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An Indian search engine’s CEO Mr Anurag Dod, along with some other executives, were arrested on 29th April on charges of making available the copyrighted musical works owned by T-Series.

News reports quote the FIR (First Information Report) registered in Bangalore as stating that this is “for infringement and displaying in web site film songs of 1) Om Shanthi Om 2) All the best 3) Bhool Bhulaiya 4) Apka Suroor 5) Aashiq Banaya Apne which belong to Super Cassettes Industries Ltd Copy Right Owner Ship”.

Copyright infringement being a criminal offense, the plaintiff is at liberty to choose either civil, criminal or both these remedies.

The search engine allows users to search and play music from sites which offer free music.

This looks like another Pirates Bay case in making and this is going to go a long way to act as jurisprudence for interpretation of the IT (Amendment) Act 2010 and the way India would determine the safe harbor principles of intermediaries.


Apple unveiled its most awaited tablet PC this week and called it iPad, in line with it’s customary ‘i’ prefix. While all are talking about the product, Fujitsu is crying foul on use of its trademark.


Fujitsu’s in 2002 launched a handheld device called IPAD and also filed for a trademark 76497338, which was published in Sep’09 and open for opposition. Apple has since then sought for 3 extensions for time to keep their options open for filing an opposition.


This is not the first time Apple is in trouble for its trademark. Earlier, the use of iPhone was objected by Cisco and a Japanese company, which was sorted out by mutually agreeing to use it and change its Japanese spelling to avoid confusion. Other Apple trademark battle with companies include the famous Beatle’s music company Apple Corp and Woolsworth (read here)


Others registered users of the mark IPAD included Siemens for a programmable Electric Drives (3389082), keypads for entering pin (3405828) and a company selling bra inserts (3396165). More IPAD marks applied and on the pipeline at the USPTO were, a medical equipment company (77149473), cleaning industry (77876096) and finally on 16th Jan 2010 by IP Application Development LLC who is applying for Apple (77913563).


We could expect the opposition filed anytime now, unless some mutual agreement is reached by then. But as noted here, Apple will not be able to rely on the filing of its mark as it is not the applicant. It would be interesting to note the strategy Apple uses and its arguments when it finally decides to oppose.