IP News Update: October 2022

• Copyright Infringement case against Kantara’s Varaha Roopam

Thaikkudam Bridge, a Kerala-based music band, brought a copyright infringement suit against Kantara filmmakers alleging that Kantara’s song, Varaha Roopam, infringes upon their song, Navarasam. Subsequently, the Kozhikode District and Sessions Court passed an interim injunction restraining the producers from using the song in the film and other online music platforms. Recently, the Palakkad District Court has also passed the ad-interim injunction order in a copyright infringement suit filed by Mathrubhumi Printing and Publishing Company Ltd, which holds the copyright over the "Navarasam" song.

• Cardi B wins a Tattoo-related Copyright Infringement Lawsuit

Cardi B, the American Rapper was sued by Kevin Brohy, an Actor, for using his tattoo on the male model in the cover photo of Gangsta Bitch Music, Vol. 1. Brophy claimed that Cardi B used his tattoo without his permission and was shown in a “vulgar” manner that “ruined” her personal life. However, recently the federal jury in Southern California ruled Kevin Michael Brophy did not prove Cardi B misappropriated his likeness.

• Researcher Identifies First U.S. Copyrighted Film

Dr Claudy Op den Kamp, a researcher from Bournemouth University has discovered that the 1893 film, “The Blacksmith Shop,” made by W.K.L. Dickson, head photographer at Thomas Edison’s plant, was the first copyrighted film in the United States. Until 1912, early filmmakers made use of protection given to photographs by including copies of frames from their films alongside their copyright application letters. Accordingly, the first copyright registration for a motion picture in the US is under the photographs category.

• NIC Natural Ice Cream restrained from using the Naturals trademark

Recently, the Delhi High Court passed an interim order restraining the makers of NIC Natural Ice Creams from using marks 'Natural' or 'Naturals' in its products. Natural Ice Cream, founded in 1984, has over 140 franchises in 42 cities across the country. It brought a trademark infringement suit against NIC ice-cream which was using the trademarks, Natural, NATURALS or NIC Natural Ice Creams, NIC.

• Interim Order against MobilePe in a suit filed by PhonePe

PhonePe, the Indian digital payments and financial technology company, brought a trademark infringement suit against MobilePe at the Madras High Court alleging that the mark MobilePe was deceptively similar to PhonePe. The Court compared the marks with the perspective of an average man with "ordinary prudence"and "imperfect recollection” and found a prima facie case of deception against MobilePe. Accordingly, the court passed an interim order restraining MobilePe From Providing BHIM/ UPI Services.

• Visa, PayPal, and Western Union’s New Trademark Filings for Crypto Services

Visa, PayPal, and Western Union will be entering the crypto market. Paypal Inc. has filed three new trademark applications with the United States Patent and Trademark Office (USPTO) including applications that cover Crypto Services. Western Union has also filed three trademark applications claiming plans for financial, banking, insurance, virtual currency exchange, transfer, commodity and crypto trading, brokerage, issuing tokens of value and much more. Further, Visa has filed two trademark applications claiming plans for managing digital, virtual, and cryptocurrency transactions; setting up cryptocurrency wallets; providing NFTs, virtual goods and ‘virtual environments’, hinting at potential involvement with the metaverse.

• Varanasi hosted first-ever 'GI Mahotsav’ in India

The department for the promotion of industry and internal trade (DPIIT) of the ministry of commerce in collaboration with the Varanasi District Administration will be hosting the first-ever Geographical Indications Mahotsav in India. The Event happened from October 16 to 21, showcasing GI-specific products from 11 North Indian states.