Intellectual Property-OW

Trade Mark

At FM we realize that Brands are crucial to the success of most modern business. Therefore, apart from undertaking conflict searches, filing and prosecution of the trade mark applications, FM also provides a watch service. We not only help our clients register their marks but also help police them. We promptly advise our clients of any attempts by third parties to use and/or register similar/same/confusingly similar trade marks and assist in putting an end to such use or registration.

We send out Cease and Desist letters to anyone found infringing our client’s trade marks asking the infringers to cease and desist from the use of marks identical or similar to our client’s marks.

We regularly send updated status reports of all the trade marks held by the clients to ensure that the clients stay regularly informed of the current status of their trade marks.

We also provide comprehensive anti counterfeiting options to our clients. We obtain court orders (search & seizure); liaise with the police or official receiver and even participate in the raids that are conducted, be it civil or criminal.

We conduct due diligence in connection with mergers, asset purchases and the assignment of trade mark rights.

Additionally, FM regularly advices, negotiates and prepare license, assignment, franchising and co-existence agreements on behalf of our clients.

Reproduced below is a non exhaustive list of our services in this field:

Availability searches and opinions
Filing and prosecution
Settlement Agreements
Oppositions
Domain name disputes and registration and maintenance
Infringement opinions
Anti – counterfeiting strategies
Licensing and permitted use agreements
Portfolio management

Copyright

FM has broad experience in copyright and content protection. This practice group assists clients in a wide variety of copyright related transactions. Be it registration, negotiating terms and conditions of publishing, distribution, royalty, licensing and assignment agreements, we do it all. In addition, we advice clients on the international validity of copyright.

This has been an area of concern especially given the increase in Business Process Outsourcing to India. We regularly advice clients in relation to content developed by employees during the course of their employment, developing in-house policies for employees, use of copyrighted works, e-mail and the Internet.

This group has extensive experience in infringement litigation, representing copyright owners as well as alleged infringers.

Reproduced below is a non exhaustive list of our services in this field:

Drafting copyright and internet-related contracts (such as website design / hosting agreements and electronic publishing agreements, etc)
Registering and enforcing copyrights
Clearing copyrights in materials to be used on websites or other multimedia products
Drafting copyright notices
Litigation
Agreements related to music licensing
Assignments
Portfolio Management.

An indicative list of FM clients which we have advised in the Intellectual Property sector is as follows:

