Author name: Mathews P. George

Mathews is a graduate of West Bengal National University of Juridical Sciences, Kolkata. He pursued LLM in 'IP and Competition Law' from the Munich Intellectual Property Law Centre (a joint collaboration of Max Plank Institute for Innovation and Competition, University of Augsburg, Technical University of Munich and George Washington University, Washington). His areas of practice include Technology Law in general (IPR, Competition Law, Data Protection Law etc) Corporate Law, Contract Law and Public Law (Constitutional Law and Criminal Law). He practises law and policy at both national and international levels. Presently, he is in Kerala. In addition to litigation before various courts in Kerala, he is also involved in various national and international policy and academic initiatives.

8PM v. PALONE 8: Delhi HC on law on numeral trademark

/ By / Trademark

The Delhi High Court, in its interim judgment in Radico Khaitan Ltd v. Carlsberg India Pvt Ltd., inter alia examined the law on numeral trademark. [slightly long post] Facts: The plaintiff, Radico Khaitan Ltd, a leading manufacturer of alcoholic beverages, markets its products under inter alia “8PM”. The mark “8PM” was registered under both Class 32 (mineral water) and Class 33 (wines, liquors, whisky and alcoholic drinks). [Note: Though Class 32 inter alia contains beer, the plaintiff registered “8PM” in […]

8PM v. PALONE 8: Delhi HC on law on numeral trademark Read More »

India’s desi AK – 47

/ By / Copyright

India may soon have its desi AK – 47, reportedTimes of India. It is expected to be more potent than the Russian made AK – 47.  As per the report, the weapon which is developed by Tiruchirapalli Ordnance Factory in Tamil Nadu, is undergoing final rounds of evaluation. Not formally christened so far, the weapon is known as Tiruchirapalli Assault Rifle (TAR). The report traced the development of the desiversion back to a Defence Expo in New Delhi in 2000.

India’s desi AK – 47 Read More »

Issuing interim orders under S. 31 of Copyright Act

/ By / Copyright

The Delhi HC, in its recent judgment in Music Broadcast Pvt Ltd vs Super Cassette Industries Ltd, held that the Copyright Board could issue interim orders under S.31 even in the absence of an express empowering statutory provision. Barring certain lacunae, I must note that it is a fairly reasoned judgment. Summary of judgment Considering common law cases dating back to 17th century, the judgment rightly noted that the power to grant interim orders was firmly grounded in common law.

Issuing interim orders under S. 31 of Copyright Act Read More »

Note on Malar Network (P) Ltd. Vs. Arun Prasath D

/ By / Trademark

In this post, I shall discuss the Madras High Court judgment dated 28th March, 2011 which decided on an appeal directed against Single Bench Order. The judgment is available here. Facts The Appellant/Plaintiff Malar Network (P) Ltd., with an intention to engage in the business of Telecommunications, T.V. Channels, websites and related fields, registered the domain names “MALARTV.COM” and “MALARTV.IN” in 2005 and 2007 respectively under Class 38. The appellant, however, did not put them into use in the public

Note on Malar Network (P) Ltd. Vs. Arun Prasath D Read More »

"Manual of Geographical Indications Practice and Procedure" released

/ By / Uncategorized

The Office of the Controller General of Patents, Designs and Trademarks & Registrar of Geographical Indications has relased the “Manual of Geographical Indications Practice and Procedue”. The Geographical Indications of Goods (Registration and Protection) Act, 1999 and the Geographical Indications of Goods (Registration and Protection) Rules, 2002 came into force on 15th September, 2003. The Manual succinctly traces the evolution of GI, explores the concept of GI and context of  enactment of Geographical Indications of Goods (Registration & Protection) Act,

"Manual of Geographical Indications Practice and Procedure" released Read More »

From Cola Wars to Whisky Wars: If anything has been ‘Made Large’, they are Commercial Disparagement and Copyright violations

/ By / Copyright, Trademark

Guest Post by Prateek Bhandari Prateek Bhandari is a fourth year student of NUJS, Kolkata. He is the Co-founder & Manager (Website Development & Finance) of Lawctopus. In the light of various judgments on commercial disparagement, he analyses the possible violations committed by McDowell’s advertisement which was, however, later withdrawn.   versus                                                          If you thought the cola wars are losing the fizz, check out what could have snowballed into a high ‘spirited’ new edition- Whisky Wars! UB Spirits launched

From Cola Wars to Whisky Wars: If anything has been ‘Made Large’, they are Commercial Disparagement and Copyright violations Read More »

Indian granted patents…diminishing focus on future enforceability?

/ By / Patent

Guest Post by Tarun Khurana Tarun Khurana, Partner in Khurana & Khurana, Advocates and IP Attorneys and its IP Consulting Firm – Institute of Intellectual Property Research & Development (IIPRD), has over 10 years of experience in Intellectual Property matters. In this guest post, he examines whether the Indian Patent Office has lived upto the expectation of granting patents which are enforceable. Objective The Indian Patent Act, 2005, like municipal statutes of other TRIPS compliant countries, incorporates the patentability grounds

Indian granted patents…diminishing focus on future enforceability? Read More »

Delhi HC on remedies pertaining to trademark infringement and passing off

/ By / Trademark

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

Delhi HC on remedies pertaining to trademark infringement and passing off Read More »

IIPS Annual IP Essay Competition, 2011

/ By / Event

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

IIPS Annual IP Essay Competition, 2011 Read More »

Bombay HC on passing off & shape of Vodka bottle

/ By / Trademark

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,

Bombay HC on passing off & shape of Vodka bottle Read More »

Scroll to Top