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 second year of Law School (in the prestigious Nani Palkhiwala Essay Competition on Intellectual Property). His stint as a student of Prof. Shamnad Basheer further accentuated his interest in 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. Mathews is, currently, based out of Munich, Germany. He had earlier done his LLM in 'IP and Competition Law' from Munich Intellectual Property Law Centre (jointly run by Max Plank Institute for Innovation and Competition, University of Augsburg, Technical University of Munich and George Washington University, Washington).

Trademark

Delhi HC on remedies pertaining to trademark infringement and passing off


In its judgment in M/S Mahashian Di Hatti Ltd. vs Mr. Raj Niwas, Proprietor of MHS, the Delhi High Court re-affirmed the differential evidentiary standards prescribed for trademark infringement and passing off. FACTS  The plaintiff uses the registered logo, MDH within three hexagon device on red colour background, in its business of manufacturing and selling spices & condiments. The aforesaid logo has been in use since 1949 in respect of various products such as “Kashmiri Mirch” and “Kasoori Methi”. Registered…


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Events

IIPS Annual IP Essay Competition, 2011


The Institute of Intellectual Property Studies (IIPS) is conducting a national IP essay competition on “THE ROLE OF THE LEGISLATURE, THE GOVERNMENT, JUDICIARY AND PRIVATE ENTERPRISES IN PROTECTING INTELLECTUAL PROPERTY RIGHTS IN INDIA”. In the context of the roles of any of the specific bodies mentioned above, participants may choose any one of the following topics: A) Compulsory licensing of Copyrights: Public interest and entertainment industry B) Is open source policy a competitive alternative to monopoly rights or can the…


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Trademark

Bombay HC on passing off & shape of Vodka bottle


The Bombay High Court recently delivered an interesting judgment pertaining to passing off / trademark law. The dispute was over the shape adopted by the defendant for its Vodka bottle. Gorbatschow Wodka Kg v. John Distilleries Limited Facts The plaintiff which owned one of the top fifteen premium Vodka brands in the world – “Gorbatschow Wodka”, marketed it in a bottle which was quite distinctive in shape. The shape was registered in various jurisdictions. In India, claiming use since December,…


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Events

World Copyright Summit in Brussels on 7th & 8th June, 2011 – Javed Akhtar to be the keynote speaker


The World Copyright Summit will be held in Brussels on 7th & 8th June, 2011. It is organised by International Confederation of Societies of Authors and Composers (CISAC). After two successful editions in Brussels (2007) and Washington, DC (2009), over 600 participants will attend the third edition of the Summit. World famous creators, rights organisations, music and books publishers, TV and film producers, policy makers, media and content providers, ISPs and telecom operators, hardware manufacturers, legal and technology experts and…


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Trademark

Determination of prima facie validity of registered mark


The Delhi High Court once again examined the prima facie validity of a registered mark in its judgment in Bhole Baba Milk Food Industries Ltd v. Parul Food Specialities (P) Ltd. The Court had to decide plaintiff’s application for interlocutory injunction qua use of word “Krishna” (which is part of its registered mark) in the label mark “Parul’s Lord Krishna” of the defendant. A similar examination of registered mark was earlier carried out in Marico Ltd v. Agro Tech Foods…


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Trademark

ANOTHER INSTANCE OF OUTSOURCING – HIGHLY UNHEALTHY PHENOMENA


[* Slightly long post] Outsourcing commonly refers to contracting out of a business function – one previously performed in-house to an external provider. The Indian statutory authorities appear to have embraced this phenomena which amount to candid admission of their lackluster infrastructure / supporting services. Very recently, we covered the outsourcing of patent searches to CSIR, India’s largest public funded patentee by the Patent Office [available here]. In this post, I shall test the vires of this phenomena specific to…


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Trademark

Trade Marks Official in CBI net


Prof. Shamnad Basheer had already covered the arrest of ND Kasturi, Deputy Registrar of Trademarks by CBI officials [available here ]. SPICY IP is now given to believe that “Manjal” file is one amongst the ten odd files files taken from Mrs. Kasturi’s office by CBI for further investigation. [ For our posts on “Manjal” issue, see here, here & here. ] Times of India reported the arrest a day after, available here. This post is a summary of that…


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Trademark

MANJAL REMOVED FROM TRADEMARK REGISTRY – II


In my earlier post, I had discussed the Order dated 21st January, 2011 which removed “Manjal” from the trade marks registry. “Manjal” is the Malayalam / Tamil translation for turmeric / haldi (in Hindi). The mark was registered by M/s Oriental Extractions Pvt. Ltd (hereinafter Oriental Extractions) in Class – 3 for “ayurvedic bath soap”. The rectification application was filed by Mr. S. Sivasubramanyan, Proprietor of M/s Divine Pharmaceuticals, Kollam before Deputy Registrar of Trade Marks. The Order noted that…


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Trademark

‘MANJAL’ REMOVED FROM TRADE MARK REGISTRY


The mark “Manjal” was removed from the trade marks registry vide Order dated 21st January, 2011. “Manjal” is the Malayalam / Tamil translation for turmeric / haldi (in Hindi). It was registered by M/s Oriental Extractions Pvt. Ltd in Class – 3 for “ayurvedic bath soap”. The instant application for rectification was filed by Mr. S. Sivasubramanyan, Proprietor of M/s Divine Pharmaceuticals, Kollam before Deputy Registrar of Trade Marks. Interestingly, none appeared for the registered proprietor. This Order will have…


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Uncategorized

The 1st Annual SLR – Sage Essay Competition


Socio-Legal Review (SLR), the inter-disciplinary, peer-reviewed and student edited journal published by the National Law School of India University (NLSIU) and Sage Publications, the independent international publisher of books, journal and international media, have announced “The 1st Annual SLR – Sage Essay Competition”. Topics ( any one of the following): 1. John Milbank argues that, “Liberal principles will always ensure that the rights of the individual override those of the group.” For this reason, he concludes, “liberalism cannot defend corporate…


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