Mathews P. George

Mathews P. George

Mathews is a graduate of National University of Juridical Sciences, Kolkata. His interest in intellectual property was kindled when he bagged the second position in his very second year in the prestigious Nani Palkhiwala Essay Competition on Intellectual Property. Winner of almost a dozen essay competitions in his law school days, he was involved in various research and policy initiatives relating to intellectual property. His stint as a student of Prof. Shamnad Basheer further accentuated his interest in intellectual property. Presently, he is associated with Ninan & Mathew Advocates, Cochin, a leading law firm in Kerala. Earlier, he was working as a corporate lawyer with Khaitan & Co., Bangalore.

Trademark

Delhi HC, Considering inter alia Unique Stylized Font, Decreed against ‘YahooKochi’ in TM Infringement Suit

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The Delhi High Court, in a recent TM infringement ex-parte suit (Class 39) concerning ‘YahooKochi’, held in favour of Yahoo Inc. (Plaintiff) and directed the defendants to pay compensation of nearly five lakhs rupees. The Court had earlier granted ex-parte ad-interim injunction in favour of Yahoo Inc. The judgment is available here. According to the petitioner, “defendants are infringing the plaintiff’s trade mark. In support of his contention, he referred to a print out from defendants’ website- www.yahookochi.com (Ex.PW1/22). He…


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Trademark

Plausible Reasons for Doubting the Strength of Trademark of Missionaries of Charity

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The Missionaries of Charity obtained trademark for the blue striped white cotton saree, according to many news reports. The application was apparently filed in 2013. The organization was apparently granted the trademark in 2016. As per the reports, the organization wanted to prevent the unscrupulous from misusing the pattern for selfish gains. [Hindu report] I do not intend to elaborate on the news reports. The reports are freely available online and elsewhere. I am quite doubtful on the strength of…


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Trademark

A Nuanced Trademark Distinction: 29(1) vs 29(2)? – Part II by Eashan Ghosh

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(Continued….) Part I is available here. Distinguishing Conditions / Effects The third observation from the outcome table is that the key difference between Sections 29(1) and (2), as the defence in Ajanta hinted at, lies in the further condition / effect required to be met. To be clear, the three conditions / effects in issue are: “use in a manner as to render the mark likely to be taken as being used as a trademark” under Section 29(1); “use in…


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Trademark

A Nuanced Trademark Distinction: 29(1) vs 29(2)? – Part I by Eashan Ghosh

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  Eashan Ghosh graduated as a gold medalist from NLSIU, Bangalore and with distinction honours from the University of Oxford. He has been in practice as an intellectual property advocate and consultant in New Delhi since 2011, and has taught intellectual property law at NLU Delhi and NLSIU, Bangalore. He has published articles in international journals including the European Intellectual Property Review, World Trademark Review, the Journal of Intellectual Property Law & Practice and the Queen Mary Journal of Intellectual…


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Others

SpicyIP in Feedspot’s Top 100 IP blogs

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SpicyIP has been ranked eighth among the world’s top 100 IP blogs by Feedspot. Feedspot is basically an aggregator which helps one to read all the relevant blogs on a particular topic at one place. For instance, if one wants to go through all the relevant blogs on landscaping, Feedspot is the platform for you. We have had quite a few achievements so far like being included in the top 50 by Managing IP, being listed as the 8th most…


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Copyright

Is Copyright Content Neutral: Prof. Joshua D. Sarnoff responds to Justice Gautam Patel

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Introduction In a post that has now gone almost viral, Justice Gautam Patel reflected on the perplexing issue of whether or not copyright is content neutral. Or whether it can be subject to the filter of legality/morality. He asked a series of thought provoking questions in his post. Prof. Joshua D. Sarnoff, a widely respected professor of law at DePaul University, has now responded to some of the issues raised by Justice Gautam Patel. Prof Sarnoff has written for us…


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Competition Law

CCI Order on Pharma Major Roche – III

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CCI Order on Pharma Major Roche – I and CCI Order on Pharma Major Roche – II (Continued…) (ii) Whether or not Roche group tried to influence regulatory authorities so as to deny market access to the Informants? (Paragraphs 66 – 74) The Informants submitted various letters written by the Roche group to regulatory authorities. The Roche group, vide these letters, raised concerns regarding the clinical trials undertaken by the Informants for biosimilars. It tried to create a perception that…


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Competition Law

CCI Order on Pharma Major Roche – II

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CCI Order on Pharma Major Roche – I and CCI Order on Pharma Major Roche – III (Continued…) c) Whether or not Roche group holds dominant position within the relevant market? (Paragraphs 52 – 58) Roche Group introduced Trastuzumab under the brand name HERCEPTIN in the year 2002. In the year 2012, it withdrew HERCEPTIN from Indian markets and introduced cheaper versions of Trastuzumab, viz., BICELTIS and HERCLON. As highlighted by the Informants, till February 2014, there was no other…


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Competition Law

CCI Order on Pharma Major Roche – I

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Brief background The Competition Commission of India (“CCI”) ordered detailed investigation against Pharma major Roche and its two group firms for alleged anti-Competition Law modus operandi with respect to the cancer drug, Trastuzumab. The regulator’s decision was delivered on information filed by pharmaceutical companies Biocon Limited, Informant No.1 (“IP-1”) and Mylan Pharmaceuticals Private Limited, Informant No. 2 (“IP-2”) wherein they, broadly speaking, alleged violation of Section 4(2) of Competition Act, 2002 (“Abuse of dominant position”). CCI concluded that there is…


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Competition Law

SpicyIP Tidbit: CCI Orders Investigation Against Pharma Major Roche

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The Competition Commission of India, based on a positive prima facie determination on contravention of Section 4(2)(c) of the Competition Act, ordered investigation against pharma major Roche with respect to the cancer drug, Trastuzumab. The complaint was filed by Biocon and Mylan Pharmaceuticals. I shall be carrying a detailed analysis shortly. [Section 4. Abuse of Dominant position (1) No enterprise or group shall abuse its dominant position.] (2) There shall be an abuse of dominant position 4 [under sub-section (1),…


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