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[Part I] Cryogas Judgment: Supreme Court Stops Copyright from ‘Gaslighting’ Design

SpicyIP

Inox India Limited and Others , Aditya Bhargava discusses the jurisprudence on the difference between copyright and industrial designs and the two-pronged test to distinguish between the two intellectual properties adopted by the Court in this case. Inox India Ltd.

Designs 59
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[Part II] Cryogas Judgment: Supreme Court Stops Copyright from ‘Gaslighting’ Design

SpicyIP

Part II] Cryogas Judgment: Supreme Court Stops Copyright from Gaslighting Design By Aditya Bhargava In the first part of the post, I looked at how jurisprudence has evolved from the Microfibres case in 2006 up to the present case in Cryogas. This became known as the functional vs. aesthetic dichotomy in design cases.

Designs 59
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No retroactive protections for well-known trade marks against GIs for wines, says Advocate-General

The IPKat

The dispute concerns the geographical indication "Salaparuta" for Sicilian wine, which received protection in Italy in 2006, and then was registered as a Protected Designation of Origin (PDO) by the European Commission in 2009. The wine brand has been around since the nineteenth century and its trade marks are well-known.

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Hot n Cold ruling from Australian Federal Court partially overturns Katy Perry trade mark decision

The IPKat

The case concerned the Australian trade mark registration for the words "KATIE PERRY" (No. The case concerned the Australian trade mark registration for the words "KATIE PERRY" (No. Where there exists a penumbra of uncertainty in the scope of the registration, this would not generally be resolved in favour of the trade mark owner.

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“Cacio Romano” does not infringe PDO “Pecorino Romano”, says Italian Supreme Court

The IPKat

The case saw the Consortium of producers of protected designation of origin (PDO) “Pecorino Romano” acting against Formaggi Boccea, an Italian cheese producer, which owns “Cacio Romano” trade mark. 13 and 14 Regulation No 510/2006 on geographical indications. 13(1)(b) Regulation No 510/2006, a registered name (i.e.,

Art 141
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Belarus files two Belarusian PGIs for protection in the EU, but with a wrinkle

The IPKat

Often lurking outside the spotlight of EU IP law, Protected Geographical Indications (PGIs) and Protected Designations of Origin (PDOs) pose their distinctive set of legal requirements. When you add to this an application from a non-EU country, you get the following.

Designs 128
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SpicyIP Weekly Review (January 20 – January 26)

SpicyIP

Lokesh Vyas dwells on these questions in his post in the aftermath of SRAIs registration! The plaintiff claimed to have adopted the trademarks in 2006, acquired a registered design in 2019, and built significant goodwill for his products. The plaintiffs claims regarding his trademarks and registered designs were upheld.