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Tamil Nadu :Duplicate products seized; five arrested
Duplicate electrical products and auto parts of leading companies were seized at Hosur in Krishnagiri district and Dharmapuri town in Dharmapuri district recently.
Police personnel conducted raids at electrical shops and on auto parts sellers along with members of a private firm Enforcers of Intellectual Property Rights and recovered fake products worth Rs. 3.95 lakh.
In Hosur town, police raided the shops on Old Bangalore Road and seized duplicate products worth Rs. 75,000. Two persons - Prakash Chand (22) and Karnaram (45) were arrested. Police have filed cases under Sections 486 and 420 of IPC and Sections 77, 78 and 79 of Trade and Merchandise Marks Act.
In Dharmapuri town, police raided electrical and automobile parts shops on Arumaga Achari Street and Rajagopala Goundar Street and recovered duplicate products worth Rs. 3.20 lakh. Krishna Ram (21), Pasupathi (48) and Pandurangan (52) were arrested in this connection.
Police have filed cases under Sections 51 and R/W 63 of the Copyrights Act.
Roche wins trademark case against Cipla in Bombay High Court
MUMBAI: Roche Ltd, the Indian arm of Swiss drugmaker F Hoffman La Roche Scientific, has won a trademark-infringement case against Cipla Ltd over its anti-infection drug brand-named Valcyte.
The Bombay High Court found Cipla’s brandname ‘Valcept’ —- for the generic version of the drug valganciclovir —- infringing upon Roche’s trademark rights.
The court has given Cipla three weeks to change the brand-name of its version.
Generic drugs are copycats versions of innovator drugs, and are sold far cheaper. Cipla’s Valcept is priced at Rs 245 per tablet against Roche Valcyte’s Rs 1,000.
Names of mountains not acceptable for registration- FMCG-Cons. Products-News By Industry-News-The Economic Times
The Registrar of Trademarks has said that Mount Everest Mineral Water cannot register names of mountains as trademarks, dealing a blow to the Tata Group firm in its tussle with Ramesh Chauhan’s Bisleri over the name Himalaya.
Citing the Geographical Indications Act, the office of the Registrar of Trademarks has maintained that names of mountains are not acceptable for registration as trademark for agricultural and natural products.
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The Registrar of Trademarks has said that Mount Everest Mineral Water cannot
register names of mountains as trademarks, dealing a blow to
the Tata Group firm
in its tussle with Ramesh Chauhan’s Bisleri over the name Himalaya.
No relief to Chauhan in Maaza dispute- Food-Cons. Products-News By Industry-News-The Economic Times
In a setback to Bisleri owner Ramesh Chauhan, Delhi HC on Monday declined to modify an earlier injunction (ruling) order against
Bisleri and in favour of The Coca-Cola Company (TCCC) over the legal battle involving IPR for the Maaza beverage. Reacting to the court order, Mr Chauhan told ET that his company Aqua Minerals (AMPL) has asked the HC to vacate this order on the basis that it has no jurisdiction in the matter.
The Delhi HC, in its latest order passed on November 17, has ruled that it would not modify the injunctions it had earlier granted in favour of TCCC and against Mr Chauhan’s company. TCCC has maintained that even though it did not buy the Maaza trademark outside India, no agreement grants Mr Chauhan’s company the right to use the formulations sold to and owned by TCCC outside India
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Change in Bill okayed to protect Indian trademarks globally - The Financial Express
In a bid to ensure better protection for Indian trademarks across the world, the government on Thursday approved modification in the Trade Marks (Amendment) Bill. Talking to media persons after the meeting of Cabinet Committee on Economic Affairs, minister of state in the Prime Minister’s Office, Prithviraj Chavan, said, “The amended Bill will provide better protection to Indian trade marks in designated member countries and afford reciprocal protection to trade marks from member countries abroad.”
