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Rameshwari Photocopy Services and Others, colloquially known as the DU Photocopy Case, was an Indian copyright law court case in the Delhi High Court filed by academic publishers Oxford University Press, Cambridge University Press and Taylor & Francis, against Rameshwari Photocopy Services and the University of Delhi, the former being a shop ...
An accounting of profits is proper in a trademark infringement case only where the defendant engages in willful infringement, meaning that the defendant attempted to exploit the value of an established name of another. [45] Alternatively, a plaintiff may recover damages incurred if they show a reasonable forecast of lost profits.
KP Permanent Make-Up, Inc. v. Lasting Impression I. Inc. 543 U.S. 111, 124 (2004) ("a plaintiff claiming infringement of an incontestable mark must show likelihood of consumer confusion as part of the prima facie case, ... while the defendant has no independent burden to negate the likelihood of any confusion in raising the affirmative defense ...
The landmark case for deciding on infringement cases in India is R.G. Anand, which laid out the following test: if "the viewer after having read or seen both the works is clearly of the opinion and gets an unmistakable impression that the subsequent work appears to be a copy of the original" then the copyright has been infringed. [43]
Indian trademark law statutorily protects trademarks as per the Trademark Act, 1999 and also under the common law remedy of passing off. [1] Statutory protection of trademark is administered by the Controller General of Patents, Designs and Trade Marks, a government agency that reports to the Department of Industrial Policy and Promotion (DIPP), under the Ministry of Commerce and Industry.
Following military clashes along the disputed border between India and China, the Indian government banned TikTok along with over 50 other Chinese apps, citing national security concerns.
The U.S. International Trade Commission said on Tuesday that smartphones made by Lenovo's Motorola Mobility infringe patents owned by Ericsson, which could lead to a ban on U.S. imports of the ...
Westinghouse trademark, registered in the U.S. in the 1940s (automatic washing machine) and 1950s (coin laundry) but now expired. Linoleum Floor covering, [22] originally coined by Frederick Walton in 1864, and ruled as generic following a lawsuit for trademark infringement in 1878; probably the first product name to become a generic term. [23 ...