TRADEMARK
TELANGANA HC OBSERVES TM VIOLATION SUIT PRESUMES URGENCY
The Telangana HC stated that in cases where the plaintiff alleges trademark infringement, the requirement of pre-institution mediation provided under Section 12A of the Commercial Courts Act, 2015 (“Act”) can be waived. The division bench was reviewing the petitioner’s appeal against the Commercial Court’s decision that dismissed its request for a revision. The petitioner/defendant no.1 contended in its revision application that the plaintiff had failed to comply with the mandatory pre-institution mediation requirement, thus making the suit filed by respondent no.1/plaintiff void. However, the Commercial Court decided that the plaintiff had provided an explanation for the requirement of Section 12A to be waived. The Court observed that the onus of satisfying the Court that the suit requires urgent interim relief, is on the plaintiff.
(1) Kohinoor Seed Fields India Pvt. Ltd. vs. Veda Seed Sciences Pvt. Ltd. and Another (Civil Revision Petition No.2297 of 2024).
TRADEMARK
DELHI HC HELD FLIPKART’S LATCHING-ON FEATURE A PASSING-OFF
The Delhi HC has stated that Flipkart’s latching-on feature, which allows third-party sellers to add their listing to an existing product on the e-commerce platform, cannot be allowed, as it is being misused to sell counterfeit products or deceive buyers by falsely attributing them to a specific source. The “Additional sellers” option on a product’s webpage allows a user to view other vendors selling the same product. The court was hearing a case of copyright and trademark infringement filed by a furniture brand named “Maharaja” against Flipkart and two other parties.
(1) Modern Mold Plast Pvt. Ltd. & Anr. v. Flipkart Internet Pvt. Ltd. & Ors., CS(COMM) 803/2024
COPYRIGHT
ZUCKERBERG’S DEPOSITION IN AI COPYRIGHT SUIT ALLOWED
A group of U.S. authors had previously filed a suit alleging that META has used their copyrighted books to train its AI systems, and Meta has not been able to stop them from questioning CEO Mark Zuckerberg. Zuckerberg’s deposition was accepted by the sitting Judge, who cited Zuckerberg’s involvement in AI-related decisions. Although Meta argued that the AI training was covered by fair use laws, the court decided to move forward with the suit.
(1) Kadrey v. Meta Platforms Inc, U.S. District Court for the Northern District of California, No. 3:23-cv-03417
COPYRIGHT
OPENAI SET TO REVEAL ITS AI TRAINING DATA
OpenAI, an artificial intelligence (“AI”) developer and market leader, has agreed to reveal the training data for its generative AI models. This decision comes after a lawsuit for copyright infringement was instituted by various writers such as Paul Tremblay, Sarah Silverman, Michael Chabon, David Henry Hwang, and Ta-Nehisi Coates. The plaintiffs claimed that OpenAI’s models were trained using their copyrighted books without authorization permission.
COPYRIGHT
SQUID GAMES SUED BY INDIAN FILMMAKER OVER COPYRIGHT INFRINGEMENT
The well-known South Korean show Squid Games is facing legal issues as Indian filmmaker Soham Shah has sued the writer of the series and Netflix for copyright infringement. The director alleges that Netflix’s hit show is a duplication of his 2009 movie Luck. According to the lawsuit, the Squid Game series allegedly follows the plot of the film Luck.
The OTT issued a counter-statement refuting all accusations of infringement. “This claim has no merit. Squid Game was created by and written by Hwang Dong Hyuk and we intend to defend this matter vigorously,” a Netflix spokesperson said in a statement.
PATENT
BROOKS SPORTS SUES PUMA IN PATENT DISPUTE
Brooks Sports has filed a lawsuit against Puma in a Virginia federal court, to declare that their Glycerin running shoes do not infringe on a Puma patent for a type of ridged shoe sole. Puma has sued Brooks over trademark and patent issues, including a claim related to Brooks’ advertising for sneakers with nitrogen-infused shoes that violated its Nitro trademark rights. Brooks argues that Puma’s allegations are causing it significant harm.
(1) Brooks Sports Inc v. Puma SE, U.S. District Court for the Eastern District of Virginia, No. 3:24-cv-00668
PATENT
TATA POWER-DDL PATENTS TRANSFORMER BREATHER
Tata Power Delhi Distribution Ltd (Tata Power-DDL) has bagged a patent for their novel self-regenerating transformer breather, which keeps transformers free of moisture and extends their life, which they filed for in 2016. This latest technology significantly decreases the frequency of Silica gel replacements, and limits their maintenance to just once every two years, in contrast to the 4-6 replacements that was typically needed with conventional designs. CEO Gajanan S. Kale noted that this patent is a major technological breakthrough, which will enhance the infrastructure of electricity supply, in difficult weather conditions.
