Wednesday, 29 January 2014

IP news update- 29/01/2014

Microsoft to fund IPR Chair at Gujarat National Law University
The GNLU will soon have an IPR chair funded by Microsoft Foundation

Apple wins patents for solar powered MacBook

Apple on Tuesday was awarded by the US Patent and Trademark Office, a patent dubbed simply "Electronic device display module" describes a two-sided display for the lid of a portable computer, such as Apple's MacBook. 

Samsung & Ericsson End Long-Running Patent Dispute With New Licensing Deal

Samsung has secured another front against patent attack by shelling out to renew an IP-licensing deal with Ericsson — settling pending litigation attached to the long-running dispute.

Obama Calls for Patent Reforms
President Obama repeated his calls for reform patent law during his State of the Union address Tuesday

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WIPO Arbitration Panel Award “” domain name to golf course

The World Intellectual Property Organization UDRP Panelist, Nick J Gardener has awarded the domain name to the famous golf course St Andrews Links. This is an interesting case because St Andrews is also the name of the town in which St Andrews Links is located.
 St Andrews is a town in Scotland, which is famous for its golf courses and is widely regarded as the original home of golf, where the game was first developed in the early 15th century. The name St Andrews therefore enjoys much reputation around the world, particularly among golfers. 
The Complainant, St Andrews Links Limited is one of the famous golf courses in St Andrews and is the owner of numerous applications and registrations worldwide for the mark ST ANDREWS. 20750015

The case of the Complainant is that the Respondent, Peter Arnold has registered a website with Webfusion Ltd and has offered for sale, golf related merchandise and equipment including a booking service for the Complainant’s golf courses. 
The Respondent has never appeared before the Panel and hence the decision is made exparte in favour of the Complainant. 
For succeeding in a proceeding under UDRP, the Complainant must establish that: 
1) The Domain name is identical with or confusingly similar to the Complainant’s trademark;
 2) The Respondent has no rights or legitimate interests in respect of the Domain name;
 3) The Domain name has been registered in bad faith. 
The Panel finds that the Complainant has legitimate rights in the mark ST ANDREWS and the impugned Domain name is identical or confusingly similar to the Complainant’s trademark. Further the Panel also finds that the Respondent has no rights or legitimate interests in the Domain name as the evidence submitted by the Complainant clearly indicates that the Domain name was selected by the Respondent because of its association with the Complainant. 
As a result, the Panel finds that the Domain name has been registered and is being used in bad faith. Interestingly, the panelist, in his decision, also recognizes the rights of third parties to use the mark ST ANDREWS in an additional section titled “Other Consideration”: “As indicated above whilst the Panel concludes that the Respondent has no legitimate interests in the name “St Andrews” it may well be that there are other entities or organizations which could claim such an interest. Nothing in this Decision by this Panel should be taken to involve any determination as to the respective rigs of the Complainant and any such entity”.
Image from here.
You can see the full judgement here

This blog post was originally posted at 

Sunday, 4 November 2012

Ek Tha Tiger in Copyright Tussle

Salman Khan's recent block buster film Ek Tha Tiger is now engaged in copyright battle with script writer Anand Pande. Anand Pande accuses that story of the movie Ek Tha Tiger is a copy of his original work titled "Ghost War" .

He submits that he has shown his work to Yash Raj Films, producers of Ek tha tiger who after rejecting the story has incorporated the same into their new hit movie.

Following his complaint Bombay High court Division bench of Justice A S Oka and Sadhana Jadhav has directed the police to conduct a probe into the complaint and submit their report before 7th November.

Anand has also registered a complaint with the Writers Association. Ek tha Tiger is an Indian romantic action thriller film which has accounted a total gross profit of Rs 300 crore.

Thursday, 18 October 2012

"Man of Steel " stays with DC comics

DC Comics, famous comic book publishers would retain their rights to "Superman comic" after a Judge ruled that the heir's of one of the Super hero's co creators signed away their ability to reclaim copyrights 20 years ago.
Super man - the Man of steel, was introduced by Shuster and Jerry Sigel as a comic book series in 1938 and since then have been entertaining reader irrespective of age.
DC Comics sued the heirs of artist Joe Shuster in 2010, seeking a ruling that they are not entitled to reclaim Superman's copyrights, stating that Shuster's sister and brother have relinquished their right to reclaim copyrights in 1992 in exchange for annual pension payments from DC Comics.
The ruling means that DC comics and its owner Warner Bothers can retain all rights to continue using the character in books, films, television and other mediums. This is particularly relevant as new superman film "Man of Steel" is to be screened in 2013 

DC Books Win Copyrights Over Superman

After SRK, it is the turn of Mr. Khiladi

Few days back, we got the news that Shahrukh Khan is all set to get the name SRK registered at the Trademark Registry. In somewhat we may refer to as following the suit, Akshay Kumar is heard to be making efforts to get the name 'Khiladi' registered at the Trademark Registry. 
He has been acted in seven Khiladi movies since 1992. Also, he is awaiting his eighth outing with the upcoming Khiladi 786. He is set to take his association with the successful franchise a step forward. 

“Khiladi has become a brand that Akshay is associated with. And Akshay is very emotional about it. That’s why he has decided to apply for a trademark,” says an insider. He further adds that “The idea is to bar its usage for commercial purposes, including films, TV, advertisements and other industries".