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Dr. Kalyan C. Kankanala Email: firstname.lastname@example.org Blog: www.sinapseblog.com Course: www.onlineipcourses.com
Territory Product Patent - Make, Use, Sell, Offer for Sale and Import. Process patent - Use
Literal Infringement Infringement by Equivalence
Claim Construction Comparison Claim by claim - element by element
Claim Preamble Transition Body I claim a 'ceiling Fan' comprising of a base connected to a solid rod, which in turn is connected to a rotor with three wings.
Preamble - I claim a 'ceiling Fan' Transition - comprising of Body - base connected to a solid rod, which in turn is connected to a rotor with three wings.
Base Solid rod Rotor 3 Wings
Is this product infringing?
A ceiling fan having a base to be attached to the ceiling and which has a hollow rod connected to the base. The hollow rod is connected to a circular rotor having 4 wings. I claim a 'ceiling Fan' comprising of a base connected to a solid rod, which inturn is connected to a rotor with three wings.
Doctrine of Equivalence
Equivalents of a claim ² Function ² Way ² Result Prosecution History Estoppel
Registered trademark Identical or Deceptively Similar marks Identical or similar goods or services Likelihood of confusion Famous mark
Misrepresentation Course of trade Consumers Injury to business or good will Actual damage
Cable News Network Vs. Cam News Network
CNN - World news on electronic media Defendant - Printing and publication of news, journals and magazines - ¶CAM News Network (CNN on cover page) Held passing off - Injunction granted
Horlicks Limited Vs. Kartick Sadhakan
Horlicks Trademark - energy boosting products Defendant - Toffee Held liable for passing off
Adobe Vs. Rohit
Registered domain name ² www.adobe.org Held ² Domain Name registration not authorized Restrained from use Punitive damages ² Rs. 5 lakhs
Reproduce Adapt Distribute Derivative works Public Display Public Performance
² Without Permission ² Exercises Rights ² Access ² Copying
Ideas Facts Work in Public Domain Fair dealing or Fair Use
Mackie v. Rieser
Image of an artist's sculpture included in brochure Held liable for copyright infringement Damages - 1, 000 dollars
Silver Ring Splint v. Digisplint
Jewelry manufacturer - Website, Catalog and Handbill Alleged that defendant's website and catalog violated copyright Held liable
Sculpture Mutilated Moral rights
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