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Apr 22

RKD NewsNet April 2022

From the desk of Dr. Mohan Dewan | Assisted by: Adv. Shubham Borkar & Adv. Arjun Pradhan

General News

  • Single Colour Trademark in India
  • On the “Punny” side…
  • International News

  • No Smoke without Fire
  • Nike, Champ surfing in troubled waters
  • LEGO-Queer Eye
  • National News

    Single Colour Trademark in India

    As per the Indian Trademarks Act, 1999, “Trademark is a mark capable of being represented graphically and distinguishes the goods and services of one person from those of others”. Owing to increasing businesses and an ever growing economy, Trademark has attained significance as it fulfils the purpose of distinguishing one's brand from another. This distinction can be made in name, symbol, shape, color, device, and anything included in graphical representation.

    To make marks creatively distinguishable, proprietors came up with different ideas and one of them was a ‘Single color’ trademark. A single color trademark is a non-traditional trademark in which just one color is used to identify the commercial origin of items or services uniquely. Single colour trademark registrations are issued only in extremely unique instances, since most of the typical customers are not in the habit of forming assumptions about the origin of products and services based purely on its colour or the colour of its packaging. Most of the trademark applications for single colour trademark are vulnerable to objection by the Trademark Examiner, since they fundamentally lack the power to differentiate. Another problem is that, this kind of Trademark brings for itself is that when they go registration, they are very likely to get notice of opposition from other proprietors as nobody is going to give up their right to use a colour.

    Regulations in India

    According to World Trade Organisation “Any sign...capable of distinguishing the relevant goods or services of one undertaking from those of other undertakings”1 The rules are the same for all kinds of Trademark. Single color Trademark is not excluded from this. In India, the law has recognized its registration; however, registration essentials are kept high. It should be protected only based on acquired uniqueness and shall be protected only to the extent of that specific shade of color2 .

    Registration of single colour Trademark – How?

    An essential requisite for registering a single color trademark is making the color mark unique and creating substantial goodwill among customers to recognize it as a symbol of origin for particular goods. The possibility to do that is when the mark is well-known.3 , Recognizance and prior use over an extended period of time aid in establishing a well-known mark and, ultimately, obtaining a single colour trademark registration.

    Position in United Kingdom and Europe

    For an instance, Cadbury a well-established brand proved it’s packaging to be distinctive .4So, Cadbury sought registration of a trademark for the Pantone2685C (Dairy Milk's Purple) color, but Nestle objected. Finally, after ten years of battle, the England and Wales Court of Appeals ruled in favour of Nestle and banned Cadbury from registering the aforementioned purple color. However, it is worth noting that the court did not invalidate color trademark registrations per se but instead invalidated Cadbury's claim for seeking to register several formulas5.

    Position in India

    Similarly, the Delhi High Court in Christian Louboutin v. Pawan Kumar, 2017, held that the decision did not consider section 2(m) of the Trade Marks Act, 1999(act). Even if the red sole developed uniqueness, the Court determined that it cannot be regarded as a legitimate trademark since it does not meet the mark criteria. The Court reasoned that if the Trademark is also the quality of the products, another person cannot be prevented from making or selling the same characteristic. Because a single color is the only distinguishing feature of the items, they fall under section 30. Thus, even though Louboutin owns the Trademark, others may use it following section 30(2)(a).

    Even though registration of a single color trademark is accepted, it is evident that it has to go through a more stringent scrutiny process for registration. Compared to other marks, the single color is an easy target and lacks the capacity of a strong trademark.


    1 Article 15(1)- Protectable Subject Matter, TRIPs Agreement

    2Manual of Trademarks, Practice and Procedure, 2015 pg. 57 and 84

    3Section 2(zg) of the Trade Marks Act, 1999 defines a well-known mark as "well-known trade mark", in relation to any goods or services, means a mark which has become so to the substantial segment of the public which uses such goods or receives such services that the use of such mark in relation to other goods or services would be likely to be taken as indicating a connection in the course of trade or rendering of services between those goods or services and a person using the mark in relation to the firstmentioned goods or services."

