IP News Updates: March 2022

• Copyright Infringement Suit against Dua Lipa over ‘Levitating’

Dua Lipa faces two copyright infringement lawsuits over her recent global hit “Levitating”. These lawsuits are filed by a Florida reggae group called Artikal Sound System and by songwriters L. Russell Brown and Sandy Linzer. Artikal Sound System claims that Lipa’s “Levitating” is substantially similar to their 2017 track, “Live Your Life.” Further, the second legal complaint filed by the songwriters at the New York Court alleges that Lipa copied their 1979 song “Wiggle and Giggle All Night” and 1980 song “Don Diablo.”

• Katy Perry wins Copyright Suit over ‘Dark Horse’

A copyright infringement suit was filed against Katy Perry previously in 2016 by the rapper Flame (real name Marcus Gray). He claimed that her popular track Dark Horse plagiarized an eight-note ostinato from his 2009 song called “Joyful Noise”. Even though Perry was ordered to pay $550,000 of the total $2.8m damages in the original trial, this decision has been reversed upon appeal. US district judge Christina A Snyder said the sequence of notes was "not a particularly unique or rare combination". The Judge ruled that Flame was attempting to claim an “improper monopoly” over conventional “musical building blocks”.

• IBM Safeguards its IP Rights

IBM filed a lawsuit at the U.S. District Court in Waco, Texas against LzLabs, a Switzerland-based company, alleging patent infringement and misappropriation of trade secrets. IBM claims that Lzlabs has violated its patent by repeatedly infringing upon its high-performance mainframe systems. It also asserts that LzLabs has deliberately misappropriated IBM trade secrets by reverse engineering, reverse compiling, and translating IBM software. Additionally, IBM alleges that LzLabs has made false and misleading claims about LzLabs' products.

• Google files Trademark for ‘Non-Fungible Planet’

Google has recently filed a trademark application at the USPTO (the United States Patent and Trademark Office) for the protection of mark ‘Non-Fungible Planet’. Google has registered the mark for providing information in the areas of environmental protection, conservation, energy efficiency, climate change, reducing carbon footprints, environmental issues, and sustainability efforts. It also seeks to promote the interests of people concerned with environmental protection and provide a website promoting environmental awareness. ​​This filing highlights Google’s plan for an information campaign on environmental activism.

• Adobe Protects its Domain Name from a Cyber-Squatter

Adobe recently approached the Delhi High Court seeking a permanent injunction restraining an individual named Namase Patel from using the domain names www.addobe.com and www.adobee.com. Adobe alleged that Namase Patel was involved in infringement, passing-off activities, dissemination of confidential information, unfair trade practices, transfer of domain names, and rendition of accounts. The Delhi High Court ruled in favor of Adobe by deciding that Namase Patel and anybody else acting on his behalf were prohibited from using the infringing domains.

• Using Recycled Bottles is Trademark Infringement holds Delhi HC

The Delhi High Court recently ruled that using another manufacturer's recycled bottles amounts to passing off. A legal complaint was filed by Anheuser-Busch LLC, owner of the trademark 'Budweiser' against 'Black Fort' and 'Power Cool' for manufacturing or selling beer under the trademark 'Budweiser' in recycled bottles. The Court restrained the usage of Budweiser's recycled bottles for the manufacture and sale of beer as well as ordered a higher level of supervision to prevent infringement.

• Nagaswaram made in Narasinghapettai bags GI Tag

Narasinghapettai Nagaswaram bagged the Geographical Indication tag on an application filed by the Thanjavur Musical Instruments Workers Co-operative Cottage Industrial Society Ltd. Narasinghapettai Nagaswaram is a classical wind music instrument that is manufactured using the Aacha or Hardwickia Binata tree. Woods from the parts of old houses are also used by the artisans for manufacturing it. The procedure, the specialized skill set of the artisans, and the material used in Narasingapettai Nagaswaram are unique to Narasinghapettai.