Kiran George

Kiran Mary George is a Third Year student at ILS Law College, Pune. Her first stint in the world of Intellectual Property law was an internship with a registered copyright society that granted her an insight into the world of copyright in music. Since then, her interest in IPR has taken strong hold, and she enjoys keeping close tabs on developments in the field. She is still discovering her interests, but so far takes a special liking to open access, copyright and trademarks.

Trademark

AstraZeneca v. Dr. Reddy’s – Colour as a Pharmaceutical Trade Dress

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“You take the blue pill and the story ends. You wake in your bed and believe whatever you want to believe. You take the red pill and you stay in Wonderland and I show you how deep the rabbit-hole goes.” Morpheus, The Matrix. US-based pharma AstraZeneca had, not so long ago, filed a suit before a Delaware court against the purple colour of the generic version of AstraZenca’s antacid pill, Nexium, being sold by Dr. Reddy’s Laboratories in the US….


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Others

SpicyIP Tidbit : Rain ravages Chennai IPO?

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We received a tip off from an anonymous source that the rain that devastated Chennai in November and early December, also found its way into Chennai’s IPO – destroying many trademark and patent files in the basement and on the ground floor. We hear that until recently, the water was being pumped out of the office, with casual labourers retrieving the files and leaving them out to dry at the bus stand. With the weather forecasts predicting that the rains are all…


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Others

SpicyIP Weekly Review (30th November – 12th December)

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SpicyIP Highlight of the Week(s)! Our SpicyIP Highlight was definitely Shamnad sir’s article where he applauded Justice Nadrajog and Justice Gupta of the Delhi High Court for having issued a suo moto order accepting the allegations of plagiarism against them in the Roche v. Cipla judgement. In the order, they went on to apologize to the authors of the 2013 note published in the Queen Mary Journal of Intellectual Property – Shwetasree Majumdar and Eashan Ghosh – from where the plagiarized…


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Copyright Others

SpicyIP Tidbit : Dr. Y.P.C. Dangey appointed Inquiry Officer in IPRS investigation

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Although this comes in just a tad bit late, we have an important update for our readers post the Supreme Court’s dismissal of the Special Leave Petition filed by the infamous Indian Performing Right Society (IPRS) against the order passed by the Bombay HC, allowing the government to finally rip into IPRS’ unscrupulous affairs (I blogged about this here). As it appears, in a notification dated 14th August, 2015, the Central Government has announced the appointment of Y.P.C. Dangey – retired joint secretary…


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Trademark

[SpicyIP Tidbit] Travelkhana lands in pickle ; sued for copyright and trademark infringement by IRCTC

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It appears that the IRCTC (Indian Railway Catering and Tourism Corporation) has served a legal notice on Travelkhana – a popular train e-caterer – alleging copyright and trademark infringement by Travelkhana’s mobile app IR Catering . It claims that IR Catering is deceptively similar in the name, colour scheme and design to the IRCTC’s own mobile application – IRCTC Connect. In a notice sent to Travelkhana last week, the IRCTC demanded that Travelkhana take its app off Google Play and…


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Trademark

The ‘Indian Express’ trademark infringement conundrum

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This post summarizes a recent case decided by Justice Gautam Patel of the Bombay HC, where the question of whether the use of a title registered only with the Registrar of Newspapers for India (RNI) under the Press and Registration of Books Act, 1867 (the ‘Press Act’) can amount to infringement of an identical title registered under the Trade Marks Act, 1999, was tackled. The Court, ruling in favour of the plantiffs, held that the mark had been infringed, and restrained the defendant from using the…


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Others

SpicyIP Weekly Review ( 1st-7th November)

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SpicyIP Highlight of the Week ! Our SpicyIP Highlight of the Week was Balaji’s summary post  on the Ferani Hotels v. State Information Commissioner judgement that brought up for consideration a question that involved an interesting overlap of intellectual property and the RTI. It dealt with a writ petition filed by Ferani Hotels against an order issued by the State Information Commissioner in an appeal filed by Mr. Nusli Wadia, directing the Bombay Municipal Corporation to disclose information concerning the petitioner’s…


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Others

SpicyIP Weekly Review ( 5th – 11th October)

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Our SpicyIP Highlight of the Week is definitely Shamnad sir’s post on Merck’s victory in the Delhi HC’s recent ruling barring Glenmark from selling a generic version of Merck’s patent-protected anti diabetic drug, Sitagliptin. He holds this up as the perfect counter to the unfair patent bias that the US has been known to associate with India. He then goes on to chronicle the significant aspects of the judgement – the Court’s reversal of an incorrect proposition on patent infringement…


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Trademark

Passing off : Descriptive mark must have acquired ‘secondary meaning’, merely showing ‘prior user’ not enough

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In a recent matter before the Bombay HC – Pidilite Industries Ltd. And Anr vs Vilas Nemichand Jain And Anr – the Court considered the question of whether, in an action for passing off in relation to a descriptive mark, upon establishment that the plaintiff was a prior user and that the mark had obtained reputation and goodwill, this will ipso facto entitle the plaintiff to an injunction against passing off. The suit was ultimately dismissed by the Court on…


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Innovation Patent

SpicyIP Tidbit – Economist and IP innovator Heidi Williams awarded the MacArthur Fellowship 2015!

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We have some incredibly gratifying news for you folks today! Economist Heidi Williams, who’s done some fascinating work tracking the implications of patent regulations and technology changes on innovation in health-care markets through data-based research (you can check out some of her work on Written Description’s blog here), has been chosen as one of the 24 MacArthur Fellows for 2015. What makes Williams’ receipt of this prestigious Fellowship, aka “Genius Grant”, even more of an extraordinary honour, is the fact…


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