Author Archives: theiprbeacon

IPAB raps MNC on the wrist for being a Trademark Tyrant!

The IPAB, in its decision dated 24 February 2014, in Jones Investment Co v. Vishnupriya Hosiery Mills took on the role of somewhat of a guardian for local companies and small business owners against suits filed by larger companies or MNCs. Jones Investment Company, the Appellant, is an American establishment which uses the trademark, ‘Jones […]

What are ‘Personality Rights’?

Every individual or personality has a property right in the use of his or her name, voice, signature, photograph, or likeness. The right of publicity, often called personality rights, is the right of an individual to control the commercial use of his or her name, image, likeness, or other unequivocal aspects of one’s identity . […]

De Minimis Rule – Size doth matter!

De minimis is a Latin expression which means, about minimal things. The concept of de minimis in intellectual property arises as a defence for copyright infringement. The concept of de minimis is applicable when a sample of a musical work, an excerpt from a literary work, a photograph or any artistic Copyrighted work is used […]

Game Developers protest against King having all the ‘Candy’.

In latest development to the issue of Trademarking ‘Candy’, which has been discussed over here. Game developers have slammed King.com for making the word ‘Candy’ a trademark and have joined hands to mount a protest by the name ‘Candy Jam‘. According to BBC, the angered game developers are now coming up with lots of different […]

Candy Crush Saga app developer trademarks the word ‘candy’

It seems that the developers of the wildly popular mobile game Candy Crush Saga aren’t too sweet on the idea of anyone else using the word “candy” to sell a product. The app’s makers had submitted the filing for the trademark last year and the Candy Crush Saga developers will now be granted exclusive rights […]

Voltas or Volta?

In the case of Voltas Limited, vs. Mr. Debraj Dey, trading as M/s. Akurom Enterprises, and the Respondent No. 2 Deputy Registrar of Trade Marks, Hon’ble Shri Z.S. Negi, has ruled in favour of Tata group’s air-conditioner maker Voltas in a dispute over the Volta trademark. He instructed the registrar of trademarks to reconsider an […]

Parallel Imports: Good, Bad or Ugly

Parallel Imports are at the epicenter of all controversial IP issues. Despite it being considered that they are well within the four walls of law, the laws of the market are hardly the only ones applicable to them. DEFINITION: According to the World Trade Organisation, a parallel import is a non-counterfeit product imported from another […]

Don’t want to license me your Trademark? I’ll snatch it!

Imagine a situation where A licenses his trademark to a foreign business entity or a franchisee. After few years of mediocre business in country Zia, A decides to stop his operation in that country. After legally wrapping up his business with all his licensees and franchisees in Zia, he happily leaves. Later few years down […]

SWEEPING UP THOSE GIs!

According to news reports, out of India’s 1,000 potential Geographical Indications, only one-tenth are recognized. However, in a move that will contribute towards strengthening the small and medium scale industries (SMEs), around 14 Geographical Indication are set to get registration under the Geographical Indications of Goods (Registration and Protection) Act, 1999. Globally, 232 items like […]

Reliance loses 15 year old domain name case

In Reliance Telecom Limited vs. Domains ByProxy.com and Sukhraj Randhawa Case No. D2013-1470 Reliance Telecom Limited, an off-shoot of the Reliance Group lost an international arbitration under the Uniform Domain-Name Dispute-Resolution Policy on the name RelianceGroup.com which was registered on September 21, 1997. The Domain Name in dispute redirects users to a website (“Respondent’s Website”) […]