Takedowns in China Part II: Searching, Linking or Storing? we looked at how providers of storage space face more liabilities than those merely providing searching or linking services. In this third post we look at how the takedown regulations apply to cloud service providers. Continue Reading

 

 

 

Tailor-made IP victory for Taylor Swift

 

30th November, 2015

 

By Raashi Jain

 

Taylor Swift is very popular worldwide, winning accolades for her catchy songs. Over the past few years, in addition to her songs, she has also garnered attention for her tryst with IP, acquiring attention for her incessant trademark applications with respect to song lyrics et al. However, this time, the tables are turned on her; Jessie Braham, the singer of a not so well known song “Haters Gone Hate” claimed that Taylor Swift has stolen lyrics from his song and used the same in her song “Shake It Off”, included in the album ‘1989’ which was released in the year of 2014. In a complaint filed by him, he sought $42 million in damages, along with the addition of his name and his publisher’s name to future copies. Contiune Reading

 

 

 

Running The TM Yard: Texas A&M Sues Indianapolis Colts, Inc..

 

30th November, 2015

 

By Raashi Jain

 

In yet another incident of unauthorized use of trademark, Texas A&M University (hereinafter, the University) has filed a suit against Indianapolis Colts, Inc. (hereinafter, ICI) for trademark infringement, unfair competition, trademark dilution, and false designation of origin. Contiune Reading

 

 

 

Copyright Takedowns In China, Part II: Searching, Linking or Storing?

 

 

25th November, 2016

 

By Mathew Alderson and Grace Yang

 

This is the second in a series of posts about China’s system for the takedown of copyright subject matter stored or posted online without the copyright owner’s approval. In our first post, Copyright Takedowns in China, we provided a general summary of the regulations that establish the takedown procedures. These regulations enable enforcement of the “right of communication through an information network” as it applies to sound recordings and audiovisual recordings. As we have seen, the regulations apply to “network service providers” (网络服务提供者)and “service recipients” (服务对象). They draw a distinction between providers of searching or linking services and those that provide storage space. Continue Reading

 

 

 

Of Copycats & Counterfeits: Moncler Wins Trademark Suit Against Chinese Counterfeiter

 

22nd November, 2015

 

By Shristi Bansal

 

In what is seen as a momentous move post the new Chinese legislation, Moncler, the Franco-Italian outwear brand, known for its luxury puffer jackets, won a trademark dispute against a local counterfeiter, Beijing Nuoyakate Gourmet. Contiune Reading

 

 

 

Christmas Came Early This Year: Copyrights To Santa Song Returned To Original Composer!

 

19th November, 2015

 

By Shristi Bansal

 

It is going to be a ‘very merry Christmas’ for Gloria Coots Baldwin, Patricia Bergdahl and Christine Palmitessa, heirs of the songwriter John Frederick (hereinafter Coots), who wrote the most celebrated Christmas song – ‘Santa Clause in comin’ to town’.  John wrote this song along with Haven Gillespie in 1934. Contiune Reading

 

 

 

A Tale Of Johnny Rockets And TM Infringement Woes.

 

19th November, 2015

 

By Divya Srinivasan

 

Theme based restaurants are popular not only for the ‘theme’ they deal with but also the exemplary visual appeal they bring along with it. For example the Restaurant in the Sky in Belgium, Ninja theme restaurant in New York, New Lucky Restaurant in Ahmedabad, Ithaa, an undersea restaurant in Maldives and one of the most famous theme restaurant chains with a franchise in India i.e. Johnny Rockets apart from others. For those not aware of it, Johnny Rockets is a restaurant chain which is stylised diner bearing resemblance to the 1950’s era and times. Continue Reading

 

 

 

The Story Of ‘Wraps’: Donair vs Donair Trademark Infringement.

 

19th November, 2015

 

By Divya Srinivasan

 

These days fast food chains are a sensation and have their own fan following; be it regular junk food eaters or fast food lovers or foodies in general, food, be it fast or otherwise is a basic sustenance factor worldwide. When it comes to fast food, some may argue vehemently in favour of the Kentucky Fried Chicken (KFC) food chain, or compare McDonalds and Burger King chains with regard to the range of burgers and hamburgers offered by either, while some may be loyal customers of and so on and so forth. Contiune Reading

 

 

 

China - In Vino Veritas: The How & Where To Register Wine IP 

 

17th November, 2015

 

BY Alex Bayntun - Lees

 

Trade marks in China can be registered either with your local office through the Madrid system administered by the World Intellectual Property Organization (WIPO), or domestically with the China Trade Mark Office (CTMO). The CTMO maintains an English language trade mark database for basic searches, however registrations must be completed in Chinese and it is recommended that SMEs engage a local trade mark attorney to handle this process for them. Contiune Reading

 

 

 

China - Bodega Branding: The How, What, When, And Why Of Wine IPR Protection

 

17th November, 2015

 

By Alex Bayntun - Lees

 

In our last article we sang a song of growth and prosperity for the wine industry in China, fueled by the staggering figures of industry growth and Chinese wine consumption in recent years. This was tempered somewhat by the somewhat tragic tales of the relatively unimpeded development of a parasitic counterfeiting industry which continues to sap the profits of wine producers, damage reputations, and in some cases harm consumers in the process[1]. Contiune Reading

 

 

 

Copyright Takedowns in China

 

 

16th November, 2015

 

By Mathew Alderson and Grace Yang 

 

China has a pretty good system for takedowns of copyright subject matter stored or posted online without the approval of the copyright owner. Our China lawyers are have helped motion picture producers, motion picture distributors, gaming companies and other copyright owners invoke this process and the results are generally good when the copyright owner is well prepared. Continue Reading

 

 

 

Sony Cries Foul Over Copyright Infringement.

