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Tag: infringement

Xiaomi Infringement Case – an overprotection?

December 11, 2014
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| Categories: Intellectual Property, Patents

Ericsson, a Swedish MNC, got an ex parte interim order from the Delhi High Court against Xiaomi in a case involving infringement of patents relating to AMR technology, 2G and 3G technologies. It is interesting to note that Ericsson had in the past sued Micromax, Gionee, and Intex and did not succeed against Intex but the other two companies. While this being the case, there is also a complaint pending before the competition commission of india (CCI) for alleged unfair trade practices in patents by Ericsson. The injunction now prohibits Xiaomi and its e-tailer Flipkart, which has also been implicated in this case, from selling, advertising, manufacturing or importing the devices that infringe these patents. Also, directions were issued to...

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Incomplete Protection is No Protection– Are you conservative in trademark registration?

November 3, 2013
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| Categories: Intellectual Property, Trademark

I want 100% Protection in one application! – Are you trying to make a fortune out of me? Every trademark lawyer in his career would have faced these statements and questions a numerous times from his clients, “I do not want to spend too much on trademark registration” “Can’t I just protect my mark in one application?”, “Why do you want me to file separate applications?” A client’s state of mind is quite obvious here and perfectly understandable. When approached by our clients, we normally explain them all the legal options available to ensure complete protection. For example, for a food product (FMCG), we normally suggest that separate applications be filed for trade dress, word mark, etc. to get complete...

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Trademark Bullying – are you being bullied?

October 25, 2013
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| Categories: Intellectual Property, Trademark

What is trademark bullying? Bullying, in general, means an act of intimidating a weaker person to do or not to do something.  This term is quite familiar to most of us, especially in the context of school, colleges, workplaces, etc.  Bullying seems to be an epidemic and has invaded the trademark industry as well.  Normally, well-informed clients and/or attorneys do not engage in this behavior. Trademark bullying, in our own words, means a form of threat, instigation, or communication initiated by, in most cases, a registered trademark owner against others who generally may not be registered owners, to do or to stop doing something that is, without any reasonable cause, likely to or is infringing the trademark of registered trademark...

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World Book and Copyright Day, April 23rd

April 23, 2013
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| Categories: Intellectual Property

April 23rd of every year has been celebrated World Book and Copyright Day for over 17 years now by UNESCO.  The member states of UNESCO all over the world celebrate the power of books to bring the world together. Books play a vital role in dissemination of information even at this digital age where webpages, tablet PC and mobile phone are widely used. From UNESCO, "23 April is a symbolic date for world literature for on this date in 1616, Cervantes, Shakespeare and Inca Garcilaso de la Vega all died. It is also the date of birth or death of other prominent authors such as Maurice Druon, Haldor K.Laxness, Vladimir Nabokov, Josep Pla and Manuel Mejía Vallejo. It was a...

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