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IPR weekly Highlights (21)

8 (Demo)
INDIAN LAWS WELL-EQUIPPED FOR AI-GENERATED WORK

Currently, there is no proposal on the table to amend the existing IP laws or create any separate laws for AI-generated content. Mr. Som Prakash, the Minister of State for Commerce and Industry, asserts that the existing legal framework established by the Patent and Copyright Act is sufficient to safeguard AI-generated creations and associated advancements. Alongside the Indian legislation, India’s membership in key international agreements and conventions pertaining to intellectual property rights (IPRs) ensures adequate protection for works generated by legal entities through copyright regulations and shields inventions via the patent mechanism.

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TRADEMARK
NIKE’S NEW BOOTLEGGER

Nike Inc. has taken legal action against Global Heartbreak LLC and Naadier Riles in New Jersey, alleging unauthorized use and infringement of its registered trade dress, for the Air Jordan 1 High Silhouette shoes and outsole design. Nike contends that the defendants deliberately marketed nearly identical Air Jordans, including the swoosh and signature design element, leading to brand dilution and consumer confusion. Nike points to an Instagram post where the defendants allegedly admitted using the Nike Silhouette to gain customers’ attention. Despite receiving a cease-and-desist notice from Nike, the defendants continued the promotion and sales of the infringing products, prompting Nike to seek injunctive relief, damages, and costs in the lawsuit.

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TRADEMARK
DELHI HIGH COURT IMPOSES RESTRICTIONS ON THE UNAUTHORIZED USE OF WINZO TRADEMARKS

The Delhi High Court has imposed a strict ban on all present and future unauthorized use of the WinZo brand across multiple platforms. Orders have been issued by the Court, for domain name registrars to pass on registrant information to the Internet Service Providers, MeiTY (Ministry of Electronics and Information Technology), DOT (Department of Telecommunications), and online platforms to prevent access to infringement-related websites. Legal action is actively being taken against the websites that use WinZo trademarks or similar trademarks in domain names, app extensions, or social networking platforms.

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COPYRIGHT
ARTIST RICHARD PRINCE SETTLES COPYRIGHT LAWSUITS OVER UNAUTHORIZED USE OF PHOTOGRAPHS

Artist Richard Prince has agreed to pay substantial damages to photographers Donald Graham and Eric McNatt to resolve their long-standing copyright disputes. The lawsuits arose from Prince’s unauthorized incorporation of their images into his controversial New Portraits series, sourced from Instagram users, including professional photographers. Prince’s use of the images, some selling for up to $100,000 each, led to accusations of copyright infringement. The legal battles began in 2016 when Graham sued Prince over the use of his 1998 image “Rastafarian Smoking A Joint,”, which Prince integrated into his work “Portrait of Rastajay92.” Later, McNatt filed a similar lawsuit concerning his portrait “Kim Gordon 1.” After years of litigation, settlements were reached, with Prince agreeing to pay $200,000 to Graham and $450,000 to McNatt.

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COPYRIGHT
VISHESH FILMS V/S T-SERIES FOR ‘AASHIQUI’

Mukesh Bhatt, via his production company Vishesh Films, has initiated legal action before the Delhi High Court against T-Series for the rights of the reputed film franchise, Aashiqui. Initially, Vishesh Films and T-Series were collaboratively producing the third installment of the franchise. However, T-Series allegedly proceeded independently to exploit these rights, prompting the lawsuit. The plaintiff argues that they possess a valid trademark registration for the title “Aashiqui” and asserts that any work by T-Series such as “Tu hi Ashiqui” or “Tu hi Ashiqui hai” would constitute a derivative of the franchise. T-Series refutes all allegations and claims it was planning to issue a public clarification on the matter. Currently, the court has directed T-Series to submit a response, and the case is pending legal proceedings.

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PATENT
DELHI HIGH COURT UPHOLDS STANDARDS FOR PRODUCT-BY-PROCESS CLAIMS IN PATENTS ACT

The Delhi High Court clarified the evaluation criteria for product-by-process claims under the Patents Act, emphasizing the necessity of examining the novelty and non-obviousness of the product, regardless of the method of description chosen by the inventor. The court’s decision, rendered in response to appeals filed by Vifor (International) Limited, challenges the earlier order denying interim relief in a patent infringement case against entities including Dr. Reddy’s Laboratories. The ruling overturned the judgment of the single judge and highlighted the error in applying distinct principles to infringement actions concerning such claims. Furthermore, the court left room for Vifor to pursue its claim for a percentage of the sales deposit at a later stage, subject to further orders in the ongoing suits.

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GEOGRAPHICAL INDICATION
PHUKET’S LOBSTER TO GET GI STATUS

The Thailand’s Department of Intellectual Property will shortly recognize Phuket’s seven-colored lobster as one of Thailand’s geographical indications (GI). This GI product registration will protect intellectual property while also ensuring product quality. Phuket’s 7-color lobster has distinct traits, including a huge head and body, a thick colorful shell, and robust antennae. A full-grown lobster measures 3.5–4.5 kilograms and can be served raw or cooked. Phuket already has two GI items registered with the department: the Phuket pineapple and the Phuket Pearl. The third prospective GI product, Phuket garcinia, also known as “buffalo orange,” is now being registered, with the seven-coloured lobster next in line.

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