    4Société des Produits Nestlé S.A. v. Cadbury UK Limited. [2012] EWHC 2637 (Ch) (1 October 2012).

    5CADBURY UK LIMITED v. THE COMPTROLLER GENERAL OF PATENTS DESIGNS AND TRADE MARKS & SOCIÉTÉ DES PRODUITS NESTLÉ S.A.(Case No: A3/2016/3082)

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    On the “Punny” side…

    - Provided by my good friend, Phil Furgang.

    Hear about the new restaurant called Karma?

    There’s no menu - you get what you deserve.

    ******

    I went to buy some camouflage trousers yesterday, but couldn't find any.

    ******

    What do you call a bee that can’t make up its mind? A Maybe.

    ******

    I tried to sue the airline for losing my luggage. I lost my case.

    ******

    Is it ignorance or apathy that's destroying the world today?

    I don't know and don't really care.

    ******

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    No Smoke without Fire

    Boehringer Ingelheim Pharma GmbH & Co. KG a German pharmaceutical company having operations all over the world and its Indian subsidiary viz. Boehringer Ingelheim (India) Pvt. Ltd. (collectively referred to as “Boehringer”) filed a suit for patent infringement at the Madras High Court, stating that Tanmed Pharma India Private Limited (“Tanmed”) was violating its granted patents bearing Nos. 243301 and 227719 by launching, making, using, offering for sale, selling, importing and / or exporting the medicinal product, Linagliptin in different forms. Tanmed, in its response to the suit, stated that it had only obtained a Drug License from the Drug Control Authority, but had not engaged in the manufacture of the drug. Also, Tanmed immediately surrendered the license to the Drug Controller when it received the suit summons. Tanmed argued that, since it was not manufacturing Linagliptin and had already surrendered the License, no cause of action was present for the suit to continue.

    The Court appointed a Local Commissioner to visit Tanmed’s premises to ascertain whether there was any manufacturing activity related to the patented drug.

    The Local Commissioner found that Tanmed was not manufacturing the drug at all. Tanmed also went on to give an undertaking that it will not manufacture the drug “Linagliptin” as long as the plaintiff holds the exclusive patent right of the said drug. Since the cause did not survive after Tanmed’s undertaking, the Court dismissed the suit. Each party was asked to bear its own costs.

    What one must take away from this case, is that 'a stitch in time, saves nine'. It is clear from the defendant’s act of obtaining a license for manufacturing that it intended to manufacture it. The defendant surely did not go through the pains of obtaining a drug license for the fun of it! There is of course ‘no smoke without fire’. However, the Plaintiff’s timely action, before the defendant had started manufacturing, acted as a saving grace for the defendant to give up the idea of manufacturing the patented drug and even provide an undertaking to not manufacture it in the future

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    Nike, Champ surfing in troubled waters

    The Endless Summer is a 1966 movie that revolves around two surfers who travel around the world in search of the perfect wave for surfing and introduce the locals they meet along the way to the surfing culture. The title ‘The Endless Summer’ refers to the idea that a person can travel and surf round the year if he chases the summer seasons all over the world.

    When the movie became popular, Bruce Brown registered the “The Endless Summer” mark for T-shirts, mugs, sweatshirts, towels, pillowcases, toys, surfboards, skateboards, footwear and sporting goods and some other goods. Bruce Brown founded a company Bruce Brown Films, LLC, which now has the rights of merchandising and licensing the intellectual property of The Endless Summer and its posters.

    Recently, Nike and Champs, sportswear and footwear brands used the phrase “Endless Summer” and the orange and blue elements inspired from the movie poster, specifically “a series of stylized blue waves with a large orange sun” in their marketing campaigns. Neither Nike nor Champs’s parent company Foot Locker licensed it from Brown’s company.

    *We do not own any copyright in the above images. The same have been reproduced for academic and representational purposes only.

