TRADEMARK
DREAM 11 GETS RELIEF FROM DELHI HC
Recently, Dream 11, a fantasy sports platform in a trademark and copyright infringement case secured a favorable order from the Delhi HC, against a replica website that misled the public using Dream 11's registered trademark, logo, and tagline. Justice Amit Bansal issued a permanent injunction, prohibiting the website from using trademarks or layouts that infringe on Dream 11's intellectual properties.
The Plaintiffs, also argued that the replica site also offered fantasy sports services identical to Dream 11's, misdirecting users to a betting site, www.gugobet.com, which promotes illegal gambling. The court further ordered GoDaddy.com LLC (Defendant No.2) to transfer the domain name 'www.dream11com.in' to the Plaintiff.
(1) Sporta Technologies Pvt. Ltd., And Anr. V. Hong Yi F35 And Others CS (COMM) 663/2023 & I.A. 18534/2023
TRADEMARK
MADRAS HC GRANTS TAFE INTERIM RELIEF IN TRADEMARK DISPUTE
Recently, Tractors and Farm Equipment Ltd. ('TAFE'), a leading Indian tractor manufacturer, obtained a favourable interim injunction from the Madras HC in its legal dispute with Massey Ferguson Corporation, a subsidiary of US-based AGCO Corporation ('Agco').
This injunction arose from a dispute over TAFE's right to use the Massey Ferguson brand after Agco terminated their long-standing agreement, which allowed TAFE to sell tractors under that name. The trademark usage agreement, which was in effect since 1994, was terminated in April 2024, with Agco citing multiple breaches by TAFE. Consequently, TAFE lost its rights as a licensee and distributor of Massey Ferguson products in India and nearby regions.
TAFE argues it has exclusive rights to the Massey Ferguson brand in India and contends that the termination was unjustified and detrimental to its business operations. The court granted TAFE's request for interim relief, safeguarding its claimed rights over the Massey Ferguson brand during the ongoing lawsuit.
COPYRIGHT
KERALA HC OVERTURNS CONVICTION IN FAKE AUDIO CASSETTE CASE
The Kerala HC set aside the conviction of a man accused of selling fake audio cassettes on a Kannur footpath, finding that the prosecution did not establish copyright infringement under Section 51(a) of the Copyright Act. The accused person was first found guilty by the Sessions Court and the Magistrate Court after the police confiscated 38 tapes.
Justice K. Babu noted that the prosecution failed to verify the cassettes' contents, identify the copyright holder, or confirm any exclusive rights or licenses. Furthermore, Section 52A requires that details about the sound recording's creator and copyright holder be displayed on the cassettes, which the prosecution could not demonstrate was present. Consequently, the Court decided that it was unjust to convict someone without establishing all the elements of the offense.
(1) O. P. Ashraf v The State of Kerala and Others Crl. Rev. Pet 866 of 2022, 2024 LiveLaw (Ker) 648
COPYRIGHT
PERPLEXITY AI SUED BY DOW JONES
Dow Jones, Rupert Murdoch's parent company of the Wall Street Journal, and the New York Post have filed a lawsuit against AI startup Perplexity AI, alleging copyright infringement. They claim Perplexity AI has engaged in "massive illegal copying" of their content, reflecting a broader conflict between tech firms and media companies over the use of copyrighted material for AI training.
This lawsuit comes after The New York Times sent a cease-and-desist notice to Perplexity, asking it to stop using the newspaper's content. Other publishers, like Forbes and Condé Nast, are also considering legal action. The lawsuit claims that Perplexity takes large amounts of its content to create responses for users, which means it competes directly with traditional news websites. As part of its strategy, Perplexity AI has introduced a revenue-sharing model for publishers and has signed deals with companies like Fortune, Time, and Entrepreneur, reflecting two distinct approaches publishers are taking amid the surge of AI-generated content: litigation and licensing agreements.
(1) https://www.reuters.com/legal/murdoch-firms-dow-jones-new-york-post-sue-perplexity-ai-2024-10-21/
PATENT
MADRAS HC RULES IN FAVOUR OF BAYER'S APPLICATION
The Madras HC addressed Bayer's appeal against the refusal of their patent application (4574/CHENP/2007) for "Long-Chain Inulin". Bayer argued that their invention, which involved preparing long-chain inulin from artichoke roots with enhanced stability, stronger prebiotic effects, and beneficial viscosity, was novel and inventive.
The Controller had rejected the application, arguing that prior art already disclosed similar inulin compositions and benefits. They asserted that Bayer's approach was obvious, as it involved using purified inulin with a higher molecular weight, which did not truly represent an inventive step.
Bayer countered that their invention featured a higher degree of polymerization and molecular weight, supported by comparative data. The court found that Bayer's invention was indeed novel, highlighting the specific chain length and higher molecular weight achieved through fractionalization. The court noted that the Controller had not properly considered the invention's unique contributions, which involved achieving higher molecular weight through fractionalization. The court also pointed out that while previous patent grants are not binding, the Controller should have addressed them more thoroughly. Ultimately, the decision was overturned, allowing the patent application to proceed.
(1) Bayer Cropscience AG vs The Assistant Controller of Patents and Designs [(T) CMA (PT) No. 219 of 2023]
MISCELLANEOUS
WELL-KNOWN DRUG COMPANIES FAIL QUALITY TEST
In a shocking news, India's Central Drugs Standards Control Organisation ('CDSCO') has flagged 53 drugs as Not of Standard Quality ('NSQ') after random testing. In August, they issued NSQ alerts for popular medications from well- known companies, including Alkem Laboratories, Hetero Drug, Hindustan Antibiotics Limited ('HAL'), Life Max Cancer Laboratories, Pure & Cure Healthcare, Unicure India Ltd., and Meg Lifesciences.
Some affected drugs include anti-diabetic medication Glimepiride, hypertension drug Telma H (Telmisartan 40 mg), paracetamol (500 mg), acid reflux treatment Pan D, and antibiotics like Shelcal C and D3.
Additionally, a Kolkata-based lab has identified some antibiotics from Alkem and Hetero as spurious or substandard. The CDSCO published two lists of failing drugs- one with 48 well-known products and another with 5 additional ones, including responses from the companies, who denied responsibility, claiming the products were spurious. In August, the CDSCO also banned over 156 fixed-dose drug combinations ('FDCs') that could be harmful, adding to the 499 FDCs already prohibited since 2014.
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