TRADEMARK
DELHI HC GRANTS PERMANENT INJUNCTION IN FAVOR OF LOUIS VUITTON
Louis Vuitton Malletier, the renowned luxury brand, initiated
legal proceedings before the Delhi HC against counterfeiters
alleging trademark infringement, and passing off of their goods and
services among other ancillary reliefs. Louis Vuitton's mark
"LV" has been declared a well-known mark in various
judgements passed by courts in India and the mark 'LOUIS
VUITTON" is included in the list of well-known marks.
The Court after examining the evidence including photographs of
counterfeit products and social media posts, held that the
defendants were engaged in infringement and passing off of Louis
Vuitton's goods and granted a permanent injunction against
them. Further, the Court passed a decree of delivery of infringing
products that were seized. The Court also observed that the
defendants took unfair advantage of the reputation and goodwill of
the LV marks and deceived consumers by dishonestly adopting the
trademark.
(1) Louis Vuitton Malletier v/s Abdul khaliq Abdulkaer Chamadia, & Ors., decided on 12th November, 2024, CS (COMM) 700/2023
TRADEMARK
KATY PERRY WINS TRADEMARK CASE AGAINST SYDNEY FASHION LABEL KATIE PERRY
Australian Federal Court recently handed down a landmark decision in the long-running trademark dispute between the global pop star Katy Perry and the Australian fashion designer Katie Perry. The Court ordered the cancellation of the fashion designer's trademark, KATIE PERRY, finding that it was likely to deceive or cause confusion among consumers. The Court's decision was based on the global recognition of the pop star and the similarity between the two names. Despite the slight spelling difference, the Court concluded that the average consumer with imperfect recollection would likely associate the fashion designer's products with the pop star. The Court also considered the fact that the pop star had been using her name as a trademark for years before the fashion designer launched her business.
COPYRIGHT
DELHI HC ISSUES PERMANENT INJUNCTION AGAINST UNAUTHORISED USE OF ENTERTAINMENT NETWORK'S CONTENT & TRADEMARK
Entertainment Network (India) Limited, a prominent radio
broadcaster operating under the registered trademarks
"Mirchi," "Radio Mirchi," and "Sunday
Suspense," obtained a permanent injunction from the Delhi High
Court against several unauthorized websites and apps. These digital
platforms were found to be illegally broadcasting and transmitting
the plaintiff's copyrighted audio content and infringing upon
its registered trademarks.
Following an interim injunction order issued on 22nd December,
2022, directing intermediary platforms to remove the infringing
URLs, the Court, in its recent judgment, granted a permanent
injunction. The Court's decision was based on the
defendant's failure to contest the plaintiff's claims and
provide any defence. As such, no additional evidence was required
from the plaintiff's side to substantiate the allegations of
copyright and trademark infringement.
COPYRIGHT
BOMBAY HC RESTRAINS SUN TV NETWORKS & OTHERS FROM INFRINGING THE COPYRIGHT OF SOBO FILMS
SOBO Films secured an order against YouTube, Daily Motion, and
unidentified parties for copyright infringement of its regional TV
shows, including "Sun Naam Oruvar." The Bombay High Court
found that SOBO Films had established a strong case of copyright
infringement and had suffered irreparable damage due to the
unauthorized exploitation of its content. The Court ordered the
immediate removal of infringing content and extended the injunction
to address ongoing piracy.
The dispute arose from Sun TV's unauthorized broadcasting and
uploading of SOBO Films' shows, despite the expiration of
licensing agreements and repeated cease-and-desist notices. The
presence of pirated versions on digital platforms, including over
200 instances identified by SOBO Films' anti-piracy agency,
further augmented the issue. SOBO Films argued that this
unauthorized exploitation led to significant financial losses and
hindered the distribution of its content. While Sun TV and YouTube
have committed to removing infringing content.
PATENT
SAMSUNG FACES $118 MILLION FINE AFTER LOSING PATENT INFRINGEMENT CASE TO NETLIST
Samsung Electronics has been ordered to pay $118 million in damages after a Texas federal jury ruled in favour of Netlist, a memory technology company, in a patent infringement lawsuit. The case centres on Netlist's patented technology that enhances the efficiency of high-performance memory products, which it claims Samsung used without permission in its memory modules. This ruling follows a $303 million verdict against Samsung in a similar case last year. Netlist's legal victories, including a $445 million award from Micron Technology, highlight its ongoing efforts to protect innovations critical to cloud computing and data processing. Samsung denies the infringement and has filed a separate lawsuit against Netlist over licensing terms.
(1) Netlist, Inc. v. Samsung Electronics Co, LTD is 2:22-cv-00293, E.D. Tex
DESIGN
INDIA SIGNS RIYADH DESIGN LAW TREATY TO SIMPLIFY GLOBAL INDUSTRIAL DESIGN REGISTRATION
India has signed the Riyadh Design Law Treaty (DLT), aimed at harmonizing and simplifying industrial design registration processes across countries. After nearly 20 years of negotiations, the treaty was adopted by World Intellectual Property Organization (WIPO) member states. It introduces provisions like extended time limits, reinstating lost rights, and simplified procedures for recording assignments. The DLT also promotes electronic design systems and the exchange of priority documents. This move reflects India's commitment to improving intellectual property protection, as design registrations in the country have significantly increased in recent years.
(1) https://indianexpress.com/article/india/india-signs-riyadh-design-law-treaty-9691541/
TRADE SECRET
GOOGLE SUES EX-EMPLOYEE FOR STEALING AND LEAKING CONFIDENTIAL CHIP DESIGNS
Google has filed a lawsuit against former employee Harshit Roy, accusing him of stealing confidential company information related to its chip designs and leaking it online. Roy, an engineer at Google from 2020 to 2024, allegedly took photos of internal documents, including Pixel chip specifications, before resigning in February 2024. He shared these documents on social media platforms X and LinkedIn, accompanied by provocative statements. Despite takedown requests, Roy continued posting the materials, even tagging competitors like Apple and Qualcomm. Google is seeking damages and an order to prevent further disclosure of its proprietary information. A judge has issued a temporary restraining order against Roy.
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