It will thus encourage transfer of technology through trademark licensing and franchising and generally promote overall business confidence in Indian intellectual property rights (IPR) system globally, he added. The approval given by the Cabinet for modification of the Trade Marks (Amendment) Bill, 2007, with certain consequential changes was on the basis of recommendations contained in the report of the department-related Parliamentary Standing Committee on Commerce, the minister said. The Bill would be introduced in Parliament, he added.
Amendment to Apeda Act may delay protection of basmati rights - The Financial Express
After Pakistan’s refusal to accept India’s offer of joint registration of basmati, under the Geographical Indications (GI), the government’s move to empower the Agricultural and Processed Food Product Export Development Authority (Apeda) for undertaking the registration process through an ordinance may be delayed for few months.
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Apeda spends Rs 3-4 crore annually in legal cases, in order to protect basmati against IPR violations across the world.
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Pakistan had granted a trade mark (TM) to the basmati Growers Association (BGA), providing it with exclusivity, even as India and Pakistan had earlier agreed to jointly bid for a GI for basmati. The Registrar of Trade Mark, Karachi, while granting the TM on BGA, has set aside the opposition of Apeda through its legal council. Apeda had offered to jointly register basmati under GI along with the Rice Exporters’ Association of Pakistan, which was rejected by Pakistan government.
Delhi High Court Scrabulous judgment
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13. The defendants claim to be lawfully operating their websites and that
there have been no attempt to misappropriate any traffic. It is claimed that
that the metatags used are in relation to their product Scrabulous and not
Scrabble. Using the word scrabble in coding was a method of describing the game
and was not intended to indicate any brand. They also deny that their website
contains hyperlinks to various unauthorized infringing websites. Since the word
scrabble is in the public domain, any such use cannot be infringement of the
plaintiffs? rights. It is also pointed out that the plaintiffs do not have any
version of their game online, and therefore, there is no question of diverting
Internet traffic.
A new battle is beginning in branding for the Web - The Financial Express
To marketers large and small, the Web is a wide open frontier, an unlimited billboard with boundless branding opportunities. For the empirical proof, look at the filings with the government for new trademarks that, put simply, are brand names. Applications surged in the dot-com years, peaking in 2000 and then falling sharply for two years, before rising to a record last year of more than 394,000.
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Applications surged in the dot-com years, peaking in 2000 and then falling sharply for two years, before rising to a record last year of more than 394,000.
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Now, companies want to slap a brand on still vaguely defined products and services in the uncharted ephemera of cyberspace—the computing cloud, as it has come to be known.
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Madras HC restrains 2 cos from using ‘Omega’ trade mark
Ordering decree in favour of a Switzerland firm, Omega S.A., the Madras High court restrained by an order of permanent injunction, the Hyderabad-based Avanti Kopp Electricals and the Chennai-based Sona Electric Corporation from manufacturing and sale of all ranges of switches and other allied/cognate goods so as to pass off their goods as those of the Swiss firm by using the expression ‘Omega’ which was the registered trade mark of the Swiss firm.
In an order, on a suit filed by the Swiss firm, Mr Justice A.C. Arumugaperumal Adityan, held that the contention of the defendant firms that the plaintiff-company (Omega S.A.) had not manufactured any switches, and, hence, the use of the trade mark ‘Omega’ would not amount to infringement of the registered trade mark, could not hold any water.
The defendants could not use the word ‘Omega’ even on the wrapper M.O. 2 (series) of switches, the Judge ruled.
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The defendants contended, inter alia, that the word ‘Omega’ was not something exclusively used by the plaintiff, and the said word, which was the name given to the last letter of the Greek alphabet, was not anyone’s invention.
Holding that use of the word ‘Omega’ in relation to electrical goods amounted to infringement of the plaintiff’s trade mark, the Judge ruled that the plaintiff was entitled for a direction against the defendants to surrender the dies, books etc. under the Trade & Merchandise Marks Act.
An order of mandatory injunction was granted directing the defendants to handover all the unused plastic wrappers (used to cover switches manufactured by defendants) bearing the registered trade mark, to the plaintiff.
