TRADEMARK
HOUSE OF MASABA SECURES INTERIM RELIEF
Fashion designer Masaba Gupta's company (Plaintiff) has filed a case in the Delhi HC for trademark infringement against Instagram pages of the Defendants for using "masabacoutureofficial.co" and "masabacouture.in" as their profile names. The Plaintiff's company, well known for fashion, jewellery, and cosmetics, argued that the Defendants' use of these marks for similar goods and services could mislead consumers and damage the distinctiveness of their registered "MASABA" and "MASABA COUTURE" trademarks. The HC granted the Plaintiff interim relief, restraining the Defendants from using the Plaintiff's trademarks or any identical marks. Further, it directed Instagram to remove the infringing accounts and provide the Plaintiff with any available contact information of the Defendants'.
(1) House of Masaba Lifestyle Private Limited v.
Masabacoutureofficial. Co & Ors.; CS(COMM)143/2025 with I.A.
4243/2025, I.A. 4244/2025, I.A. 4245/2025, I.A. 4246/2025 and
I.A. 4247/2025
TRADEMARK
PETER ENGLAND A WELL-KNOWN TRADEMARK IN INDIA
PETER ENGLAND owned by Aditya Birla Fashion Retail Limited (ABFRL) known for its clothing, accessories & footwear brand, has secured the 'well-known trademark' status. The Delhi HC granted the designation after ABFRL filed a lawsuit against Friends Inc. & another (Defendants) for infringement of its "PETER ENGLAND" trademark, copyright, and associated artistic work. ABFRL won the suit, with the court restraining the Defendants from using the mark. Following this, ABFRL's counsel prayed to the HC to formally recognize "Peter England" as a well-known mark. The HC, after examining extensive evidence of the mark's long- standing use in India and globally since 1997, its considerable revenue, and its substantial advertising, promotion, and marketing investments, granted the Plaintiff's prayer.
(1) Aditya Birla Fashion and Retail Ltd. v. Friends Inc and Ors; CS(COMM) 566/2024, I.A. 33082/2024 & I.A. 33087/2024
COPYRIGHT
INDIAN MUSIC INDUSTRY JOINS LAWSUIT AGAINST OPEN AI
The Indian Music Industry (IMI) and its members Saregama and Super Cassettes (T-Series) have filed an interim application to join the ongoing litigation between news publishers and OpenAI. The IMI alleges that OpenAI's use of its sound recordings to train AI models constitutes copyright infringement. They claim this unauthorized use infringes on their copyrighted works. This move follows similar actions by Indian book publishers and media groups (including NDTV & Network18) who have already joined the suit. Internationally, GEMA, a German music rights management organization, has also filed a separate lawsuit against OpenAI in Germany related to similar copyright concerns.
(1) Jawed Habib Hair & Beauty Limited vs. Rashid
Molla; COMMIP 170/2023
COPYRIGHT
WILL SMITH GRANTED RELIEF IN "GEMINI MAN COPYRIGHT INFRINGEMENT SUIT"
Science fiction author Kissinger Sibanda filed a $1.7 million copyright lawsuit against several parties, including Skydance Productions, Gemini Pictures, Paramount Pictures, David Ellison, Will Smith and others associated with the film "Gemini Man," (Defendants), which is ongoing. Sibanda alleges that the 2019 film infringes on his 2011 science fiction novel, "The Return of Gibraltar." He claims the film borrowed themes, characters, and cultural elements from his book.
Sibanda asserts that he contacted the Defendants in 2020 regarding the alleged infringement but received no response or settlement offer. While he states the original script was written in 1997, he contends that the film's development difficulties were resolved after the publication of his novel, suggesting the film then drew inspiration from his work. While the Federal Court has dismissed the claim specifically against Will Smith, the lawsuit remains active against the other Defendants and continues to explore the merits of Sibanda's copyright infringement claims.
(1)
https://www.yahoo.com/entertainment/smith-emerges-victorious-gemini-man
013021629.html
COPYRIGHT
AI IMAGE GRANTED COPYRIGHT PROTECTION
The U.S. Copyright Office (USCO) has granted copyright protection to "A Single Piece of American Cheese" (2024), an image created with AI assistance. This decision is notable because it represents a change in the USCO's position. In 2023, the office rejected a similar application from Kent Keirsey, CEO of Invoke, an AI creation platform, citing insufficient human authorship.
The turning point came with the release of Part II of the new Copyright Office guidelines emphasizing "meaningful human authorship" as the standard for protection. Keirsey, armed with these guidelines, successfully petitioned for reconsideration, demonstrating his substantial creative contributions to the "American Cheese" image. His work included selection, coordination, arrangement, and approximately 35 AI-assisted edits. The USCO, convinced by this evidence of human creative control, granted copyright protection.
(1)
https://petapixel.com/2025/02/12/this-is-the-first-ever-ai-image-to-be-granted-copyright-protection-
a-slice-of-american-cheese/
PATENT
FEDERAL COURT CLARIFIES ABOUT WRITTEN DESCRIPTION & ENABLEMENT REQUIREMENTS
The US Federal Circuit Court reversed a Delaware District Court's decision that invalidated a patent related to the drug Entresto, sold by Novartis. Entresto is a pharmaceutical composition of Valsartan and Sacubitril, which are "administered in combination". Generic drug companies filed an ANDA application before the Food DA for selling generic version of Entresto. Following the same, Novartis brought a suit for patent infringement against the manufacturers. The manufacturers challenged the patent, arguing it lacked sufficient written description and enablement, because it didn't disclose the specific complex formed by Valsartan and Sacubitril in Entresto.
The District Court initially ruled that while the patent satisfied the enablement requirement, it failed the written description requirement. However, the Federal Circuit Court overturned this ruling, clarifying that the written description needs only support what is claimed in the patent—the combination of Valsartan and Sacubitril—and not all possible embodiments or future developments like the complex itself. This decision clarifies the standard for written description in pharmaceutical patents and allows the Entresto patent to remain valid.
I1) n Re: Entresto (Sacubitril/Valsartan), 2023-2218 (Fed. Cir. Jan. 10, 2025).
PATENT
ISCELLANEOUS
The US
The Ministry of Law & Justice has invited public comments on the draft Advocates Amendment Bill, 2025, with a deadline of February 28, 2025. This proposed legislation aims to modernize the Advocates Act, 1961, by enhancing transparency, fairness, and accessibility within the legal profession. The government states that the amendments are designed to address current challenges, meet the evolving needs of the nation, and align Indian legal practices with global best practices. Key highlights of the bill include provisions for the Bar Council of India (BCI) to regulate multi-state law firms, a framework for the operation of foreign law firms in India, and a prohibition on strikes and boycotts by lawyers.
The Ministry of Law & Justice has invited public comments on the draft Advocates Amendment Bill, 2025, with a deadline of February 28, 2025. This proposed legislation aims to modernize the Advocates Act, 1961, by enhancing transparency, fairness, and accessibility within the legal profession. The government states that the amendments are designed to address current challenges, meet the evolving needs of the nation, and align Indian legal practices with global best practices. Key highlights of the bill include provisions for the Bar Council of India (BCI) to regulate multi-state law firms, a framework for the operation of foreign law firms in India, and a prohibition on strikes and boycotts by lawyers.
However, the bill has faced significant opposition, particularly from the BCI, which argues
I1)https://legalaffairs.gov.in/sites/default/files/The_Advocates_(Amendment)_Bill_2025.p
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