Sreyoshi Guha

Sreyoshi is a law student at Symbiosis Law School, Pune. Her favourite thing about Intellectual Property Law is Copyrights, and how it can always fascinate her without ever really trying too hard. She can usually be found doing one of three things: dog-earing her favourite pages of her books, looking up a Zomato menu, or day-dreaming of the day she'll finally meet John Mayer. She loves writing and believes that it can change the world. She doesn't have any notable achievements, except probably that one time when she encountered a crazy pigeon, and lived to tell the tale. You can contact her at sreyoshi394@gmail.com.

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SpicyIP Weekly Review (August 7-13)


This week’s thematic highlight is a guest post by Mr. Adarsh Ramanujan, who is an advocate with Lakshmikumaran & Sridharan, New Delhi. Adarsh discusses the recent amendment to Implementing Regulations to the European Patent Convention (EPC). The amendment makes plants and animals that are exclusively obtained through an essentially biological process, non-patentable. He notes that although the amendment is significant for the EU, given that prior to the amendment such plants and animals were patentable, this has limited implication for India. He…


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Copyright Trademark

The Red Cross With A Twist: IMA Seeks IP Protection For New Logo


The last time the Red Cross’s red cross emblem (read: red coloured Greek cross on a white background; feeble attempt at a word-pun) became wrapped up in trademark law, it made big news in the US. The company, Johnson & Johnson had sued the American Red Cross over trademark infringement of the famous emblem, and lost. Now, it appears that the emblem is making news within IP circles in India. According to reports, the Indian Medical Association (IMA) has come…


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Others

Google Me A Research Scandal


In a controversy that has doubtless become the subject of conversation in most academic circles lately, Google has been accused of paying academics for research supporting its policy interests. Readers should note that while this controversy has been picked up and reproduced on several news reports, the primary allegations were mounted by an organization called the Campaign for Accountability (CFA) which issued the report earlier this month. The Wall Street Journal (WSJ) then picked up on this and echoed most of…


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Patent

Chemtura Patent Restoration: Bombay HC Reverses IPAB’s Revocation Order


On 19th June, the Bombay HC in exercise of its writ jurisdiction, passed an order restoring Chemtura Corporation’s patent (patent number 213608) on the register. While doing so, the Court also effectively overturned a 2012 IPAB decision revoking the same patent. Prior to this, the Chemtura patent had been subject to judicial scrutiny in 2009. We covered that order extensively over here and in passing here. The facts leading up to the present order are as follows: Chemtura was granted…


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Others

SpicyIP Weekly Review (July 9 – July 15)


Our thematic highlight for this week also doubles as the debut post of our First Scholar in Practice, Harshavardhan Ganesan. Through his post, Harsha attempts to revisit ‘publicity rights’ – a term he uses interchangeably with ‘personality rights’. Beginning with an introduction into the concept of publicity rights, he quickly moves on to his core argument: that publicity rights do not fit within the IP regime. He justifies this argument with the observation that Publicity Rights are lacking in several…


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Copyright

Copyright Society or Company? Indian IP’s Home Grown Identity Crisis


Termed as one of our very own pet peeves, Indian copyright societies have been the subject of several of our posts over the years. True to that topical history, we would like to direct our readers’ attention to a development from March, this year. Having stayed under the radar for the most part, it hadn’t been picked up by media channels, until last week in a coverage by radioandmusic.com. The report, which is available here, helpfully notes, “Quietly and almost…


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Comparative Advertising Trademark

Real Icecream, Real Disparagement: Bombay HC Shuts Down Amul’s Advertisements (Part II)


[In Part I of this post, I had laid out the facts of the case and studied the viability of the claim of generic disparagement under law. I had also looked into one of the primary issues of this case – whether frozen desserts all contain “vanaspati/vanaspati tel.”] One of the contentions raised by Amul was that this was a case of comparative advertisement, which permitted puffery of its products. (Our posts on this subject can be accessed here.) I…


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Comparative Advertising Trademark

Real Icecream, Real Disparagement: Bombay HC Shuts Down Amul’s Advertisements (Part I)


Earlier this year, Amul found itself strapped in legal trouble when Hindustan Unilever Limited (HUL) sued them for disparagement. At the root of the dispute, were two advertisements comparing Amul’s “icecreams” to other “frozen desserts” – claiming that the former uses “real milk” while the latter does not. We had covered this over here, when the issue first hit headlines. Last month, a single judge bench of the Bombay High Court passed a comprehensive judgment on the matter (Suit (L)…


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Trademark

Exide India Settles 19-Year-Old Trademarks Dispute


Last month, in a landmark development, Exide Industries (Exide India) entered into a settlement with US based Exide Technologies (Exide US) over the use of the disputed ‘EXIDE’ trademark. I call it a landmark development for two reasons – a) it is a decision that has put an end to a dispute, which has gone on for almost two decades and b) according to media reports, the terms of the settlement indicate that Exide US has effectively waived any right/…


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Copyright

Sugar Hero v. Food Network: Copyright Infringement of ‘How-To’ Food Videos


In an interesting case from the United States, an independent food blogger/entrepreneur has sued The Food Network for copyright infringement. Upon perusal of the IPKat coverage of the issue including the complaint (linked in the same coverage and available here), the factual matrix supporting the claim becomes fairly clear. The Facts Sugar Hero is a website run by blogger turned entrepreneur, Elizabeth Labau. Through this website, she shares her innovative, self-created recipes in creative ways including videos, pictures, etc. This…


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