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Protecting the Allure: Trademark and Celebrities

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A CELEBRITY is a person who is widely recognized in each society and commands a degree of public and media attention. A person can be said to be a celebrity when he is popular in public eye. As per Oxford definition A “celebrity” is a person in the public eye who, for better or worse, has earned fame or infamy, or found renown or scandal, as a consequence of some act or supposed quality, and is celebrated as a result. Today, the word is often associated with people in the entertainment business. Linked closely to fame, and dependent on the media for both public circulation and image evolution, “celebrity” is a word with a long history and extraordinary cultural significance. It is also a concept that had been radically redefined and expanded over the past three hundred years. pc: www.britannica.com The concept of being a celebrity started since 1862 when Sarah Bernhardt (first international stage star, October 23, 1844–March 26, 1923) debuted in the title role of Racine’s  IphigĂ©...

Novartis v. Natco_The abandonment of a divisional patent application does not render the parent patent unenforceable.

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(image credit:  livelaw.in ) Patent in suit : IN276026 (Novartis: Expiry:    20/05/2024) Molecule: Ceritinib Annual sale in India: 105,947,883 INR (As per Form 27, 2019) & 87,671 261,970,291 INR (2022-23: As per Form 27) Judgment Pronounced on : 9 April 2024. Conclusive Remark: The Delhi High Court has rejected the O39R4 application filed by the Defendant, NATCO, which sought to lift the injunction order in favor of the Plaintiff, Novartis. Interesting fact & remark of DHC : 1.      The Division application filed by Novartis was not rejected on its merits but because Novartis chose not to pursue the application. This decision does not prevent Novartis from contesting the validity of the patent challenged by the opponent. 2.      Even if the rejection of the division application were considered on its merits, the Controller's decision is not binding on the court. Upon independent analysis, the court has found...