RAYBAND SUNGLASSES

The makers of Rayban sunglasses, "Luxottica" had succeeded in obtaining John doe orders against many shop owners who are selling fake Rayban sunglasses. The court has directed that action by seizure of fake products in such shops.


John Doe orders are passed to enable seizure of infringing goods and operate against any potential defendant, who is identified subsequently

KOTAK MAHINDRA WINS A DOMAIN NAME

Kotak Mahindra bank won a domain name dispute at the WIPO against an individual who had used KOTAK as his domain name. A complaint was filed by the bank against the individual of South Korean descent on July 16, 2009.

Than bank did hold a trademark registration for the mark KOTAK in South Korea which it had got on October 28, 2003.

ARUN JAITLEY FIGHTS FOR HIS DOMAIN NAME

Mr. Arun Jaitley ahs decided to move the Delhi High Court with regards to the auctioning of the url "www.arunjaitley.com".

Mr. Jaitley had suposedly approached Network Solutions Inc. (the company who owns the domain name) for the ownership of the same. He was informed that the domain name was "pending deletion". Within a day or two, the domain name was transfered to an auction Company called Portfolio Brains who in turn put up the same for an auction. The cost of the same is ruored to eb around $ 14,445.

NO TO TWEET

In a blow to Twitter, the USPTO has primarily denied the Trademark application for th word “tweet”.

Twitter originally filed for the trademark on April 16. In the application, the company expressed its desire to use tweet “through the applicant’s related company or licensee the mark in commerce on or in connection with the identified goods and/or services.” It seemed like a standard application that, once reviewed, would make “tweet” one of Twitter’s registered trademarks.

But after reviewing Twitter’s application and sifting through its listing of pending applications, the Patent Office found that three companies had already applied for trademarks that contained “tweet” in their names. They were simply too close to the trademark Twitter wanted.

The Patent Office attached applications sent by those three companies–TweetMarks, Cotweet, and Tweetphoto–with Twitter’s rejection notice. In that notice dated July 1, the Patent Office explained that each of those trademark applications were filed with its office before Twitter’s application.

“Marks in prior-filed pending applications may present a bar to registration of applicant’s mark,” the office wrote.

It went on to say that Twitter’s tweet mark “may be refused registration under Trademark Act Section 2(d) because of a
likelihood of confusion between the two marks.” It couldn’t say for sure that it would be refused registration, since the three previous applications were still pending.

MICROSOFT IN TROUBLE

Microsoft Corp. has landed itself in deep waters. The district court of Eastern Texas has given an injunction agaist MS Word. Any version of Word which can open up an custom XML file has been banned as it infringes the patent of a Canandian Comoany known as i4i.

This comes a s blow for microsoft which was planing on launching its 2010 version. Thsi alos may affect the deal Microsoft tied up with Nokia Recently to provide MS Office application to Nokia Phones.

MICHAEL JACKSON'S PATENT

The untimely death of Michael Jackson has creatin a wave of emotion. In the filed of IPR MJ is wrongly credited with his trademark move the Moon walk. This dance move was in use by other breakdances...MJ just made it famous..so famous that it its origins was atributed to him.

But there is a move which MJ did invent and he did get the Patent for the same. He was granted US Patent No. 5,255,452 for a move in his "Smooth Crminal" Video.

IPL TEAM NAMES APPLIED FOR TM REGISTRATION

A company called KBJ Asset Holding in South Africa is trying to register as trademarks the various team names like Deccan Chargers, KKR etc as their trademarks. These are the team namesof the very popular IPL which had recently concluded in South Africa.

This would amoutnt o a gross violation ofthe rghts and the popularity which these tems enjoy. Various recourses to tacklet he sae are being worked out by legal practionerds in India.

MARICO vs. ADITYA BIRLA

In a fight of a monumental nature, Marico has filed a suit against the use of the Kara Skin Wipes against that of Marico's well established and registered Trademark Kaya Skin Wipes. Marico have also opposed the same at the Trdaemark Registry.

The matter wil be heard at the Delhi High Court in the month of July.

GOOGLE IN HOT WATER OVER ANDROID

In 2002, Erich Specht was awarded a trademark for the use of the name Android Data. The name was applied to his IT software company.  The Compnay was dissolved in 2004. In the year 2007, Google came out and made a statement as regards to the launch of its Android OS.

 tHE uspto denied Google  the right to the name Android over possible product confusion. Google continued to using the name. Specht re-registered a domain for his defunct company and filed a complaint with the trademark office, reading in part:

"]t is clear that Google stole first and asked questions later... Even though they could have, as they put it, arbitrarily chosen any name to brand their products, Google and the OHA members intentionally and without justification chose to affix Plaintiff's Android mark to their websites, products, services, and press releases without regard to ownership."

Specht has filed suit with all the companies involved in the Android Alliance (48 in total), for damages equaling $2 million

IP DAY

The world will celebrate the World IP Day on this sunday , April 26, 2009. On this day, we hope that the world will look at IP in a new light and will ensure that the same will be protected.

PIRATE BAY

A Swedish court has sentenced the four men who masterminded The Pirate Bay -- the world's most high-profile file-sharing website -- to a year's imprisonment. The four (Frederik Neij, Gottfrid Svartholm Warg, Carl Lundstrom and Peter Sunde) have been convicted of criminal copyright infringement and must also pay 30m kronor in damages.

SPAIN SIGNS SINGAPORE TREATY

Spain has signed the Treaty of Singapore on Trademarks on Feb 18, 2009. It will come into effect in Spain of May 18, 2009. Together with Spain there are 10 other signatories to the treaty.

INDUSTRIAL PROPERTY LAW

On February 12, 2009, the Parliament of the republic of Macedonia adopted a new Industrial Property law.

RELEASE OF TKDL

The traditional knowledge Digital Library has been released. This ambitious project has been brought with a desire to protect India’’s Traditional knowledge. The EPO will now consult the above before granting a patent. This will pevent many cases where traditional knowledge has been sought to be patented by those of other countires.

NEW CONTOLLER GENERAL APPPOINTED

Mr. P.H.Kurian, a malayali of the 1986 cadre of the IAS has been appointed the new Controller General of the Patent, Designs and Trademarks. This is historic in nature as it is for the first time that an IAS officer is being appointed.

All IP practioners are waiting with baited breath to see whether any changes will come about in the Registry’s. There are many much desired changes that are urgently required to arrest ineeficient maner in which the Registry’s are presently running.

A new change being noticed is that the examiners are writing their comments on a sheet of paper which is being attached with the examination report when being sent.

CRISTIANO RONALDO's TRADEMARK

The Telegraph today reported that Cristiano Ronaldo, who is Portuguese, has obtained a Portuguese trade mark for the mark 'CR9' fuelling speculation that Ronaldo will leave his current club Manchester United to play for Real Madrid. The newspaper states that Ronaldo, who currently plays for Manchester United wearing a No 7 shirt, has been promised the No 9 shirt by the Spanish club Real Madrid.