ARTICLE
15 January 2025

IPR Weekly Highlights (63)

LM
Lex Mantis

Contributor

The Bombay HC has remanded Audi's trademark application for "Q6" back to the senior examiner of trademark for reconsideration.
India Intellectual Property

TRADEMARK

BOMBAY HC REMANDS AUDI'S "Q6" TRADEMARK APPLICATION

The Bombay HC has remanded Audi's trademark application for "Q6" back to the senior examiner of trademark for reconsideration. The senior examiner rejected the application filed under classes 9 and 12, citing lack of distinctiveness and potential concerns about consumer confusion. Audi's legal counsel argued that the senior examiner failed to consider the evidence provided to support the registration, including the trademark registration of "Q6" in multiple countries. The court observed that the senior examiner's lack of due consideration was without proper justification. Consequently, it overturned the initial rejection and directed the senior examiner to re-evaluate the application in two weeks and provide a well-reasoned conclusion on the matter.

(1) https://www.hindustantimes.com/cities/mumbai-news/hc-backs-audi-q6-trademark-registration- questions-rationale-behind-rejection-101736103784552.html

TRADEMARK

BOMBAY GRANTS INJUNCTION TO EVEREST FOOD PRODUCTS

Everest Food Products Pvt. Ltd. (Plaintiff) successfully obtained an injunction from the Bombay HC against Shyam Dhani Industries Pvt. Ltd. (Defendant) for infringement and passing off of its registered trademark "TIKHALAL". Everest has been using the trademark since 2002, for its chilli powder and has acquired significant goodwill and reputation.
The court held that the Defendant's use of a similar mark was likely to confuse the consumers and mislead them into believing that they were purchasing Everest's products. Furthermore, the court observed that Defendant's use of the trademark would dilute the distinctiveness of Plaintiff's trademark and harm its established goodwill and reputation.

(1) Everest Food Products Private Limited v. Shyam Dhani Industries Pvt. Ltd. & Ors. (Neutral Citation: 2025: BHC-OS:17)

TRADE SECRETS

IBM AND GLOBALFOUNDRIES SETTLE ALL LITIGATION

IBM and GlobalFoundries have settled all outstanding legal disputes, including breach of contract, patent, and trade secret claims. The terms of the confidential agreement will allow both companies to explore potential future collaborations. This settlement ends years of contentious litigation which began in 2021 with a lawsuit filed by IBM in New York state court concerning a semiconductor manufacturing agreement and subsequently escalated to include disputes over intellectual property and employee poaching. This resolution is significant for both companies, particularly for IBM, which is collaborating with Rapidus on advanced 2nm chip development.

(1) https://www.theregister.com/2025/01/03/ibm_globalfoundries_settle_lawsuits/

COPYRIGHT

"WHAT WOMEN WANT" IP BATTLE: COURT SIDES WITH ENIL

The Delhi HC granted a permanent injunction to Entertainment Network India Limited (Plaintiff/ENIL) against Miss Malini Entertainment Ltd. (Defendant) for unauthorizedly using the intellectual property (IP) of Season 5 of the show "What Women Want". The Defendant had violated the terms of the production agreement by posting videos on its YouTube and Instagram platforms, falsely claiming exclusive production and using its logo on the published content.
The court after analyzing the facts and legal aspects, supported by substantial evidence, held that Defendant's action constituted a blatant disregard of the mutually agreed terms. Further, the court observed that these actions were deliberate attempts to misappropriate the Plaintiff's IP for commercial gain. Consequently, the Defendant was ordered to remove all the infringing copies from its platforms and to pay damages for the loss of goodwill and reputation caused by the infringement.

(1) Entertainment Network India Limited v Miss Malini Entertainment Private Limited,CS(COMM) 1141/2024

COPYRIGHT

U.S. COPYRIGHT OFFICE TO ISSUE FURTHER PARTS OF ITS REPORT ON AI

The U.S. Copyright Office will release the second and third parts of its report on copyright and AI in 2025. Part 1 of the report, issued on July 31, 2024, focused on the legal challenges posed by "digital replicas," which are digitally created or manipulated images and recordings that falsely depict individuals and emphasized the urgent need for legislation covering such replicas. Part 2 will delve into the core question of whether works created by AI can be copyrighted, as current law requires human authorship. This analysis will consider how the level of human involvement in the creative process impacts copyright protection. Meanwhile, Part 3 will examine the contentious issue of using data to train AI models, addressing concerns about fair use and the potential for copyright infringement as these models learn from vast amounts of existing content.
These reports will have significant implications for artists, creators, businesses, and the broader AI industry. The findings will shape the future of copyright law in the digital age and could have a profound impact on how AI technologies are developed and deployed.

(1) https://natlawreview.com/article/us-copyright-office-begin-issuing-further-ai-guidance-january- 2025#google_vignette

PATENT

NETFLIX COUNTER SUES BROADCOM FOR PATENT INFRINGEMENT

Netflix has filed a patent infringement lawsuit against Broadcom and its subsidiary VMware under the patent laws of the United States. Netflix alleges that VMware has violated five of its patents related to virtual machine technology, specifically concerning CPU usage attribution, virtual machine monitor CPU usage, load-balanced VM startup procedures and GUI-based virtual machine management. This suit follows years of legal disputes with Broadcom, who had previously accused Netflix of infringing on their streaming patents in California, Germany and the Netherlands. The outcome of this lawsuit will have significant implications for the tech industry, particularly concerning the complex interplay of patents across different technology sectors.

(1) Netflix, Inc., vs Broadcom Inc., VMware LLC; Case No. 3:24-cv-9324

PATENT

NOKIA'S 7000 PATENT FAMILIES DECLARED ESSENTIAL TO 5G

Nokia the telecom giant has announced that 7,000 of its patent families have been declared essential for the 5G standard. These foundational 5G inventions include enhanced 5G radio protocol design, 5G security and interface technologies, enabling seamless communication between devices (such as smartphones, connected cars, etc.) and 5G networks.
Nokia contributes its inventions to open standards in exchange for the right to license them on fair, reasonable and non-discriminatory (FRAND) terms. This will allow companies to license and utilize these technologies without the need for significant in-house investments in standard development, fostering innovation and the creation of new products and services for consumers.

(1) https://www.capacitymedia.com/article/nokia-patent-families

PATENT

NOVARTIS AG V/S NATCO PHARMA

Novartis AG filed a lawsuit against Natco Pharma in the Delhi HC, alleging that Natco Pharma infringed upon its "276026 (IN'026)". In response, Natco Pharma argued that Novartis had withheld crucial information regarding a divisional application that was refused by the Controller of the Patent and contended that this undisclosed information could potentially impact the validity of the trial.
The court acknowledged that such omissions could significantly impact the fairness of the proceedings. To address this concern and ensure a fair trial the court exercised its discretionary power and permitted Natco Pharma to file a written statement within thirty days.

(1) Novartis AG & Anr. vs. Natco Pharma Limited; CS (COMM) 229/2019

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More