TRADEMARK
DELHI HC RULES IN FAVOR OF SOUTH KOREAN BEAUTY BRAND
Goodai Global Inc. (Petitioner) a South Korean beauty and
cosmetic distribution company operating in 54 countries under the
brand name 'Beauty of Joeson', filed a trademark
rectification against Shahnawaz Siddiqu (Respondent) in the Delhi
HC. The Respondent had registered the" Beauty of Joseon"
mark in India for goods and services similar to those offered by
the Petitioner; on a proposed to-be-used basis in class 3.
The HC observed that a bare perusal of the two marks shows, they
are nearly identical and likely to confuse consumers. It further
observed that the Respondent had no valid reason to use a device
mark of a Korean name in Hangul characters and appeared to be
attempting to trade on the established goodwill of the Petitioner.
Consequently, the HC ordered the removal of the impugned trademark
No. 5635163 in class 3 from the Register of Trade Marks.
(1) Goodai Global Inc v. Shahnawaz Siddiqu & Anr; C.O.(COMM.IPD –TM) 81/2024
TRADEMARK
PERPLEXITY AI SUED FOR TRADEMARK INFRINGEMENT
Perplexity Solved Solutions (PSS) a Texas-based firm founded in
2017, that provides software solutions through data analytics,
artificial intelligence, and enhanced team collaboration, has filed
a lawsuit against Perplexity AI in the California Federal Court.
PSS claims that Perplexity AI's use of the
"PERPLEXITY" mark and domain violates its registered
trademark rights and constitutes unfair competition, false
designation of origin, wrongful domain name registration, and other
unfair business practices. According to PSS, the use of the
contested mark by Perplexity AI is likely to create customer
confusion, as both companies offer similar software services,
including "Perplexity Meet" and "Perplexity
Software", in a market where Perplexity AI has gained
significant traction.
In 2023, Perplexity AI approached PSS with an offer to purchase the
mark, which was declined. Despite this, Perplexity AI has continued
to use the mark and has even introduced new products under the same
branding. PSS is seeking an injunction to stop the use of the
"PERPLEXITY" mark on its products, social media, and
domain names, among other remedies, and has demanded a jury
trial.
(1) Perplexity Solved Solutions Inc v. Perplexity AI Inc, U.S. District Court, Northern District of California, No. 3:25-cv-00989
COPYRIGHT
LEGAL BATTLE OF COPYRIGHT OWNERSHIP IN SUPERMAN CONTINUES
Last week, the estate of Joseph Shuster, co-creator of Superman, filed a lawsuit in the Federal Court of New York. Shuster originally assigned his rights to Superman to DC Comics in 1938 for $130. In 2003, his heirs, initiated proceedings to terminate a preceding agreement executed in 1992 by Shuster's siblings in an effort to reclaim the rights. Notably, in 2013, the 9th Circuit Court of Appeals ruled that the 1992 agreement exceeded the scope of the 1938 agreement and entitled the heirs to lifetime pensions from DC by effectively cancelling the earlier contract under the laws of New York. The current lawsuit, however, is about jurisdiction based on UK copyright law. The estate argues that these copyright laws automatically terminated previous agreements 25 years after the author's death, causing the rights to the character Superman to revert to them in 2017. The estate is seeking damages and an injunction to block the release of the new Superman film produced by DC Studios and distributed by Warner Bros. Discovery in the UK, Canada, Ireland, and Australia. Additionally, while pursuing a jury trial, they have requested a cease-and-desist order on all new Superman projects until the case is resolved.
(1) https://indianexpress.com/article/world/superman-new-movie-warner-bros-dc-comics-9819607/
COPYRIGHT
MUSIC COMPOSER HAS NO RIGHT TO LICENSE UNDERLYING WORKS
Saregama India Ltd. has initiated a legal proceeding against
Vels Film, for copyright infringement of the literary and musical
works of its sound recording "En Iniya Pon Nilave" in the
Delhi HC. Saregama alleges that Vels Film released a sound
recording "Iniya Pon Nilave" as a recreation of its
copyrighted work without authorization. In its defence, Vels Film
contends that it obtained the necessary permission from the music
composer, the author of the original work, to adapt, recreate, and
synchronize the original song.
