The Delhi High Court has recently thrown light on the responsibilities and liabilities of online intermediaries in cases of trademark infringement. Continue reading “Indian Court sets precedent for liability of intermediaries”
Category: Mehta & Mehta
PPH Pilot Program between India and Japan to start in 2019
In what could result in further strengthening of relationship between Japan & India, Ministry of Economy, Trade and Industry in Japan has notified that India and Japan intend to start bilateral Patent Prosecution Highway (PPH) program in the first quarter of fiscal year 2019. Continue reading “PPH Pilot Program between India and Japan to start in 2019”
The ‘Red Sole’ Dilemma
Three recent and varied decisions by the Hon’ble Delhi High Court in Red Sole infringement case series seem to have created a judicial dilemma. Continue reading “The ‘Red Sole’ Dilemma”
Central Government issues directions to National Biodiversity Authority for enhancing implementation of the Biological Diversity Act, 2002 in pending matters
Recently, the Ministry of Environment, Forest and Climate Change, Government of India has vide an Office Memorandum dated 10th September 2018 issued directions, under section 48 of the Biological Diversity Act, 2002 (‘Act’) to the National Biodiversity Authority (NBA / Authority) for enhancing implementation of the Act. Continue reading “Central Government issues directions to National Biodiversity Authority for enhancing implementation of the Biological Diversity Act, 2002 in pending matters”
Indian Singers Rights Association (ISRA) registration as a Copyright Society renewed for 5 years
The registration of the Indian Singers Rights Association (ISRA) as a Performer’s Society (Copyright Society) has been renewed for a period of 5 years with effect from 14th June 2018. Continue reading “Indian Singers Rights Association (ISRA) registration as a Copyright Society renewed for 5 years”
Fabindia not to use word ‘Khadi’, may end up paying multi-million dollars in damages! #Quick Recap of the Khadi Dispute
In an interesting update in the on-going dispute between Khadi and Village Industries Commission (KVIC) and Fabindia, earlier this week Fabindia gave an undertaking before the Bombay High Court that it is not presently using the word ‘Khadi’ and in the event it is desirous of using the word ‘Khadi’ in future it shall give four weeks written notice to KVIC. The Court accepted the undertaking and disposed of KVIC’s application seeking injunction order be passed by the Court, prohibiting Fabindia from using the term khadi to sell its products. Continue reading “Fabindia not to use word ‘Khadi’, may end up paying multi-million dollars in damages! #Quick Recap of the Khadi Dispute”
Delhi High Court sets interesting precedent to still nascent domain of SEP & FRAND in India
The Plaintiff had filed two suits for infringement of their essential DVD video player patent. The component patent in the subject matter of both the suits is the Channel (De)-coding technology used for DVD Video Playback function in a DVD video player. It is claimed that the Plaintiff is the registered proprietor for “Decoding Device for converting a Modulated Signal to a series of M-Bit Information Words”. The invention concerns ‘channel modulation’ which involves a coding step that is performed directly before the storage of the data. Continue reading “Delhi High Court sets interesting precedent to still nascent domain of SEP & FRAND in India”
All About Music 2018, Mumbai
Meet Ms. Abhilasha Niroola from Mehta & Mehta Associates (MehtaIP) during “All About Music 2018” at Taj Lands End, Mumbai from 23rd August 2018 to 24th August 2018. Continue reading “All About Music 2018, Mumbai”
Stakeholders meeting held at IPO
A meeting of select IP professionals and practitioners was held at Intellectual Property Office, Delhi in presence of Secretary – DIPP Mr. Ramesh Abhishek, Joint Secretary Mr. Rajiv Aggarwal, Controller General Mr. O P Gupta and Sr. Joint Controller Dr. K. S. Kardam on 03 August 2018. Continue reading “Stakeholders meeting held at IPO”
A recent judgment by Supreme Court of India sets important legal precedence on similar marks covering goods of same class
In present case, the respondent had adopted the device mark “NANDINI” in 1985 for selling milk and milk products. The mark was registered in Class 29 and 30. The appellant on the other hand adopted similar device mark in 1989 for its restaurant business and applied for the mark in respect of various foodstuff items sold by its restaurant. The logo of both the marks is given below for clarity. Continue reading “A recent judgment by Supreme Court of India sets important legal precedence on similar marks covering goods of same class”
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