    Bruce Brown Films LLC stated that it sent a cease and desist notice to both the brands, however they continued using the infringing trademark and the trade dress. Consequently, Bruce Brown Films LLC sued Nike, Champs, and Champs’ parent company Footlocker1 for knowingly and impermissibly trading on the fame and goodwill associated with the movie The Endless Summer and unauthorized use of its trademarks. Bruce Brown Films has also claimed trademark dilution, unfair competition and sought damages from the infringers.

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    LEGO-Queer Eye

    LEGO, popularly known for plastic building-block toys, has been sued for Copyright infringement by an Artist for the artists’ toy leather jacket named "Queer Eye".

    James Concannon, the plaintiff, had designed a jacket and obtained Copyright registration for it. This was a customized leather jacket that Concanon in 2018, had created for Antoni Porowski who is one of the stars of Netflix’s “Queer Eye” series.

    Antoni Porowski had worn a number of garments designed by Concannon on the show “Queer Eye”.

    Although, problem arose when LEGO copied the jacket for one of its “Queer Eye” character toys without any license.

     

    *We do not own any copyright in the above images. The same have been reproduced for academic and representational purposes only.

     

    Concannon had filed a complaint with the federal US District Court of Connecticut in December 2021 for Copyright infringement seeking monetary damages that he suffered for any profits and gains made by LEGO that are attributable to such infringement, including statutory damages and attorney’s fees.

    In his complaint, Concannon mentioned that the first time he reached out to LEGO for this issue he was offered a free "Fab 5 Loft" set, which retails at $99, for his 6-year-old son. When the toy never came, he says he contacted LEGO again and was told that the previous operator was mistaken and that Lego does not give away its sets for free.

    Thereafter, Concannon sent a cease-and-desist notice to LEGO to which its counsels responded by saying that if he brought a case against LEGO, it will only be an uphill battle and claimed that by gifting a jacket to Porowski knowing that he will wear the jacket on “Queer Eye’s” set, he was giving an implied license to Netflix to use the jacket in any manner it pleases, which included sub-licensing the work to LEGO. The case is pending.

    Fashion Industry in India is a multi-billion dollar industry where Copyright infringement is a major concern. In India, an Artist gets protection for his/her art work during the artists’ lifetime and an additional 60 years after the artists death. Copying of a popular product and its exploitation unauthorizedly is a common. Due to such unauthorized acts, often the Original Artist is left unrecognized in the market and remedies are available to prevent this practice under the Indian Copyright Act.

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    Recent GI registrations in North-East India

    A Geographical Indication (GI) is a sign/mark applied to items that originate from a particular geographical region and feature characteristics or a reputation unique to that region. A geographical indicator right entitles the holder to prohibit the indication from being used by a third party whose product does not meet relevant requirements. In India, GI’s are covered by Geographical Indication of Goods (Registration and Protection) Act, 1999.

    New rules pertaining to the GI of Goods were released by the Ministry of Commerce and Industry (Department for Promotion of Industry and Internal Trade) on August 26, 2020. The new amendment has not just simplified the Geographical Indications Rules but also focus on authorized user registrations for GI.

    Below are five GIs from North-East India registered between April – 2021 and March 2022.

     

    Mizo Ginger (Mizoram)

    *We do not claim any copyright in the above image. The same has been reproduced for academic and representational purposes only.

     

    Mizoram, a state in North-East India, is a treasure trove of ginger varieties, with up to eight indigenous kinds growing there since ancient times.

    Mizo gingers locally referred to as “Sawhthing”, are known for their pungency, high gingerol (1.23 to 1.25 percent), volatile oil content (1.45 to 1.80 percent), and lower crude fiber content when compared to varieties found in North East India. Another kind of ginger, popularly referred to as “black ginger”, with bluish-black rhizomes demands a premium price due to its curative and therapeutic capabilities and is produced commercially and for personal use by farmers.

    Farmers attribute these indigenous gingers' pungency and distinct flavor to Mizoram's agro-climatic circumstances. Ginger is cultivated on slopes up to 2000 meters in height and on plains, and under the shadow of bamboo and other plants.

