Tune Trouble: Importance of Taking License from
Copyright Societies
The New York Times (NYT) has become the first major American news publisher[1] to take legal action against OpenAI and its primary investor Microsoft Corporation, alleging the unlawful use of copyrighted content. This lawsuit could have a profound impact on the evolving relationship between generative AI and copyright law, particularly regarding the principle of fair use. Ultimately, its outcome may shape the future of AI model development and the legal framework surrounding it.
The case is a part of a broader wave of lawsuits challenging the alleged practice of scraping vast amounts of content from the internet- without compensation- to train large language models. Writers, journalists, and other creatives who publish their works online have voiced concerns that AI system could learn from their original material and generate competing content without appropriate remuneration.
AI on Trial: The New York Times sues OpenAI and Microsoft
The New York Times (NYT) has become the first major American news publisher[1] to take legal action against OpenAI and its primary investor Microsoft Corporation, alleging the unlawful use of copyrighted content. This lawsuit could have a profound impact on the evolving relationship between generative AI and copyright law, particularly regarding the principle of fair use. Ultimately, its outcome may shape the future of AI model development and the legal framework surrounding it.
The case is a part of a broader wave of lawsuits challenging the alleged practice of scraping vast amounts of content from the internet- without compensation- to train large language models. Writers, journalists, and other creatives who publish their works online have voiced concerns that AI system could learn from their original material and generate competing content without appropriate remuneration.
The Battle for “ZEPTO”: Use it or Lose it – Kiranakart
Technologies Pvt Ltd. vs. Mohammad Arshad & Anr.
Background: The Rise of Zepto
ZEPTO is a revolutionary quick-commerce brand operated by Kiranakart Technologies Private Limited. Since its launch in July 2021, Zepto has taken India by storm, offering lightning-fast delivery of over 7, 000 products across 20+ categories.
- With 350+ stores and delivery hubs, 1000+ employees, and a fleet of 40,000+ delivery executives, Zepto has built a rapid expansion model that has redefined convenience.
- Over 8 million customers have placed orders through the Zepto app, which boasts 1 crore+ downloads and a 4.6-star rating on Google Play Store.
- Zepto’s digital presence extends beyond its 2021-registered website (www.zeptonow.com) to a strong following across Facebook, X, Instagram, YouTube, and LinkedIn.
- Within five months of launching, Zepto achieved a $570 million valuation, and by 2023-24, it reported a staggering Rs. 4,252 crores in turnover.
- The company has spent Rs. 187 crores in marketing efforts across print, digital, television, and sponsorships, making it a household name.
- Kiranakart has registrations in multiple classes such as Classes 29, 30, 31, 32, 34, 39, etc., for ZEPTO marks.
KRBL’s India Gate Triumph: Leveraging ‘Idea Infringement’ to Secure Victory
In a significant legal achievement for KRBL Limited, the Delhi High Court recently ruled in favor of the company in a trade marks dispute involving its iconic trade mark/brand “India Gate” and the trade mark “Bharat Gate“. This ruling, while overturning the order of commercial court dated January 9, 2024 and restoring its ad interim order dated October 10, 2020, barred the use of “Bharat Gate” due to its deceptive similarity to KRBL’s globally recognized rice brand “India Gate”.
Patent Claim Construction: Doggyphone vs Tomofun
Introduction
A patent is awarded for innovative, non-obvious, and useful intellectual work, enabling the patent holder to commercially exploit the patented technology and prevent others from profiting from it. The rise in annual patent filings and the increasing number of patent infringement cases highlight innovators’ growing confidence in the patent system, as almost all national patent laws enable patent holders to defend their rights in case of unauthorized infringements. The statistics underscore this trend: to date, over 40 million patent applications have been filed globally, with an impressive 3.6 million applications submitted worldwide in 2023 alone.
A patent document is divided into several sections to present an invention in a structured manner. These sections include the background, which references existing work in the same field of technology and addresses the problem the invention aims to solve; the description, which explains how the invention works and its various real-world applications, enabling skilled individuals to reproduce it; the drawings, which depict the structural features of the invention to help readers understand it clearly; and the claims, which define the legal scope of the invention.
Safeguarding Creativity: Intellectual Property Protection of Fabric Patterns
INTRODUCTION
The Indian textile industry is one of the largest contributors to the country’s economy, with fabric pattern designs playing a crucial role in distinguishing brands and enhancing consumer appeal. India is the world’s second-largest producer of textiles and garments, and the sixth-largest exporter of textiles spanning apparel, home and technical products. India has a 4% share of the global trade in textiles and apparel, and its industry contributes nearly 2% to the country’s GDP, 10% to industrial production and 8.21% to India’s overall exports. In terms of Global trade, India is the sixth largest exporter of textiles, with a 3.91% share in World Textile exports[1]. Given the commercial significance of fabric patterns, their legal protection is essential to prevent unauthorized copying and imitation.
Fabric patterns are a beautiful tapestry of creativity, reflecting the artistic vision and craftsmanship of designers. From traditional motifs to contemporary designs, fabric patterns play a crucial role in the fashion and textile industry, adding elegance and uniqueness to clothing, home furnishings, and various other products. As these patterns hold immense commercial value, it becomes imperative to protect them from unauthorized copying and imitation. In this article, we delve into the various intellectual property (IP) protection mechanisms available for fabric patterns, empowering designers to safeguard their creative works.
Bhaiyaji, not so Exclusive: Delhi HC reminds TV18 that some words belong to everyone!
INTRODUCTION
In a recent legal tussle between two media giants TV18 Broadcast Limited (the plaintiff) filed an application seeking interim relief against Bennet Coleman (defendant) requesting the Delhi High Court[1] to stop the use of the mark “Bhaiya Ji Superhit”. The claim hinged on the allegation that the name bore a striking resemblance to the plaintiff’s own show, “Bhaiyaji Kahin” and could potentially confuse the audience due to the similarity in both the titles and the nature of the programs.