The recent ruling by the United States Court of Appeals for the Second Circuit in the case of Hachette Book Group, Inc. v Internet Archive (the IA Case) has raised significant issues regarding copyright, fair use, and access to information. The Internet Archive (IA), a non-profit organisation, digitises print books and provides them for free…

The Division Bench (DB – two Judge Bench) of the Delhi High Court in an appeal against the order of the Commercial Court, Delhi holds use of a sky-blue background and white font in their label is not sufficient for trademark protection as blue is commonly associated with water. The representation of the parties’ marks…

In the trademark dispute between adidas AG and Keshav H Tulsiani over the mark ‘ADIDAS’, the Delhi High Court ruled in favour of adidas, finding the defendant’s use of the mark to be trademark infringement. The court granted a permanent injunction, reinforcing the protection of the well-known mark adidas against its unauthorized use on textiles….

The parties are at logger heads over use of the brand ‘CYCLE. N. Ranga Rao & Sons Private Limited, the Plaintiff, brought trademark infringement and passing off suit against Sujatha Match Works, the Defendant. The Plaintiff claims that they have been using the “Cycle” trademark for incense sticks/agarbathies since 1981 and have built a strong…

Possibly, the first of its kind domain dispute (case no D2024-2516) before the WIPO Arbitration and Mediation where the Complainant was found to have impersonated the Respondent and its vice president Mr. Williams, and fraudulently tried to gain control of its domain name <qw.com>. Facts and Background Parties Involved: The Complainant was filed by Quickware,…

Sanofi-Aventis Deutschland GmbH (Sanofi) has filed this appeal before the Madras High Court against the order of the Assistant Registrar of Trademarks, Chennai in opposition proceedings dismissing opposition against the mark CALDALE of Jagdale Industries Private Limited (Jagdale). Sanofi, the registered proprietor of the mark, CARDACE in class 5 filed opposition against the mark CALDALE…

This decision (by the US Court of Appeals for The Third Circuit) has significant implications for social media platforms, not only in the US but globally, as it suggests that algorithmic recommendations can be considered first-party speech and therefore not protected under Section 230 of the Communications Decency Act (CDA). This could potentially open the…

Background: The convergence of various technologies on single devices has posed significant challenges to technology developers. The Appellant, BlackBerry Limited, a corporation organized under the laws of Ontario, Canada, specializes in providing telecommunication products, services, and solutions. The present appeal under Section 117A of the Patents Act, 1970, was originally filed by BlackBerry Limited before…

‘Tirupati’, the city where the famous Sri Venkateswara Temple sits atop one of the 7 peaks of Tirumala Hills is the bone of contention in the instant dispute between two entities for goods falling in class 17 The Plaintiff, Tirupati Structurals Limited (TSL) filed the suit, at the Delhi High Court, against the Defendant, Jai…

The rapid expansion of technology is leading to digital transformation in every walk of life. At the same time technological advancement has led to the creation of software/applications or tools that are being deployed for proliferation of Intellectual Property infringements for making profit. The recent trend is to create AI applications that can use name,…