 

16th November, 2015

 

By Raashi Jain

 

If this recent instance is to be taken into consideration, it appears that Sony Music Entertainment, Inc., (SME) does not follow the saying “You can’t have your cake and eat it too”; confused? It seems that one Mr. Mitch Martinez entered into a license agreement with Epic Records, a division of SME. Through this agreement, Epic Records was allowed to use a stock footage i.e. a video which can be used by others in their films or movies, in one of its artist’s video. However, soon after he received a YouTube notification, informing him that SME had issued copyright claim for his footage which he had uploaded on his YouTube account. Contiune Reading

 

 

 

Get Ink-Fringed!

 

16th November, 2015

 

By Shristi Bansal

 

While some still consider tattoos to be barbaric or equivalent to ‘scarring one’s body for life’, in the past few decades, people’s fascination with body art has sky rocketed. Contiune Reading

 

 

 

You’re Fired…Not So Soon.

 

4th November, 2015

 

By Raashi Jain

 

The famous phrase “You’re fired”, used prominently on the show The Apprentice, recently became a bone of contention between the makers of the show and Sheridan Simove, innovator of a toy pistol. The cause you may ask? It so happened, that Simove had created a toy pistol, which on pulling the trigger produced a flag with the phrase“You’re fired” on it. He then sought to register the said phrase in the class relating to toys. Contiune Reading

 

 

 

We Just Can’t Keep Up With The Kardashians.

 

4th November, 2015

 

By Raashi Jain

 

When one is a reality star, any kind of publicity is good publicity. This seems to hold true for members of the Kardashian-Jenner clan, who for one reason or the other are always in news. With different business opportunities and the bursting social media scene, not only have celebrities and stars garnered praise and criticism, they have also come to amassing intellectual property (IP). Continue Reading

 

 

 

Pinterest ‘Pinned’ Down In Trademark Battles.

 

4th November, 2015

 

By Shristi Bansal

 

Pinterest is going through a hard time losing two back to back trademark suits, one in the UK and the other in the USA. The social media company that allows users to display or “pin” linked pictures on boards and create online scrapbooks that are shareable with others had alleged that its mark ‘pin’ has been infringed. The cases are discussed in greater detail hereunder: Continue Reading

 

 

 

Donald Trump Is Not Happy: Sends Cease And Desist Letter To Stoptrump.us 

 

25th October, 2015

 

By Raashi Jain

 

Donald Trump, the famous businessman and the Presidential hopeful for US election 2016, has been in hot waters on more than one occasion in the recent past. A new feather added to his controversial cap includes the cease and desist letter sent by the General Counsel of The Trump Organization and Donald J. Trump, to Stoptrump.us (now www.americaalreadygreat.com), a website which was selling t-shirts featuring Donald Trump’s photo along with slogans like ‘Donald is Dumb’, ‘Stop Trump’ and ‘America Is Already Great’ (a sarcastic take on Trump’s presidential slogan ‘Make America great again’) Continue Reading

 

 

 

Apple Grieves Over $234 Million Loss!

 

25 October, 2015

 

By Divya Srinivasan

 

Professor Gurindar Sohi and Terani Vijaykumar are two Indian names, having won accolades recently for emerging winners in a one of a kind, David vs Goliathcase, proving that when it comes to the world of technology, the U.S. justice system does play fair. For starters tech giant Apple Inc. will not be getting away with intellectual property infringement easily after this. Continued Reading

 

 

 

Yoga – For The People, By The People, Of The People. ​

 

25th October, 2015

 

By Divya Srinivasan

 

Yoga; the word brings a mental image of a healthier version of oneself. Almost every individual in the world is aware of or has tried at least once, in their lives, a yoga pose or two. It is also not a surprise that many ‘foreign elements’ have tried their level best to garner intellectual property protection for ‘Yoga’ or the various poses, which is already afforded protection as being the ‘traditional knowledge’ of India. Contiune Reading

 

 

 

Happy Hour! OAPI Grants Scotch Whisky A GI Status.

 

25th October, 2015

 

By Shristi Bansal

 

Scotland would be in high spirits, quite literally after the recently accorded Geographical Indication (GI) status to Scotch Whisky. The much loved and prestigious spirit with an international reputation is now a recognized GI in the 17 member African Intellectual Property Organization (OAPI) which includes Benin, Burkina Faso, Cameroon, Central African Republic, Chad, Comoros, Equatorial Guinea, Ivory Coast, Gabon, Guinea, Guinea-Bissau, Mali, Mauritania, Niger, Republic of Congo, Senegal and Togo. It is the first spirit drink to be given a GI tag in OAPI. The Scotch Whisky Association, the body responsible for the application (SWA, erstwhile known as ‘The Wine & Spirit Brand Association’ started in 1912, changed its name to the Whisky Association in 1917) has been a proactive body striving to protect the authenticity and originality of Scotch Whiskey. Contiune Reading