December-2015

For Private Circulation and information purpose only. 


Apple to receive 548 million $ from Samsung with an asterisk *.

In the patent infringement suit filed by APPLE Inc against SAMSUNG, the California District Court had affirmed the compensation of 548 million $ in favor of APPLE. The SAMSUNG has thus stepped forward to pay the said amount to APPLE by Dec 14, 2015. The initial ruling in the year 2012 against SAMSUNG spoke of payment of 930 million $.

The US Court of Appeals for Federal Circuit upheld the 548 million $ for patent infringement. SAMSUNG has filed an appeal which is pending in Supreme Court, thus has agreed to pay the said amount on the condition that if the decision of lower court gets set aside in the appeal or the patent gets invalidated then it would be eligible for a refund from APPLE.

 


 

FORD: now a well known Trademark in Russia.

One of the oldest Automobile Company “FORD” achieves Well Known Trademark Status in Russia. The said trademark FORD was in use in Russia since 2007. The said Trademark FORD was granted registration by ROSPATENT – which is an Intellectual Property registration authority in the year 2011. The Company applied for being granted a wellknown trademark status in Russia, which was declined on the grounds that the Company was unable to prove themselves to be well known enough among the Russian population. Against the said decision an appeal was sought, wherein the appeal court held the decision of ROSPATENT to be erring and asked the same to decide the application afresh. Thus ROSPATENT after considering the application again has now found FORD to be a well known trademark in RUSSIA. The status of being a well known trademark makes the task of the proprietor of the mark easier to take legal actions against the infringers who use the well known trademark for different goods and services other than the one for which the said well known trademark is registered.

Indian Supreme Court puts embargo on the claim of trademark on the Gods name or name of holy books.

The said ruling came on an appeal filed by the appellant named Lal Babu Priyadarshi, who challenged the order of Intellectual Property Appellate Board wherein the Board denied the registration of the trademark “RAMAYAN” for incense stick and perfumes filed by the appellant. The Asst Registrar of trademark had allowed the registration of the appellant against which the opponent had filed an appeal before the IPAB.

The Supreme Court expressly held that no one can claim a right on the names of the holy books or god’s name and thus the appellant could not be allowed to have statutory rights on the trademark RAMAYAN used by him. There were certain other factors also which led to the dismissal of the appeal filed by the appellant like, there were also 20 other traders who were selling off their goods by the mark RAMAYAN and also the opponent who had opposed the registration application of the appellant was using the mark RAMAYAN prior to the appellant. Thus the effect of this ruling may come heavily on the proprietors across the nation who sells off their goods and service by the name of Holy names.