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ITAG Weekly News

WEEKLY NEWS

14th January 2016

GIPC Successfully held

Global Intellectual Property Convention, 2016 held from 7th to 9th January at JW Marriot, Delhi was successfully concluded with the participation of 453 Delegates from 35 countries representing 86 Companies and 138 IP service providers. ITAG Team thanks all the Delegates and participants for their esteemed presence at this mega event.

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Supreme Court : No Trademark Rights for holy books

The Supreme Court has ruled that no one can claim the names of holy books and scriptures such as the Ramayana and the Quran and use them as trademarks for selling their goods and services.

This ruling came when an appeal was filed by Bihar based Lal Babu who had sought to trademark the word “Ramayan” to sell incense sticks and perfumes against the order of Intellectual Property Appellate Board. The grounds on which the judgment was given was that the word 'Ramayan' represents the title of a book written by Maharishi Valmiki and is considered a religious book of the Hindus in our country. Thus, using exclusive name of the book 'Ramayan', for getting it registered as a trademark for any commodity cannot be permissible under the (Trade and Merchandise Marks) Act,".

The court has also objected to pictures used by him on the incense stick packets and said that the photographs of Lord Rama, Sita and Lakshman shown on the label were a clear indication that he is taking advantage of Gods and Goddesses, which is not permitted otherwise. The court has observed that if any other word is added as suffix or prefix to the word 'Ramayan' and the alphabets or design or length of the words are same as of the word 'Ramayan', then the word 'Ramayan' may lose its significance as a religious book and it may be considered for registration as a trade mark.

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Italian luxury jacket maker wins damages from Chinese counterfeiter

An Italian luxury jacket manufacturer, Moncler has won major damages from a Beijing-based counterfeiter. Moncler, best known for its ultra-pricey, down-filled puffa jackets, said the Intellectual Property Court in China had awarded an amount of (420,000 euros, $470,000) in damages as a result of trademark infringements by Beijing-based company Nuoyakate Gourmet.

Nuoyakate Gourmet was manufacturing and selling jackets with counterfeit Moncler logos and the Chinese company had even tried to register fake trademarks and domain names in China and elsewhere.

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Textile company fined for using pirated software

An Indian textile company Pratibha Syntex Ltd, based in Indore was ordered to pay a $100,000 penalty by a US Court to settle charges of using pirated software that helped it gain competitive advantages over American businesses. The Indian company exports clothes to top American companies, including Walmart.

As per the settlement, which was filed in the Los Angeles Superior Court and approved by a Judge, the company agreed to pay $100,000 as compensation within 30 days. It was alleged by the attorneys based in California that Pratibha Syntex was engaged in illegal business practices that placed California garment companies at a disadvantage, while hurting American software companies’ ability to develop new and innovative products.

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