SiNApSE IP Review 5th December to 12th December 2011

 

 

Copyright Recap

Lightstorm's Avatar amidst a Copyright storm The 2009 release of worldwide blockbuster movie, “Avatar” had been targeted several times with accusations and lawsuits claiming copying of idea, script, content and screenplay, all unsuccessful so far in obtaining a judgement against the filmmaker James Cameron and his company, Lightstorm Entertainment.  A complaint filed by Eric Ryder, former employee of Lightstorm Entertainment on 12.08.11 has however gathered much interest in the film and media circles in Hollywood, as it is the first such claim by a former employee who alleges non appreciation of his efforts and exclusion of his name from the success of the movie… Copyrights in the Land of Blood and Honey I would like to second my friend Vasundhara’s opinion that copyright issues pertaining to the film industry is nothing new. Now here is yet another example. Angelina Jolie, the leading Hollywood actress has been sued for copyright infringement. To give you a background of the case, Angelina is in the process of directing her new movie, “In the Land of Blood and Honey” which is being shot in Bosnia. James J. Braddock, a Croatian journalist and author claims that the movie is inspired from an article that he wrote in 2007. The suit is filed before the Federal Court of Illinois… iPad not an iPad in China: What’s in a name? In 2010 Apple Inc. had launched one of the first tablet PC by the name iPad, which was a remarkable introduction to technology. The product became a hit worldwide in no time. But in the background Apple was fighting a legal battle with Proview Technology (Shenzhen) a Taiwanese company over the name “iPad”, the case was of copyright infringement… Doctor's Copyrights over Patients Comments In 2010, Robert Lee went to a New York based dentist Dr. Stacy Makhnevich’s office for a sore tooth. After his treatment, he received a bill of $4,766/- which he requested to be sent to his insurance company. Somehow the papers went to the wrong insurance company and on his complaint, the papers were not returned to him. He was directed to another third party who demanded 5% of the bill fee for their services. Fed up by this, Lee wrote negative reviews about Makhnevich and her practice on two websites named, Yelp and DoctorBase… ‘Adjustment Bureau’ in Copyright trouble for adjusting royalty Controversies involving copyright with respect to movies are nothing new. However, the producers of the 2011 Matt Damon starrer “Adjustment Bureau” found themselves in the middle of a rather unusual controversy. After having purchased the rights of the movie from the estate of a deceased author whose short story forms the source of the movie, it came to light that they didn’t need to purchase the rights at all…

Trademark Recap

Local lookalikes win trademark case over Adidas The Western Cape High Court of South Africa held that Pepkor Retail Limited, a local retailer dealing with similar line of products, has not infringed or passed off his goods as that of the leading sports brand Adidas. Judge Allie made few remarks in the course of the judgement which suggested that there was no infringement by the defendants. Firstly she said that the stripes in the mark of Pepkor wither had 2 or four stripes but not 3 like Adidas does. Further, the stripes weren’t placed at equal intervals and had a two plus two spacing.. Amul and Nestle to fight for ‘A+’ mark The desi manufacturer of milk products, Amul has sued international brand Nestle for trademark violation of its brand ‘A+’. Amul was founded in 1946, and has emerged as the world’s largest diary producer over the years. Amul’s products are extremely popular and much sought after. Recently, Nestle India has launched its new dairy brand ‘a+’ in the market. Gujarat Cooperative Milk Marketing Federation (GMMFC) that markets the Amul brand has sent a legal notice against Nestle India alleging that it has infringed Amul’s trademark by passing off its similar product (Nestle A+ Milk and dahi) as those of Amul’s. Amul claims that it is the prior user of the mark A+, and has been manufacturing the said brand since one year… Public Information Officer Shown the Stick for Not Taking RTI Application Seriously The Central Information Commission (CIC), in a recent decision, came down hard on the Central Public Information Officer (CPIO) and Assistant Registrar of Trademarks, Ms. Prem Lata and recommended disciplinary action against her. In the case namely Shri Mohan Vidhani v. Ms. Prem Lata (decided on 24th November, 2011), the Appellant Shri Mohan Vidhani filed an RTI application on 14/10/2010, seeking information about a file relating to a complaint made by him with respect to illegal renewal of a trademark. The CPIO failed to respond to the RTI application within the stipulated time period of 30 days under the RTI Act…