TECHNOLOGY LAWS
1. No Stay on release of ‘Gangubai Kathiawadi' Movie: Supreme Court Dismisses Plea of ‘Adopted Son'
The Supreme Court dismissed a Special leave Petition (SLP) which sought a stay on the release of movie “Gangubai Kathiawadi” produced by Bhansali Production Private Limited and directed by Sanjay Leela Bhansali represented by TMT Law Practice. The SLP was filed on behalf of one Babuji Rawji Shah who claims to be the adopted son of Gangubai Kathiawadi.
With respect to the same movie, other proceedings were also initiated before the Bombay High Court, where the division bench disposed of one PIL while dismissing another PIL by MLA Amin Patel and a Writ petition filed by residents of Kamathipura (of which Gangubai was a resident) being aggrieved by the fact that the movie maligns the said area and that all residents of the area are not sex workers. However, all the above-mentioned petitions were rejected by the Bombay High Court.
2. UK IPO announce new IP Counter-Infringement strategy
The Intellectual Property Office (IPO) has published the United Kingdom's (UK) new Intellectual Property counter-infringement strategy, which sets out how the government will address IP crime and infringement over the next five years. The strategy seeks to establish how enforcement agencies, government and industry can work together to build upon and improve current structures, ensuring that IP infringement is tackled coherently as a strategic economic and social threat at home and internationally.
3. New Guidelines for Trademark Examination and Trial in China have enforced since 1st January 2022
The China National Intellectual Property Administration (CNIPA), through Announcement No 462, released the Guidelines for Trademark Examination and Trial (the Guidelines 2022. As of 1 January 2022, the Guidelines 2022 have come into effect, repealing the Standards for Trademark Examination and Trial. The purpose of issuing the Guidelines 2022 was to ‘standardise the trademark examination and trial procedures and ensure the uniform application of laws and consistent implementation of standards in all trademark examination and trial aspects. The Guidelines 2022 are divided in two parts. Part A systematically reviews and optimises the existing standards and working procedures for the formal review of the various processes; Part B provides the substantive standards for trademark examination and adjudication.
4. European Commission calls for evidence on anti-counterfeit toolbox initiative
The European Commission (‘EC') announced that it would establish an EU Toolbox against counterfeiting. The EU Toolbox is part of the EU Strategy to tackle Organised Crime 2021-2025. The EC reports states that despite efforts to battle counterfeit goods, the market is still thriving, with an increase of detained articles at EU borders. In 2019, the imports of counterfeit goods equalled 5.8 % of total EU imports, with a value of EUR 119 billion. The EC furthermore notes a surge in counterfeit COVID-19 related goods such as face masks, protective equipment and even vaccines.
5. Federal Circuit rejects gTLD Trademark registration of ‘SUCKS'
The United States (US) Court of Appeals for the Federal Circuit has dismissed Vox Populi Registry's bid to register ‘sucks' as a trademark. Vox is attempting to register a both the standard character service mark. The aforementioned trademarks were rejected on the ground that the marks are merely descriptive and lacks distinctiveness.
6. Right to Privacy cannot be superseded by suspicion of police: Madras High Court on installation of CCTV in clubs
The Madras High Court recently rejected a request by the police to install CCTV cameras inside all areas of two clubs/recreation centres with a view to keeping a tab on gambling and other illegal activities. The Court held that suspicion of illegal gaming activities, howsoever strong, cannot justify the violation of the right to privacy of people who visit club/recreation centres in the case of MM Nagar Sports & Recreation Centre and Another v. The Superintendent of Police, Kancheepuram District and Ors.
7. ShareChat and MX Media announce a strategic merger of Moj and MX TakaTak
MX Media Co. Ltd, the parent company of MX TakaTak, and ShareChat, the parent company of Moj, announced a strategic merger between Moj and MX TakaTak, to create the largest short video platform for Indians, whereby the two platforms will now be controlled by ShareChat. Post this transaction, MX Media and its shareholders will become strategic shareholders of ShareChat.
8. Argentina: INPI publishes first Trademark decisions
The first decision declared the invalidity of the trademark “Kimchi” registered under Nos. 3,067,332 and 3,067,334 in classes 35 and 29, respectively, for being indicative, descriptive or generic, as kimchi is a traditional dish of Korean cuisine. The decision was published in the Argentine trademark bulletin on December 29, 2021, where Argentina's IP office, the Instituto Nacional da Propriedade Industrial (INPI), decided substantive issues regarding the invalidity of trademark registrations. In 2018 the trademark procedure was amended to allow the INPI to decide the cancellation of trademark registrations (invalidity and lapsing due to non use), subject to appeal to the federal courts, and in 2019 the corresponding rules for the administrative procedure were issued.
9. Calcutta High Court injuncts Baidyanath Ayurved from disparaging Dabur trademark
While hearing a plea by Dabur seeking an injunction against the uploading of five advertisements that allegedly disparaged the goodwill and reputation of its trademark, the Calcutta High Court permanently injuncted four advertisements by the makers of Baidyanath Chyawanprash Special for being disparaging to all other brands of Chyawanprash including Dabur Chyawanprash in Dabur India Limited v. Shree Baidyanath Ayurved Bhawan Pvt Ltd.
10. Nike files trademark infringement lawsuit against StockX NFTs
US-based sportswear company Nike has reportedly filed a lawsuit against online reselling platform StockX in a federal court in New York over unauthorised non-fungible tokens (NFTs). Nike alleges that StockX has started selling new virtual products using Nike's trademarks without consent, with more than 500 Nike-branded Vault NFTs said to have been sold so far.
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