     

    Dalle Khusrani

    *We do not claim any copyright in the above image. The same has been reproduced for academic and representational purposes only.

     

    Red Cherry Pepper (Capsicum annum var cerasiforme), locally known in Sikkim as “Dalle Khorsani”, is well-known for its distinct taste and intense pungency. Scoville heat units (SHU) vary from 100,000 to 350,000 for this chilli (Scoville Heat Units). It is a lucrative cash crop planted across the state due to its many commercial applications. It is a perennial crop with pods ranging from tiny to medium. When completely mature, Dalle Khorsani is about the size of a cherry and has a vivid red color.

    Additionally, one can make pickles, pastes, powders, and dry chillies with the same. This chilli's distinguishing feature is its intense taste. Apart from ‘capsaicin’, which gives it its pungent flavor, it includes carotenoids and phenolic compounds and is utilized as a natural pigment and anti-oxidant. Additionally, this chilli possesses a plethora of therapeutic benefits.

     

    Naga Cucumber

    *We do not claim any copyright in the above image. The same has been reproduced for academic and representational purposes only.

     

    Historically, Cucumber was grown as a mixed crop by Naga farmers in their 'Jhum' fields, mainly during the Kharif season (April-May). Along with paddy, this is predominantly a cash crop. However, "off-season" cucumbers from several districts of Nagaland, particularly from the Mokokchung district, have achieved considerable appeal throughout the state and have established a trend among the region's farmers. Depending on the soil type, certain tribes, such as the ‘Konyak’, cultivate cucumbers year-round using the seed-to-seed technique. Numerous indigenous cucumber cultivars that are delicate, juicy, and sweet are cultivated across Nagaland. Naga Cucumbers are a fruit distinct in flavor, form, and size from other varieties found across India.

     

    Hathei Chilli

    *We do not claim any copyright in the above image. The same has been reproduced for academic and representational purposes only.

     

    Hathei chilli, is prized for its brilliant red color and taste in Manipur. Hathei chilli, is prized for its brilliant red color and taste in Manipur.

    Hathei, a chilli type found chiefly in the state's Ukhrul region, is considered a 'God's gift' by the residents of Sirarakhong hamlet, where it is grown. Due to its popularity, a festival is held each year to promote the chilli type.

    According to legend, the chilli variety was found by Sirarakhong's elders while hunting in the jungle. Additionally, the community has a traditional song devoted to Hathei in which the chilli is linked to the Tangkhul Naga tribe's cherished shawl known as 'Khuilang.'

    The Hathei chilli is an excellent antioxidant and has significant calcium and vitamin C. It has a color value of 164, according to the American Spice Trade Association (ASTA). Typically, the extractable color of chili is given in ASTA values.

     

    Tamenglong Orange

    *We do not claim any copyright in the above image. The same has been reproduced for academic and representational purposes only.

     

    This orange variety is indigenous to Manipur's Tamenglong area, commonly known as “The Orange Bowl of Manipur”. The oranges are brilliant orange in color and weigh an average of 232.76 grams. Tamenglong oranges are highly juicy, containing 45 percent juice, and are an excellent source of vitamin C. Tamenglong orange / Mandarin (Citrus reticulata) is a rare crop found exclusively in Manipur's Tamenglong area. The plant is a perennial evergreen member of the Rutaceae family native to the subtropics.

    Tamenglong oranges are rich in vitamin A, B, C, and phosphorus. Oranges have long been regarded as an essential component of a healthy and delectable diet. Citrus flavors are among the most popular in the world, and it is becoming more apparent that citrus is not only delicious but also beneficial to one's health. Consumption of citrus fruits like the Tamenglong orange provides a variety of nutritional advantages.

    Consumption of this fruit has been demonstrated to help prevent and treat ailments such as cardiovascular disease since it is high in potassium and promotes heart health. It contains anti-cancer phytochemicals. It is high in vitamin C, protecting cells by neutralizing free radicals. Additionally, it also prevents the occurrence of joint disorders.

