7th November, 2011

Darjeeling Tea gets EU’s protected GI tag

India's Darjeeling tea has been granted the Protected Geographical Indication (PGI) status by the European Union. This is the seventh non-EU product to be designated as PGI. The PGI tag seeks to protect product names from misuse and imitation.

Darjeeling tea, grown in Darjeeling district of West Bengal, is recognized to be the finest tea because of its distinctive flavor. For existing blends mixing Darjeeling tea with non-Darjeeling tea, the EU regulation stated that there will be a five-year transitional period during which the term can continue to be used. After this period, the blends would have to be renamed.

There are currently over 1,000 names of agricultural products and foodstuffs protected as PGI in the EU, which also designates products as PDO (protected designation of origin) and TSG (traditional specialty guaranteed) promote and protect names of quality agricultural products and foodstuffs. The other six non-EU products which have been conferred the status are one from Colombia and five from China.

 

Film “RA.One” in copyright dispute

Again another Bollywood movie RA.One is involved in dispute due to violation of the provisions of the Indian Copyright Act. This film featuring Shah Rukh Khan had to bear a loss of rupees one crore, for an impending IPR violation. However, the court did not stay the release of the film but has ordered Red Chillies Entertainment to deposit an amount of Rs. One crore in the registry before the release of the film, which they might have already paid as the film is now running in theaters across India.

Yash Patnaik, a television writer and producer had earlier discussed with Mushtaq Sheikh, the script-writer for RA.One and had also registered the concept of a futuristic film called ‘One’ with the Film Writer’s Association. It was alleged before the Division Bench of the Bombay High Court that Sheikh used the concept discussed with him and sold the idea to Shah Rukh Khan’s production house, Red Chillies Entertainment, without recognizing Patnaik’s contribution.

The Court upheld the contention that the character in RA.One resembled Pattanaik’s concept, in ‘attributes and appearance’. However, the matter is still pending for final decision. .

 

Tide Water Oil India acquires rights to Veedol trademark

Tide Water Oil Co. (India) Ltd. has acquired Scotland based Veedol International Limited (VIL) from Castrol Limited and Lubircants UK Limited, wholly owned subsidiaries of BP plc for an undisclosed amount.   Tide Water Oil, a lubricant-maker under the Veedol brand in India would obtain the global rights to a large collection of registered trademarks for the 100 year old lubricant brand - "Veedol" along with its associated product sub-brands and logos.

All rights, title and interest in the "Veedol" brand would be forward to Tide Water Oil in the regions where VIL previously owned registrations for the brand in 123 countries through this acquisition.

This purchase would aid in the expansion of the Indian company in overseas markets and ease the risk associated with previous disputes over Veedol brand rights with BP Plc in India. In 2004, BP Plc had alleged illegal use of the Veedol brand by Tide Water was which was contested by Tide Water.

 

Demstore.Com Sued for Infringing Trademark Obama

Obama for America, the 2012 re-election campaign committee for the US President Barack Obama has sued a Washington-based retailer, Washington Promotions & Printing Inc.  for trademark infringement.

In the lawsuit filed in federal court in Chicago, Obama for America alleges that Washington Promotions & Printing Inc. and its Demstore.com website infringe the “rising sun” trademarks from the 2008 campaign and sold merchandise featuring the so-called Rising Sun logo used in Obama's campaigns.

The campaign committee which owns the trademarks for both the red, white and blue Rising Sun logo and design stated that consumers are likely to consider that the promotional company is associated with Obama for America, and that this would impede its profit from the sale of merchandise bearing the Rising Sun Trademarks. Obama for America has sought a court order stopping the retailer from continuing to sell products with the Rising Sun logo and seizure of all infringing merchandise and promotional materials.

The Rising Sun logo used on ads, posters and other images by the Obama for America campaign in 2008, shows a sun rising out of a horizon within the letter “O”.

 

Openwave and Microsoft Corporation sign Patent Licensing Agreement

Microsoft Corporation has approved to license Openwave Systems Inc.’s patent portfolio. Microsoft is the first company to license Openwave's portfolio of approximately 200 patents, including several foundational patents covering smart device and cloud technologies.

Redwood City, California-based Openwave is a global company which makes mediation and messaging software for mobile phones has a blue chip customer support spanning North America, Latin America, Australia and New Zealand, Asia, Africa, Europe, and the Middle East.

In August this year, Openwave had filed complaints with the International Trade Commission against Apple Inc. and Research In Motion Ltd. alleging repeated infringement of five Openwave patents and appealed to ITC to bar the import of smartphones and tablet computers that infringe its patents, including Apple's iPhone 3G, iPhone 3GS, iPhone 4, iPod Touch, iPad and iPad 2; and RIM's Blackberry Curve 9330 and Blackberry PlayBook

 

US launch the Stop Online Piracy Act to combat digital theft

The United States has introduced "The Stop Online Piracy Act," a bill that would give the government the ability to block web sites in the US and abroad who deal with counterfeit goods, illegal software, and other copyrighted goods.

The Stop Online Piracy Act will help to promote prosperity, creativity, entrepreneurship and innovation by combating the theft of intellectual property. The main object of this legislation was to target the poor offshore commercial websites that are dedicated to theft of U.S. intellectual property. This legislation will provide tools to enforce IP rights online helping creators and artists to protect their intellectual property.

The US innovative community comprises of small businesses and individual entrepreneurs including large media corporations, MNCs and individuals working as authors, photographers, artists, etc. Enforcing copyright and online intellectual property laws helps to conduct legitimate business by providing consumers a safe and trustworthy marketplace.