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Madras HC nod to Kamal Haasan’s magnum opus
Dasavatharam, actor Kamal Haasan’s so-called magnum opus, is all set to hit the screens after it cleared the legal hurdle on Thursday.
A High Court Bench here dismissed a petition filed by the International Sri Vaishnava Dharma Samrakshanna Society (SVDSS), represented by president Swamy Govinda Ramanuja Dasan, demanding change of movie title and deletion of certain scenes from the movie. Justices K Venkataraman and M Satyanarayana ruled that Dasavatharam was an ancient name without any intellectual property rights attached, and as such, nobody could object to it as the title of a movie. The court also refused to direct the Censor Board to delete certain portions, as the petitioners themselves have not watched the movie.
BIS raids packaged water units, detects misuse of ISI mark
CHENNAI: A team of officials from the Bureau of Indian Standards (BIS), southern regional office, have detected the use of fake ISI mark by manufacturers of ‘Sri Thulasi,’ ‘Sri Energia’ and ‘Classik’ in the 20-litre bottle and ‘RSK Aqua,’ ‘Happy’ and ‘Purity’ packaged water brands.
This followed the raids conducted by them on Wednesday on the premises of Sri Tharun Aqua Products, Vellerithangal-Vengathur Road, Tiruvallur, and Kapil Water Company, Sembarambakkam village, Poonamallee taluk to check the misuse of the ISI mark on packaged drinking water. Pouches of 250 ml were also seized from the company in Tiruvallur.
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BIS raids packaged water units, detects misuse of ISI mark
Staff Reporter
CHENNAI: A team of officials from the Bureau of Indian Standards (BIS), southern regional office, have detected the use of fake ISI mark by manufacturers of ‘Sri Thulasi,’ ‘Sri Energia’ and ‘Classik’ in the 20-litre bottle and ‘RSK Aqua,’ ‘Happy’ and ‘Purity’ packaged water brands.
This followed the raids conducted by them on Wednesday on the premises of Sri Tharun Aqua Products, Vellerithangal-Vengathur Road, Tiruvallur, and Kapil Water Company, Sembarambakkam village, Poonamallee taluk to check the misuse of the ISI mark on packaged drinking water. Pouches of 250 ml were also seized from the company in Tiruvallur.
New claimant for the term Sensex
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While it is generally accepted that ‘Sensex’ is the term used by the Bombay Stock Exchange (BSE) to represent its benchmark 30-share Sensitive Index, there is now a new claimant for the term. Pune-based veteran stock market analyst Deepak Madhukar Mohoni has staked claim for the term though he said, “I have no problem with everybody using the word Sensex and I have no intention of registering it as a trademark until I found out that the BSE is trying to register the word ‘Sensex’ as its trademark,’ while talking to The Hindu.
Mr. Mohoni has filed a case against the BSE, claiming exclusive ownership of the term ‘Sensex’ as he claimed that he had coined it as far as back 1989 when he started contributing articles to Business World. He alleged that the BSE was not using the word ‘Sensex’ till 1995. Even newspapers started using the term Sensex before the BSE by 1992-93.
State to seek legal view on use of ‘Mumbai’ - IndianExpress.Com
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The Maharashtra Government on Tuesday said it planned to seek legal opinion on whether private entities could be forced to use ‘Mumbai’ in their names instead of ‘Bombay’, days after the Shiv Sena raised the demand and even blackened some boards which said ‘Bombay’.Speaking to reporters after a meeting at the office of the Director-General of Police, Deputy Chief Minister R R Patil said although the city’s name had been legally changed to Mumbai from Bombay, some private entities and brands continued to persist with Bombay in their names. The state Government would ask the state Law and Judiciary Department for its opinion on whether this could be changed, he said and urged the Shiv Sena “not to hurry” in enforcing this.
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Sanjay Raut had attacked establishments and institutions which continued to use ‘Bombay’ in their title despite the city’s name being changed to Mumbai during the rule of the Shiv Sena-BJP alliance.
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