1. Delhi High Court Challenges Trademark Monopoly Over Shape Variants
In a notable decision, the Delhi High Court declared that possessing a trademark registration for a specific shape does not entitle a party to monopolize all variations of that shape. Justices Vibhu Bakhru and Amit Mahajan, in the case of M/s Suman International & Anr. vs Mahendra Gulwani & Anr., overturned a previous ruling that restrained appellants from activities like manufacturing rose-shaped lollipops. The Court emphasized the need for registrants to prove distinctive usage and secondary meaning, asserting that mere registration of generic shapes does not guarantee exclusivity. The judgment underscores the importance of demonstrating uniqueness in trademark claims and sets a precedent against overreaching trademark protection for common shapes.
2. Madras High Court Challenges Labelling Technical Processes as Business Methods in Patent Application
The Madras High Court, in a transfer civil miscellaneous appeal, has overturned a decision by the Controller of Patents and Designs who had denied a patent for an invention titled “For selectively concealing physical address information,” deeming it a business method under Section 3(k) of the Patents Act, 1970. Justice Senthilkumar Ramamoorthy clarified that though the invention could find application in a business context, it primarily involves a technical process with hardware and software components for data privacy. The Court emphasized that the patent claim pertains to the deployment of technology for data protection rather than being a business method per se. Citing Section 3(k) and the CRI Guidelines, the Court ordered a re-consideration, assigning the task to an officer distinct from the one who issued the initial order, with a mandate to provide a reasoned decision within four months after allowing the appellant a fair opportunity to present their case.
3. Booking.com’s ‘MakeMyTrip’ Keyword Use Deemed Not a Trademark Violation
In a significant legal development, the Delhi High Court has set aside an order restraining Google from using the term ‘MakeMyTrip’ as a keyword on its Google Ads Program. The Division Bench of Vibhu Bakhru and Amit Mahajan overturned the previous ruling that deemed Booking.com’s use of ‘MakeMyTrip’ as a trademark infringement. The court emphasized that the use of trademarks as keywords, even by competitors, does not constitute infringement under Section 29 of the Trademarks Act, 1999. The judgment highlighted that the Single Judge’s conclusion, suggesting that such use amounted to infringing under Section 29(4)(c), was erroneous. The case centered around MakeMyTrip’s claim that Booking.com’s bidding for its trademarks as keywords on Google Ads Program constituted trademark infringement. The court’s decision now clarifies the legal stance on the use of trademarks as keywords in the context of online advertising.
4. US Copyright Office Rejects AI-Generated Artwork for Lack of Human Authorship, While India Stands Firm in Approval
In a recent development, the US Copyright Office (USCO) has upheld its decision to deny copyright registration for Ankit Sahni’s AI-generated artwork, ‘Suryast,’ citing the absence of sufficient human authorship. The artwork, co-authored by Sahni and AI tool RAGHAV, faced controversy as it was granted registration in India in 2020. The USCO contended that RAGHAV’s contributions outweighed Sahni’s creative input, deeming the final image a derivative work. This marks the fourth instance of the USCO rejecting AI-generated content, aligning with the Thaler case. Meanwhile, legislative clarity is being sought globally regarding AI authorship, with India and other jurisdictions exploring different approaches.
5. Reliance Jio and IIT-Bombay Collaborate on ‘Bharat GPT’ Project
Reliance Jio collaborates with IIT-Bombay for ‘Bharat GPT,’ revealing plans for a TV operating system. Akash Ambani, Jio’s chairman, shared these developments during IIT Bombay’s Techfest, underscoring the company’s commitment to a robust development ecosystem and the vision of “Jio 2.0.” Ambani highlighted the imminent launch of AI across sectors and the development of Jio’s TV operating system. He also expressed enthusiasm about 5G private networks and positioned India as a major innovation center. Ambani encouraged a fearless entrepreneurial spirit, emphasizing societal contributions and the transformative role of technology.