Acted on behalf of Then Maschinen (B.V.I.) Limited for patents filing, prosecution and maintenance of patent applications in India
Acting on behalf of Indian Institute of Technology (Delhi) for patents searches, drafting, filing and prosecution in India and PCT Filing and Abroad.
Acted on behalf of NRDC, National Research Development Corporation for patents searches, drafting, filing and prosecution in India and PCT Filing Abroad.
Acted on behalf of Samsung Electronics. Co. Ltd. (Korea) through Selim Intellectual Property Law Firm, Century IP Law Firm, Prime Intellectual Property Law Firm in relation to patent National phase/ Convention filing and prosecution in India
Acted on behalf of NewBioMed PIKA Ltd and Yeshing Biopharma Pvt. Ltd. in relation to national phase filing and prosecution of patent application
Acted on behalf of Polymer Technologies International for Trademark filing, infringement, opposition and prosecution in India and Abroad.
Acted on behalf of Borges India for Design/Trademark searches, filing and prosecution in India and Abroad.
Acted on behalf of Pavit Worldwide for Design/Trademark filing and prosecution in India and Abroad.
Acted on behalf of Cardiac Pacemakers Inc. for Trademark filing and prosecution in India.
Acted on behalf of AGA Medical Corporation in various law suits against infringers of its patented product in India. Prosecution of various patent applications in India;
Acted on behalf of Tyco Electronics Pvt. Ltd. in relation to Patent searches, drafting, patent filing and prosecution of patent application;
Acted on behalf of Batelle Memorial Institute in relation to national phase filing and prosecution of patent application;
Acted on behalf of Falmer Investment Pvt. Ltd. in relation to national phase filing and prosecution and maintenance of patent applications in India;
Acted on behalf of Vicus Therapeutics in relation to national phase filing and prosecution of patent application;
Acted on behalf of WFCP LLC in relation to national phase filing and prosecution of patent applications in India;
Represented Alpha Pharma Healthcare Pvt. Ltd. in relation to an IP infringement suit and settlement of the disputes;
Acted on behalf of MANCHES LLP for Trademark filing and prosecution in India.
Acted on behalf of METALSA for Trademark filing and prosecution in India;
Acted on behalf of TARRANT CAPITAL IP, LLC for Trademark filing and prosecution in India;
Provided specialist IP advice to Spice Mobile Communication;
Acted on behalf of Spice Mobile for Trademark filing and prosecution in India;
Acted on behalf of ZACCO NETHERLANDS for Trademark filing and prosecution in India;
Acted on behalf of Continental Airlines for Trademark filing and prosecution in India;
Drafted Patent Validity Opinion and acted for Daichi Sankyo Company Limited in Patent Opposition and Litigation in India;
Acted on behalf of Elcomponics in relation to various trademarks filing and prosecution in India;
Acted on behalf of BEAM GLOBAL for Trademark filing and prosecution in India;
Acted on behalf of Technology Information, Forecasting and Assessment Council (TIFAC) for patents searches, drafting, filing and prosecution in India and PCT Filing;
Drafted various contracts for Eros International PLC including contracts for engaging script writers, co-production of films, rights buy-out agreements;
Rendered advice to Barmy Army Cricket Supporters Club Ltd. in relation to availability, use and registration of trade marks in India;
Drafted a memorandum of understanding and confidentiality agreement in relation to the co-production of an animated film for Canyon Industries Entertainment. Rendered miscellaneous advice in relation to the above;
Advised and represented Barbara Taylor Bradford in a litigation against Sahara T.V. with respect to the soap, ‘Karisma- Miracles of Destiny’;
Acted on behalf of Universal Studios for production of the Film ‘Guru’ including location contracts, releases, production agreements etc;
Acted on behalf of the esteemed polo player Yuvraj Shivraj of Jodhpur;
Advised Warner Bros in relation to establishing a joint venture company in India for bringing out a sports magazine in India and reviewed various contracts and rendered advice in relation to the Indian shoot of the motion picture entitled Blood Diamond;
Prepared a detailed memo for Star T.V. in relation to telemarketing;
Advised International Hotel Management Limited;
Advised Electronic Arts on investment issue in EA Games India Private Limited;
Advised and acted on behalf of Huawei Technology Pvt. Ltd. on software protection in India and domain name disputes arbitration before the National Internet Exchange of India (NIXI);
Rendered advice to the Author Mr. Ashok Banker in relation to option agreements for literary property. Vetting of various contracts such as non-disclosure agreements, memorandum of understanding etc. Drafting and sending legal notices for recovery of royalties due to the author;
Rendered advice to Bulldog Entertainment and Media Limited in relation to the option and exercise of option of formats including the format for the reality show ‘Are you smarter than a fifth grader?’ (‘kya aap panchvi pass se tez hain’). Drafted various non-disclosure agreements in relation to the above. Miscellaneous IP advice including selection, use and protection of IP;
Advised PVI Virtual Media Services, LLC in relation to cross border technology transfer;
Acted on behalf of Ministry of Sound International Limited in relation to infringement of copyright and passing off of trade marks;
Acted on behalf of Valentino in relation to various trade marks filing and prosecution in India;
Represented Daimler Chrysler, drafted criminal complaint for obtaining search and seizure orders against unknown persons with regard to trade mark and copyright violations. Assisted the police in conducting raids on various manufacturers of counterfeit auto parts;
Advised Stichting Grean Peace Council related to availability, use and registration of trade marks in India and prosecution of trade mark applications;
Represented Shanghai Belling in relation to an IP infringement suit and settlement of the disputes;
Represented Scotch Whisky Association in relation to Trade Mark Infringement in India;
Acted and advised Leading Indian actress Nandita Das in relation to various documents ranging from distributorship agreements to actor engagement contracts;
Represented Sony Music Entertainment (India) Private Limited in relation to litigation for compulsory licensing of a music album;
Advised Wisden Cricinfo in relation to various IP related agreements and contracts;
Acted for Lexis Nexis in conducting due diligence followed by drafting, negotiating and closing acquisition of IP assets of Wadhwa & Co.;
Acted for Major League Baseball Inc. in trade mark opposition proceedings;
Advised Pfizer Inc. on data protection and data privacy laws of India;
Advised M Corp Global FZE in various miscellaneous IP matters;
Advised Blackberry Research in Motion in relation to the import of blackberry handhelds and tie-up with Bharti Telesonic (Airtel), including advise on corporate issues, import requirements, enforceability of click wrap/shrink wrap agreements & vetting of master supply agreements etc.;
Rendered advice to i2 Technologies Ltd. regarding software licensing.

Trade Mark

Reproduced below is a non exhaustive list of our services in this field:

Copyright

Reproduced below is a non exhaustive list of our services in this field:

An indicative list of FM clients which we have advised in the Intellectual Property sector is as follows:

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