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Ratio decidendi
· Copyrights – Hotels whether to obtain licence for in-room broadcasting of copyrighted music subscribed through cable operator – Supreme Court
· Trademarks – Jurisdiction of District Court when pecuniary value of dispute is low – Section 134 of the Trade Marks Act is a special jurisdictional provision, overriding ordinary Civil Procedure Code position – Kerala High Court
· Trademarks – Territorial jurisdiction of High Court – Accessibility of the website is not enough – Madras High Court
· Patents – Restoration application when to precede post-grant revocation – Calcutta High Court
· Copyright infringement – ‘Civil remedies’ include arbitration – Madras High Court
· Disparagement of a product is not covered as ‘commercial dispute’ under Section 2(1)(c) of the Commercial Courts Act, 2015 – Calcutta High Court
· Disparagement – Comparative advertising must be based on truthful statements in overall effect and impact – Delhi High Court
News Nuggets
· Copyrights – Purchase/possession of physical photographs, by itself, does not give copyright in them
· Patents – Hearing under Section 14 to be granted even if same granted during pre-grant opposition
· Trademarks – Bombay HC grants interim relief in a dispute involving use of word ‘Neem’ in toothpaste packaging
· Trademarks – Bombay HC upholds rejection of registration of ‘Ice Cream Rocks’
· Trademarks – Telangana HC upholds injunction against ‘Tasty Nutts’ and ‘Namaskar Tasty Nutts’, observing prior use and distinctiveness of ‘Tasty Gold’
· BRICS – 18th Meeting of Heads of IP offices held in New Delhi
· Copyrights – US Government says that AI training is fair use
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