In a recent decision, the Delhi High Court has restrained a person from using the trademark Goodyear, which is associated with and is a registered trademark of the multinational tyre company. The petitioner company, which registered in the U.S in 1906, stated that it had branched out to India in 1920, registering the Goodyear mark in 1943 under Class 12 for tyres for vehicle wheels and inner tubes. The defendants on the other hand argued that they had been using the mark in respect of brake oil, grease, gear oil, etc. since 1997, which was later on registered in 2002. The High Court, after weighing the arguments of both the parties was of the opinion that the petitioner company is prima facie a well-established company with an extensive reputation and goodwill accruing to the trademark. The defendant company was thereby restrained from using the mark Goodyear or any other mark which is identical or deceptively similar to the plaintiff (Goodyear) in any manner whatsoever.
Following the rumours of a potential beauty line by Harry Styles, Ariana Grande is reported to have been preparing to launch her own brand. The newly-wed pop star, as revealed by beauty insider has filed a trademark for “God Is A Woman,” which was the name of her hit track from the 2018 album Sweetener. The upcoming beauty line is said to cover the categories of skincare, body care mousse, mists, soufflés, perfumes, shower gels, and bath gels as of now.
Activision Blizzard will face jury trial in a case brought by former pro wrestler Booker T, who claims a character in video game “Call of Duty” infringes copyright in a character he created. Huffman sued the game publishing company in 2019, claiming that it had ripped off his ‘G.I. Bro’ wrestling persona in “Call of Duty Black Ops 4”. Huffman contended that there is a constitutional right to jury trial based on the Fifth Circuit’s 1964 decision in Swofford v. B & W, Inc., which he argued “long ago settled” the issue. The grounds for the suit are based around the visual similarities of the two characters, with the complaint including a visual comparison of the two. Huffman is seeking a piece of the more than $1 billion profit Activision made from the game.
Macron favoured a proposal made by India and South Africa at the World Trade Organisation for a Temporary Lift on the patents on Covid 19 vaccines and said France will raise the issue at the G7 summit, at a press conference in Paris. The French President called for easing of the supply of raw materials for the production of coronavirus vaccines to India and other countries as it was necessary to ramp up manufacturing for their own requirements as well as to help the african countries.
The National Music Publishers’ Association in the United states has sued the virtual gaming platform Roblox, seeking $200 million in damages for allegedly allowing users to upload music from different artists without paying a licensing fee. It was reported by the Verge that the NMPA filed a suit on behalf of several major music publishers accusing the platform of sharing a library of copyrighted but unlicensed music from Ariana Grande, Imagine Dragons, deadmau5 and several other artists.
An FIR was registered against Jain and Kangana Ranaut and a few others after Ashish Kaul, the author of the book “didda: the warrior queen of Kashmir”, accused them of copyright violation and cheating. The Khar police registered the FIR under IPC sections cheating, criminal breach of trust and conspiracy as well as the Copyright Act, following an order of a local court on an application filed by Kaul. Jain’s counsel told the division bench that he would appear before the police and cooperate with the investigation as and when required. The HC bench accepting the statement, said that in the backdrop, the arrest of the petitioner does not seem to be warranted and that he shall not be arrested till July 1.
World Bank President David Malpass said that the bank does not support waiving intellectual property rights for Covid-19 vaccines at the World Trade Organization out of concern that it would hamper innovation in the pharmaceuticals sector. His comments on the subject, made during a call with reporters on World Bank economic forecasts, came as WTO negotiations over the proposed waiver resumed in Geneva. Asked whether he backs a WTO vaccine IP waiver, which India, South Africa and other emerging market countries argue is needed to expand vaccine access, Malpass said: “We don’t support that, for the reason that it would run the risk of reducing the innovation and the R&D in that sector.” The comment puts Malpass, a Trump administration nominee, at odds with the Biden administration, which is supporting text-based WTO negotiations for vaccine intellectual property rights, led by US Trade Representative Katherine Tai. Major vaccine makers and the pharmaceutical industries have opposed the waiver from the WTO’s agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), arguing that it would stifle innovation and do little to effectively increase vaccine supplies constrained by trade barriers, shortages of components and a lack of manufacturing capabilities.
Fingerprint Cards has been granted a biometrics patent by the U.S. Patent and Trademark Office for the design and manufacturing of a capacitive fingerprint sensing module for integration in smart cards. The patent document for the proposed ‘Fingerprint sensing module and method for manufacturing the fingerprint sensing module’ describes the use of a biometric sensing module with electric wire-bonds connecting pads to the external circuitry (to the module) of the device. This technology can help deliver fingerprint biometrics at lower costs suitable to smart cards, FPC says. This is because it supports the “mill and drill” technique currently used in card production, with a conductive inlay laminated at the center of the card. “In presently available smart cards, fingerprint sensor modules can be soldered on an inlay and the card is in turn laminated with the inlay as a center layer and with a cavity in the card upper layer leaving the fingerprint sensor module exposed upon card lamination,” the inventors write.
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