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.
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.
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
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