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    Revocation of Patents in India – Part I

    Sections and Grounds

    The term “Revocation” means Cancellation of the patent rights granted to the patentee. Under the (Indian) Patents Act, 1970 the validity of a patent can be challenged in any of the following ways:-

    • Opposition within one year from the date of publication of grant [Section 25(2)]

    • Revocation petition filed with the District Court/High Court [Section 64]

    • Filing of a counterclaim in a Patent infringement suit [Section 64]

    • Revocation of a patent due to non-workability [Section 85]

    • Revocation of a patent in Public interest by Central Government [Section 66]

    • In cases relating to atomic energy on the directions of the Central Government [Section 65]

    Section 64 contains in-exhaustive grounds which dictate the conditions that warrant the revocation of patents. The revocation of patent can be applied for by making a petition, under Section 64 of the Patents Act, by any person interested or it can also be applied for by the Central Government. These grounds are as follows:

    1. Invention is obvious, lacks an inventive step or utility;

    2. Invention is not new and, has been publicly used or published in India before the priority date or it is foreseen in light of the knowledge available within any local or native community in India or elsewhere;

    3. Either the party was not entitled to the patent, or the subject is not patentable or does not amount to invention;

    4. The scope of patent specifications is incomplete or the specifications have already been claimed in a granted patent;

    5. The patent was wrongfully obtained in violation of another party’s rights, such as through incorrect or false representation, or leave to modify specifications was obtained through fraudulent means;

    6. The information that has been disclosed under Section 8 is known to be false by the Applicant or he has been unable to furnish the required details;

    7. Complete specification omits or erroneously attributes geographical origin or biological matter used in the invention;

    8. The invention was either secretly used before the date or claim or the Applicant contravened secrecy instructions under Section 35;

    9. The complete specification neither describes the invention and method sufficiently nor does it disclose the best method of performing it which was known and entitled protection.

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    An Evening moment is a Magic Moment!

    RADICO KHAITAN LIMITED (Radico) is involved in the manufacturing and selling of Indian Made Foreign Liquor (IMFL) in India. One of its products is branded as ‘MAGIC MOMENTS’. Radico adopted the word mark 'MAGIC MOMENTS' in the year 1997 and launched Gin and Vodka under this trademark in 2005 and 2006. Radico has been using the trademark since then. It has launched several variants which contain the suffix moments such as Remix Moments (2008), Verve Moments (2012), and Electra Moments (2015). SARAO DISTILLERY (OPC) PVT. LTD (Sarao) and GREENTECH BLENDERS AND DISTILLERS (Greentech) started using the brand ‘EVENING MOMENT’ for whisky. Radico was aggrieved by this.

    Radico approached the Delhi High Court seeking an ex-parte injunction restraining Sarao from using the mark ‘EVENING MOMENT’.

    *We do not own any copyright in the above images. The same have been reproduced for academic and representational purposes only.

    Initially, the Court granted an ex-parte ad-interim injunction in favour of Radico and restrained Sarao and Greentech (defendants) from using the trademark' EVENING MOMENT' in respect of any product other than whisky.

    However, Sarao and Greentech did not enter appearance even after being been served summons via e-mails.

    Radico submitted that, although Sarao and Greentech were initially not injuncted for whisky as they had submitted that they had been using the mark EVENING MOMENT for five years and were also that Greentech was the registered proprietor of the trademark EVENING MOMENT for alcoholic beverages, both defendants had not entered appearance in Court even after 7 hearings.

    Radico further submitted that, the word ‘MOMENTS’ is the essential and dominant feature of its mark ‘MAGIC MOMENTS’ and therefore the mark deserved to be protected even for whisky.

    Radico produced screenshots of a search on the Trademark Registry’s website which showed that the most of the marks registered with the word ‘MOMENTS’ belong to Radico.

    The Court after considering Radico’s averments held that, the marks ‘MAGIC MOMENTS’ and ‘EVENING MOMENT’ were deceptively similar since the essential feature ‘MOMENT’ was being used by Sarao. The use of the word ‘MOMENT’ in Sarao’s mark could lead consumers to connect the product with Radico. It could be perceived that Sarao’s product is another product in Radico’s stable. Moreover, the use of the word ‘EVENING’ was not sufficient to distinguish the two products due to the very nature of the product which is usually consumed in the evening. The focus would be on the word ‘MOMENT’ which was the dominant part of the mark.

