Author: Biswajit Sarkar - IP Law Firm India

Converse Fails to Sneaks up on the Sneaker Industry

July 11, 2016 Biswajit Sarkar - IP Law Firm India Post time: 10:31 am

Converse’s Chuck Taylor sneakers loose trademark battle against Wal-Mart, Sketchers and New Balance. The U. S International Trade Commission(ITC) invalidated Converse’s trademark for chuck’s stripes, toe cap and toe bumper. In 2014 converse had sued 31 companies for infringing its Chuck Taylor All Star sneakers.

The BREXIT Effect

July 11, 2016 Biswajit Sarkar - IP Law Firm India Post time: 10:04 am

With the masses of United Kingdom choosing to leave the European Union, it has raised many questions about its affects on various arenas of Trade and Law that the EU system had self sustained itself in. One of the major concerns is regarding Intellectual Property

Can Cheerleaders’ Uniform Claim For Copyright Protection?

July 8, 2016 Biswajit Sarkar - IP Law Firm India Post time: 12:49 pm

In 2010 in U.S., Star Athletica had published its first catalog of cheerleading uniforms and immediately was sued. On the other hand, Varsity Brands, the world’s greatest producer of cheerleading and dance-team uniforms purported that Star Athletica’s uniform has violated Varsity’s copyrighted designs. At this

IS PARODY SPOOFING LEGAL UNDER COPYRIGHT LAW?

July 8, 2016 Biswajit Sarkar - IP Law Firm India Post time: 12:18 pm

INTRODUCTION With the advancement of intellectual property rights, new lexicon like ‘parody spoofing’ has also surfaced. So the question comes up , what is Parody /Spoofing? Why is it so much in public interest? Parody is a creative work that impersonates the characteristic style of

The Indian Need of a Utility Patenting Model

July 1, 2016 Biswajit Sarkar - IP Law Firm India Post time: 11:32 am

Utility patent is one of the three types of patents available in the United States of America. Based on the basic requirement of usefulness, the claimed ‘use’ should exist for a utility patent to be granted. In US, utility patents are granted for Machines, Articles

Television Giants gain victory over Digital TV boxes

July 1, 2016 Biswajit Sarkar - IP Law Firm India Post time: 10:01 am

The Federal Court Canada has ordered an interim ban on the sale of Digital set-top boxes that come preloaded with copyrighted contents. BCE Inc., Rogers Communications Inc. and Quebecor Inc.’s Videotron Ltd, teamed up to take legal action against five defendants namely: iTVBox.net, My Electronics,

Lea(thers) takes a bite off Apple

June 30, 2016 Biswajit Sarkar - IP Law Firm India Post time: 10:54 am

The Beijing Municipal High People’s Court, in its recent judgment has decided in favour of Xintong Tiandi, for the use of the phrase ‘IPHONE’ on its leather goods. The Court held that the U.S Tech Giant was unable to prove of ‘iPhone’ being well known

Oracle’s nightmare doesn’t get overturned; looses a $9bn claim to Google and much more

June 30, 2016 Biswajit Sarkar - IP Law Firm India Post time: 10:41 am

U.S District Court has denied Rule 50 motion to overturn the jury verdict, that “Google’s use of Java API(Application Programming Interfaces)was fair use”. The six year old battle started with oracle already having proven the infringement by Google in the previous suit. Oracle’s Contention was

Trademark Case Studies

June 28, 2016 Biswajit Sarkar - IP Law Firm India Post time: 12:01 pm

Trademark is used to identify the goods of one manufacturer from the goods of others. It is like a brand name. They are important for business as they allow the companies to establish the reputation of the products which they produce. They include words, symbols,

‘m&m’ Melts in Sweden

June 28, 2016 Biswajit Sarkar - IP Law Firm India Post time: 11:41 am

The Svea Court of Appeal , at Stockholm ruled in favour of Mondelez International in a trademark dispute over ‘m&m’ against Mars. The Court held that Mars would be liable to pay fine up to $246,000. Starting this July, Mars barred from selling its colourful sugar

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