Tag: infringement

Amendments of Vietnam’s Draft Intellectual Property Law

Vietnam passed its first Intellectual Property Law in its National Assembly in the year 2005. Since then, the law has been amended twice, in 2009 and 2019, to respond to the dynamic social and economic environment of the country. Recently, the Vietnamese government issued a draft 3rd Amendment to the IP Law. The amendment is … Continue reading Amendments of Vietnam’s Draft Intellectual Property Law

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Infringement of Copyright: Will giving Intellectual Property Rights a Criminal Connotation Combat Freedom of Speech?

Legally speaking, the automatic protection of creative artistic, theatrical, musical, and literary works is referred to as copyright. Infringement of copyright happens when a third party infringes on the rights of the copyright holder by utilising the copyright holder’s work without the copyright holder’s consent. IP owners often face the difficult decision of whether to pursue … Continue reading Infringement of Copyright: Will giving Intellectual Property Rights a Criminal Connotation Combat Freedom of Speech?

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Aaj Tak vs Newslaundry: Restriction or Criticism

The Indian media has evidently touched its new law after Aaj Tak has claimed against the media watchdog Newslaundry to prevent former’s criticism of news reportage. After this criticism by Newslaundry, allegedly, an impression that the TV Today Network (that owns Aaj Tak and India Today) is involved in broadcasting and publishing fake news and … Continue reading Aaj Tak vs Newslaundry: Restriction or Criticism

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Copyright Infringement: Bollywood V. Hollywood

Bollywood, India’s Hindi-language film business, is one of the world’s largest and fastest-growing film industries, both commercially and culturally. Through its fascinating material, it has managed to maintain a foothold on its global audience. However, various complaints have surfaced in the industry, implying that there is a problem with unlicensed copying of Hollywood films. Adaptations … Continue reading Copyright Infringement: Bollywood V. Hollywood

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MakeMyTrip vs Booking.com- Injunction on the usage of Adwords

Infringement and Passing off of trademarks are strictly prohibited by the legal provisions and judicial precedents. When a person uses a trademark without permission, it amounts to infringement. Passing off involves creating some false representation that is likely to lead someone to believe that the goods or services are those of someone else. The organization … Continue reading MakeMyTrip vs Booking.com- Injunction on the usage of Adwords

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Natural Law and Patent: American Axle case

American Axle involved allegations of infringement of a patent pertaining to a method for attenuating driveline vibrations in order to reduce vehicle noise. The district court applied the Supreme Court’s two-step framework for analyzing patent ineligibility and held that the asserted claims were patent ineligible. The court found that the claims were “directed to” natural laws … Continue reading Natural Law and Patent: American Axle case

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TM And Design Patent Conflict Example

TM And Design Patent Conflict Example: For a long, when we compare the trademark with that of a design, the inclusion of a trademark in the design was not meant much when we talk about the design patent infringement analysis. In one of the recent cases of Columbia Sportswear North America Inc. vs. Seirus Innovative … Continue reading TM And Design Patent Conflict Example

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Daimler AG and Avanci enters patent licensing deal

Daimler AG has entered an agreement with patent licensing pool Avanci covering standard-essential 4G patents. Avanci acts as a one-stop marketplace for standard-essential patents owned by 47 companies, including Ericsson and Qualcomm, which cover 4G, 3G and 2G technology used in connected vehicles. Avanci last year launched a new patent pool for the auto industry … Continue reading Daimler AG and Avanci enters patent licensing deal

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Groundless Threats For Patent Infringement: Analysing S.106 Of Patents Act,1970

INTRODUCTION A groundless threat is one when a party threatens another party with legal proceedings without having a basis for the threats. The threat could be produced in the form of either written communication or orally. For instance, if a threat to prosecute for infringement is made where there has been no infringement, or the … Continue reading Groundless Threats For Patent Infringement: Analysing S.106 Of Patents Act,1970

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District Court Decides Which Party was the Wrongdoer in the Ballet Shoes Trademark Case

I.M. Wilson, is a Pennsylvania corporation which operates in King of Prussia in Pennsylvania and sells a variety of dance-related products, including ballet shoes and printed shoes. The founder of the corporation is Irene and the President is I.M. Wilson. OOO Grichko is a Russian company that manufactures and sells dancewear products, including ballet shoes … Continue reading District Court Decides Which Party was the Wrongdoer in the Ballet Shoes Trademark Case

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