    Hence, the Court extended the injunction to all alcoholic beverages and restrained Sarao and Greentech to manufacture and market any alcoholic beverages under the mark “EVENING MOMENT”.

    A lesson from this story, even if one is an owner of a registered mark, non-appearance in the Court and defending can result in disastrous consequences.

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    What do you mean by copying?

    In a recent case, the Delhi High Court adjudicated upon an important question with regard to the copyright in a cinematograph film “Whether the expression “to make a copy of the film” meant just to make a physical copy of the film by a process of duplication or did it refer to another work which substantially, fundamentally, essentially and materially resembles the original film?”.

    MRF Ltd. and Metro Tyres are companies engaged in manufacturing and selling automobile tyres. As a part of its marketing campaign, MRF produced an ad film which was posted on YouTube in October 2015. Metro Tyres produced and released an ad-film in 2016. According to MRF the 2 ad films were similar and it clearly showed Metro Tyre’s intent of copying MRF’s ad-film. Therefore, MRF filed a suit for copyright infringement against Metro Tyres. It prayed for interim injunction to restrain Metro Tyres from airing the impugned advertisement.

    MRF contended that, the similarities between the two advertisements were fundamental and substantial and the minor differences present were immaterial. According to MRF, the infringing copy need not be an exact copy, but a substantial and material copy of the original cinematograph film. MRF stated that under the International Berne Convention 1908 (‘Berne Convention’), a cinematograph film was provided dual protection: a. as a series of photographs and b.as a “dramatic work” distinct from its script.

    Metro Tyres however contended that, a cinematograph film is treated differently under Section 13(3) of the Copyright Act, 1957 as all the underlying works that contribute to the making of a film are protected independently. Metro Tyres further contended that, to establish copyright infringement in a cinematograph film, it was essential to show that the impugned work was an actual copy of the plaintiff’s advertisement/cinematograph film. It emphasised that the process of duplication for making an actual copy of the copyrighted film had not been proven in this case.

    The Court observed that “Copyright subsists in a ‘CINEMATOGRAPH FILM’ as a work independent of underlying works that come together to constitute it. Further, though the copyright subsists in the constituent parts, yet the copyright vests separately and independently in the composite whole – THE FILM. Moreover, a “cinematograph film” may not infringe any of its underlying works, namely, a literary, dramatic, musical or artistic work, but may nevertheless lack originality because it infringes another cinematograph film. In other words, in terms of Section 13(3)(a), a film must not be a copy of any other work, including any other film.”

    It also noted that the ordinary, dictionary definition of ‘copy‘ is not confined to an ‘actual‘ copy made by a process of duplication, but includes an imitation or reproduction also.

    However, in this case, the Court was of the view that the two advertisements were neither substantially nor materially or essentially similar. While MRF’s advertisement was more futuristic and emphasised on the manufacturing process of the tyre and its radial design, Metro Tyres’ advertisement sought to display the durability of its tyres on all terrains.

    The Court held that since the present suit was filed a year after Metro Tyre’s advertisement was first aired, MRF was not entitled to any interim order and dismissed the application for injunction.

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    Counterfeit household goods seized across multiple locations

    R. K. Dewan & Co. is proud to announce successful raids conducted on behalf of Freudenberg Gala Household Products (FGHP)against counterfeit manufacturers, retailers and wholesalers. The raids were conducted simultaneously across seven different locations namely,

    MUMBAI:

    A) Masjid Bunder,

    B) Bhiwandi

    C) Vasai

    PUNE:

    D) Market yard

    E) Shivaji Nagar

    F) Peth market Area

    G) Hadapsar

    The team was successful in seizing over 25,000 counterfeit brooms, dust brooms and scrubs in Mumbai and Pune. The raids have resulted in initiating criminal proceedings against the counterfeiters and prevented the flow of counterfeit household products into the market which is detrimental to the consumer health & safety.