On 16th January the HC passed an injunction restraining the
defendants from releasing the contested song on any platform or
media till the next hearing. The Court noted that the music
composer did not have the authority to assign rights to the lyrics,
since he was not the lyricist and that the sound recording rights
belonged to the producer under section 17 of the Copyright Act,
1957. Additionally, the Court allowed the defendant to use the song
conditionally, acknowledging that it had invested in the recreation
and would suffer financial loss if the injunction remained in
place. The defendant was required to deposit Rs. 30 lakhs with the
Registrar General of the Court, failing which the injunction would
continue.
(1) http://Saregama India Limited v. Vels Film
International Ltd. & Ors.; CS (COMM) 38/2025
PATENT
VIA WINS A PATENT INFRINGEMENT SUIT
In a transportation software patent dispute, Via the transit
tech company, filed a patent infringement lawsuit against RideCo in
the Federal Court for the Western District of Texas. The case
involved Via's U.S. Patent Nos. 9,562,785, 9,816,824, and
10,197,411, which cover continuously updatable computer-generated
routes with configurable virtual bus stops, for ride-sharing
fleets, along with related computer-implemented methods.
In response, RideCo filed a counterclaim, alleging that Via had
infringed its U.S. Patent Nos. 10,248,913 and 10,853,743. However,
after deliberation, the jury ruled in favor of Via, finding no
infringement on RideCo's patents. Additionally, the court
dismissed RideCo's counterclaims and ordered the company to pay
$1.4 million in damages to Via.
TRADE SECRET
FORMER GOOGLE SOFTWARE ENGINEER CHARGED WITH 14 COUNTS OF INDICTMENT FOR ECONOMIC ESPIONAGE
In March 2024, U.S. prosecutors charged former Google software engineer Linwei Ding with stealing artificial intelligence trade secrets to benefit Chinese companies. Ding, a Chinese national, was accused of transferring sensitive information about Google's supercomputing data centres, including hardware infrastructure and software platforms used to train large AI models, to his accounts. He allegedly began this activity in 2022 while being courted by an early-stage Chinese technology company. By May 2023, Ding had uploaded over 1,000 confidential files and shared a PowerPoint presentation with employees of a Chinese startup he founded, highlighting China's policies encouraging the development of a domestic AI industry. The federal grand jury in San Francisco indicted Ding on 14 counts, including seven of economic espionage and seven of theft of trade secrets. If convicted, he faces significant fines and prison time. Google has cooperated with law enforcement throughout the investigation.
(1) U.S.A v. Linwei Ding, U.S. District Court, Northern
District of California, San Francisco Division No. 24-cr-00141
VC
MISCELLANEOUS
ASCI WHITE PAPER CALLS FOR RECALIBRATION OF COOKIE STRATEGY IN LIGHT OF THE DPDPA
A recent analysis of India's top 50 websites, accounting for 30 billion visits in December 2024, revealed that only 6% have implemented cookie consent banners, indicating a significant gap in compliance with the Digital Personal Data Protection Act (DPDPA) 2023 and the draft DPDP rules published on January 3, 2025. The white paper emphasizes the importance of aligning cookie consent practices with international standards to foster user trust and navigate the evolving data privacy landscape. It advocates for user-friendly design and transparency in cookie consent mechanisms, including explicit opt-in models and clear options for managing preferences. By prioritizing transparency and user control, advertisers can build consumer trust. The paper also explores the DPDPA's impact on industries such as e-commerce, social media, and healthcare, providing insights on adapting industry-specific data collection practices.
(1) https://www.ascionline.in/wp-content/uploads/2025/01/Navigating-Cookies-Whitepaper.pdf
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