Chambers of Jain and kumar is full-service law firm located in the heart of national capital. Our primary aims is to provide suitable legal solution for matters that concern individuals and business establishment. Our aim is to implemented customized legal solution with complete personal attention and provide finest end-to-end services to meet our clients’ needs.
We value the trust clients place in us and work hard to provide solid and effective representation to meet their diverse legal needs. Our aim is to ensure effective and efficient redressal for our clients in the mmost prudent and cost effective way. we specialise in the field of intellectual property rights(IPR). AS a part of our IPR practice we deal with al aspects such as parents, trademarks, copyrights,design etc
❖ IPR refers to creations of the mind, such asinventions; literary and artistic works; designs; and symbols, names and imagesused in commerce.
❖ IPR is protected in law by, for example,patents, copyright and trademarks, which enable people to earn recognition or
financial benefit from what they invent or create. By striking the right balance between the interests of innovators and the wider public interest, the IP system aims to foster an environment in which creativity and innovation can flourish
The ZARA dish:
One is a well-known fashion brand, operating all across the world; the other was a restaurant operating in a single Indian city. Would any consumer confuse one for the other — or assume that the restaurant was started by the fashion brand? The Delhi High Court thought so. This was so because the fashion brand Zara, which opened its first store in India in 2010, had a presence (through a joint venture) in the country since 1986 and had even applied for a few trademarks. The restaurant now operates as The Tapas Bar
Bata vs Bata
In the 1980s, the shoe maker Bata wanted to stop a company marketing foam materials from operating under the same name. The judge asked, “How would the customers know that Bata is not producing foam?” The judge reasoned that it is reasonable to assume that a customer would not ask a seller whether the product is manufactured by the shoe maker. For this reason, Bata won the case, despite the fact that its domain is completely different
Vanilla Ice vs. David Bowie/Freddie Mercury
This case revolved around the song ‘Ice Ice Baby’ by Vanilla Ice. The song sampled but did not credit the song ‘Under Pressure’ by David Bowie and Queen. Denying it at first, Vanilla Ice did admit to using the same melody. OUTCOME: The case was settled privately out of court. Vanilla Ice ended up paying a certain sum of money and crediting Bowie/Queen on the track. LESSON: No good ever comes from copying other artist’s work. Many of us are inspired by someone else’s work from time to time. Flattering as it may be to the original artist, it is not right to copy or steal. Imagine how frustrating it would be to see your work get copied and bring profit to someone who didn’t even create it. So, even if you are inspired by someone else’s original work, have a proper license to reproduce it to keep yourself out of court
BAJAJ v. TVS: DTSi patent dispute
❖The case dates back to 2007 when Bajaj filed a patent infringement case against TVS, alleging that the company has copied its patented DTSi technology. Bajaj said that TVS was using DTSi technology for its 125cc Flame motorcycle. TVS on its part filed a counter case seeking dismissal of the case filed by Bajaj. TVS also filed a defamation suit against Bajaj claiming damages worth Rs 250 crore.
❖The case went on for years and was pending before Bombay High Court, Madras High Court, and Intellectual Property Appellate Board (IPAB), Chennai. Some cases were also filed internationally and were pending in courts in Sri Lanka and Mexico.
❖Bajaj had developed the DTSi engine in-house. It turned out to be a profitable innovation, as bikes based on DTSi such as Pulsar emerged as bestsellers. Responding to Bajaj’s claim of patent infringement, TVS had said that the engine used for its Flame motorcycle was developed in collaboration with Austria based AVL, a leading engine research institute.
❖Putting an end to the dispute, both companies have notified stock exchanges to inform shareholders, customers and all other stakeholders. In the press release issued by both companies, it has been stated that the decade old dispute has been closed on October 31, 2019 via a “Settlement Agreement”. Both companies have agreed to withdraw all cases and absolve each other of all penalties and compensation.
Tale of a bottle:
Cello Household Products v. M/S Modware India and Anr. & Ors. The case was filed by popular ‘household products’ production company ‘Cello’ against Modware India seeking an injunction for design infringement and passing off. The dispute was over the copying of design of the bottle
name PURO launched by the plaintiff in the year 2016, the bottle was a twotoned color with certain specific phrases and words. The defendant launched a similar bottle called ‘KUDOZ’ in the following year for which they were sued by the plaintiff. Thus, here the subject matter is the infringement of the design of the bottle launched by Cello for which the company has invested sample money in the market for selling and marketing purposes. The court on the basis of merits decided that the plaintiff was justified in filing the suit against the defendant as Modware India introduced a bottle which is deceptively similar to the bottle of Cello and denied defendant’s contention of lack of jurisdiction of Bombay High court to decide the case following a grant of injunction and relief to be given by the defendants to the plaintiff as damages keeping the loss faced by the plaintiff as the base. Therefore, cello won the case
❖An example of effective use of a combination of IPR tools by an entrepreneur is of Mr. Momofuku Ando in the case of his cup noodles in Japan. Mr. Ando is the founder of Nissin Food Products Co., Ltd. He is known as the inventor of instant noodles and the
creator of the brands Top Ramen and Cup Noodles.
❖Making a very modest beginning, Mr ANDO was able to create a profitable global business of his invention. It may be noted that he effectively used various tools of IPR including design registration to protect his business interest in various parts of the world in a planned manner.
❖Cup Noodles, has grown to become a symbolic global brand from Japan, sold in over 80 countries throughout the U.S.A., Latin America, China, Southeast Asia and Europe. As the result, the NISSIN FOODS Group is the world’s No.1 cup-type instant noodles seller