Legal Question in Intellectual Property in India

intellectual property

Creative Inc, a company brought into market a playtoy named ''jump jack'', a spring balance on which children can stand on and jump and it became instantly famous. the spring was made of iron and hence it had many practical problems. Y, another company came up with the same toy with different name ''jump jill'', made of a material which solved all practical problems which ''jump jack'' had.

(A) added to the above facts, assume Y adopted the same logo and style of writing as that of Creative Inc. in such a way that it was strikingly similar to that of creative Inc. As an attorney, (a) defend Creative Inc. (b)defend Y.

(B) with regards to the facts mentioned above, can Creative Inc. proceed against Y for copyright infringement in respect to the style of writing.


Asked on 7/25/08, 7:01 am

1 Answer from Attorneys
Manish Dhingra Legal

Re: intellectual property

Arguments for Creative Inc.

1) There is a likelihood of confusion among buyers that "jump jill" is being produced by makers of "jump jack". This is the primary requirement for Creative Inc. to prove to the court and believe me it's all factual.

Arguments for Y (assuming that Y adopted the same logo and style of writing the word "jump jill")

1) Though it will be a very tough case for Y to defend, Y can plead that:

a) the word "jump" is descriptive of the goods and therefore "jump jill" is quite different than "jump jack" and there is no confusion in the market place. This is the main agrument.

b) Depending upon Y needs to trademark the word, Y can any day plead that "jump jack" and/or "jump jill" are both descriptive of the goods. This is a relatively week agrument.

Copyright Issue

Yes, Creative Inc can proceed against Y but first they have to prove that there is a copyright in the logos & writings and they are the copyright owners.

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Answered on 7/25/08, 2:07 pm


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