    This is a positive development in terms of IP enforcement and creating a deterrent in the market. Consumers are advised to be vigilant and purchase genuine products from authorised stores of the brand and partner outlets.

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    Smaller wins lead to big successes

    Recently, R K Dewan & Co. was successful in obtaining an ex-parte order for appointment of a Court Commissioner in the first hearing for Asco Numatics (India) Pvt. Ltd. in a patent infringement case.

    Asco’s line of business includes manufacturing industrial valve products and their patented system is used in the petrochemicals industry. The repercussions of failure of the system can be fatal to the refinery. Obtaining an ex-parte order was important because of critical nature of the systems and there was a possibility that the infringing system being dismantled or otherwise dispose-off by the Defendant after knowledge of the suit filed.

    The case was filed in the District Court at Mathura in Uttar Pradesh and is sub-judice.

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    Amendment in the (Management and Administration) Amendment Rules, 2022

    The MCA vide its Notification No. G.S.R. 279(E) dated 06th April, 2022 which came in force on the same date has notified Companies (Management and Administration) Amendment Rules, 2022 to amend the existing set of Rules.

    A sub-rule (3) is added to Rule 14 of Companies (Management and Administration) Rules, 2014 which provides for inspection by members. The newly amended Rule 14 of Companies (Management and Administration) Rules, 2014 stands as follows:

    (1) The registers and indices maintained pursuant to section 88 and copies of returns prepared pursuant to section 92, shall be open for inspection during business hours, at such reasonable time on every working day as the board may decide, by any member, debenture holder, other security holder or beneficial owner without payment of fee and by any other person on payment of such fee as may be specified in the articles of association of the company but not exceeding fifty rupees for each inspection.

    Explanation- For the purposes of this sub-rule, reasonable time of not less than two hours on every working day shall be considered by the company.

    (2) Any such member, debenture holder, security holder or beneficial owner or any other person may require a copy of any such register or entries therein or return on payment of such fee as may be specified in the articles of association of the company but not exceeding ten rupees for each page. Such copy or entries or return shall be supplied within seven days of deposit of such fee.

    *(3) Notwithstanding anything contained in sub-rules (1) and (2), the following particulars of the register or index or return in respect of the members of a company shall not be made available for any inspection under sub-section (2) or for taking extracts or copies under sub-section (3) of section 94, namely:

    • address or registered address (in case of a body corporate);

    • e-mail ID;

    • Unique Identification Number;

    • PAN Number.

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    Hidden Meanings in Trade Marks

    *We do not own any copyright in the above image. The same has been reproduced for academic and representational purposes only.

    The Bronx Zoo is a zoo within the Bronx Park in Bronx, New York. It is one of the largest zoos in the United States by area and is the largest metropolitan zoo in the United States by area, comprising 265 acres of park lands and naturalistic habitats separated by the Bronx River.

    The zoo’s logo featuring birds and two giraffes pays homage to the zoo’s home city wherein the negative space between the giraffes’ legs creates the iconic New York skyline.

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    Hidden gems of India

    - Adv. Chinmay Pawar

    Mundeshwari Devi Temple - The oldest ‘functional’ temple in India

    Mundeshwari Devi Temple. Image Courtesy: DNA India

    *We do not own any copyright in the above image. The same has been reproduced for academic and representational purposes only.

    Mundeshwari Devi Temple is located at a village in the Mundeshwari Hills near Son canal in the state of Bihar. The Archaeological Survey of India (ASI) has recently dated the structure to 108 CE making it the oldest Hindu temple in the country. The temple is dedicated to Lord Shiva and Shakti and also houses deities of Ganesha, Surya and Vishnu.

    The temple is the oldest specimen known in the Nagara style of temple architecture in Bihar. The temple is built of stone on an octagonal plan, which is rare considering the period in which it was built. It is the earliest specimen of the Nagara style of temple architecture in Bihar.

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