India’s First Judgement on Standard Essential Patents
Introduction Our lives, nowadays, seem to revolve around devices; technological devices like computers, cell phones, more importantly smartphones using 3G/4G networks, and even the earphones and headphones and other music players through which we listen to music. For the proper functioning of the devices, they have to comply with certain standard. These standards may include […]
Case summary of “Cabell v. Zorro Productions, Inc.”
BRIEF INSIGHT INTO THE DISPUTE: Introduction: This case is a result of copyright infringement of a musical based on the story of Zorro.The character of Zorro originally was developed by Johnst McCulley which was further adapted in stories. All of the stories are part of public domain. Cabell (hereinafter “the plaintiff”) made a musical based […]
Too General To Be Trademark-Able: A “Cocky” Debate
There have been a plethora of cases in India and abroad that discuss the menace caused due to the monopolization of general English terms in course of business. The argument given by the proprietors is that to get a trademark over a name, it is important that the name is arbitrary and it does not […]
IP as Security (Canara Bank v NG Subbaraya Setty)
The cause of action for this case arose in 2003 on the assignment of the trademark ‘EENADU” by the defendant, NG Subbaraya Setty, in favor of the Petitioners, Canara Bank. This lead to two separate lawsuits: one by the borrower over cancellation of the assignment and another to recover the sum of money paid as […]
Samsung Acquires Hera Wi-Fi Patents Through (Patent Troll?) Sisvel
Sisvel UK Limited (“Sisvel”) arranged and finalized a Wi-Fi patent license agreement between Samsung Electronics Co. Ltd. (“Samsung”) and Hera Wireless S.A. (“Hera”), on June 7, 2018. Hera is the wholly owned subsidiary of Sisvel International S.A., the holding company of the Sisvel Group. The Sisvel Group has companies in major countries across the world such as […]
Case Summary Of “Coca Cola Company V Glacier Water Industries Ltd.”
This article summarises the judgment of High Court of New Delhi dated 28thFebruary 2018 in the case “Coca Cola Company v Glacier Water Industries Ltd.”. Brief Insight Into The Dispute: Introduction: This case pertains to the infringement, passing off and unfair competition of registered trademark ‘KINLEY’. Coca Cola Company (hereinafter “the plaintiff”) is the registered proprietor […]
Unboxing The Confusion In Marks Of Pharmaceutical Products
It is not new that the Supreme Court had cautiously laid down the seven principles for determining confusion or deceptiveness in pharmaceutical products. The landmark case of Cadilla held that medicines are boon but if given wrongly it can have life-threatening impact. Thus, there need not be an iota of confusion in the mind of […]
Case Summary of A Recent Decision of U.S. Court of Appeals for The Federal Circuit In The Case, “Core Wireless Licensing vs. LG Electronics”
This article summarises a recent judgment of United States Court of Appeals for the Federal Circuit dated 25th January 2018 in the case “Core Wireless Licensing S.A.R.L. v. LG Electronics, Inc., LG Electronics Mobile comm U.S.A., Inc.” Brief Insight into the Dispute: The patents 8,713,476 (hereinafter referred to as “‘476”) and 8,434,020 (hereinafter referred to as “‘020”) owned […]
Monsanto Technology LLC And Ors Vs. Nuziveedu Seeds Ltd. And Ors
Monsanto Technology LLC, one of the world’s leading seed company, was smacked by the decision upheld by the Division bench of Delhi High Court in an appeal that was preferred by them against the order of Delhi High Court single bench. The dispute initially arose over license and royalty of Patented seed technology–BOLLGARD II, between […]
An Article On Shamnad Basheer V. Union Of India And Ors.
It is common to witness infringement cases in the intellectual property law sector but rarely there are suits which point out to the defects in the system managing the grant and working of patents, trademarks or other intellectual property rights. In the case of Shamnad Basheer v. Union of India and Others[1], a writ-petition was filed […]