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SpicyIP Weekly Review (November 11-November 17)
- Delhi High Court passed a judgment, prima facie finding that Marico’s “Saffola oats” trademark was “generically disparaged” by Alpino’s advertisements. Samsung India is opposing the use of ‘Samsung’ in an application to register the trade union of its workers. WIPO published a report titled “Making Innovation Policy Work for Development” on the need for economies to diversify for better utilization of knowledge and eventual economic prosperity. Bombay Court restrained “Jhampa” from infringing “Campa”‘s trademark. Dhanush and Nayanthara locked horns over the use of behind the scenes footage in Nayanthara’s Netflix documentary. High Court restrains reuse of embossed beer bottles by other brands. New York Federal Judge dismisses copyright infringement suit; TuneCore and Believe face lawsuit for copyright infringement against Universal Music Group and Concord.
- In Madras High Court, M/S. International Films won a permanent injunction against International Films for infringing its copyrights. Bibin John won the appeal against the interim injunction restraining them from passing off the trademark “MELANGE”. The Madras High Court also held that the Trademark Registry was taking a rigid approach, functioning akin to a “pre-programmed robotic than a human being managing the affairs of human beings”.
- Ask Automotive Limited was granted an injunction against Ask Enterprises for the alleged infringement and use of their trademark “ASK” on automotive products like air filters in Delhi District Court. Delhi High Court granted an interim injunction restraining Alder Biochem Private Limited from using the trademark/name “ALDER BIOCHEM” which infringed upon Zydus Healthcare Limited & Ors.’s registered trademark “BIOCHEM”.
- In Hugo Boss Trademark Management Gmbh And Co. vs Sharwan Kumar Ahuja, the Court found the evidence collected by a local commission’s inspection was enough to rule in favour of Hugo Boss, which claimed copyright and trademark infringement and sought permanent injunction and damages. Bombay Court restrained “Jhampa” from infringing “Campa”‘s trademark.
- In international developments, New York Federal Judge dismisses Raw Story and AlterNet’s copyright infringement suit against OpenAI. TuneCore and Believe face a lawsuit for copyright infringement against Universal Music Group, ABKCO & Concord Music.
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