eashanghosh

@eashanghosh

Advocate. IP Chair Professor, National Law University Delhi. Delhi-NCR.

Books

Imperfect Recollections: The Indian Supreme Court on Trade Mark Law
Imperfect Recollections: The Indian Supreme Court on Trade Mark Law
 
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The Finished Article: Essays on Indian Designs Law
The Finished Article: Essays on Indian Designs Law
 
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Media

Rajiv K. Luthra Foundation and NLSIU Bangalore host inaugural Rajiv K. Luthra Memorial Lecture
Centre for Trade And Investment Law
Aishwarya Rai Bachchan and Abhishek in court again— taking on Google over AI deepfakes on YouTube | Explained | Today News
Spooked by AI, Bollywood stars drag Google into fight for 'personality rights' | Reuters
Explainer: Why law steps in if a celeb's face is on T-shirts being sold by fans - India Today
Seasoned Insights | Episode 05 | Eashan Ghosh |
No longer ‘minnows’: T20 World Cup shows tier-2 can step up
Amitabh Bachchan Wins Court Order for His Personality Rights
The GOAT debate isn’t just about Grand Slams, and Federer is proof
Imperfect Recollections | Eashan Ghosh | Trade Mark Law | Book Discussion | #1
Delhi HC Issues Notice On Plea Challenging Exemption Of New-Patented Drugs From Price Control
Protect patents: on revoking Monsanto’s Bollgard-2 patent
Tough Times Ahead for Copycat Designers From Chandni Chowk Bazaar?
Issues of access and ‘fair use’ in new High Court copyright judgment

Book Chapters

papers.ssrn.com
Intellectual Property Rights in India: Innovation, Protection, and Future Trends : Part II
 

Articles & Essays

Case Comment: Cryogas Equipment v. INOX India Eashan Ghosh
Devans Modern Breweries v. Jagpin Breweries Case Comment 14 Indian Journal of Intellectual Property Law 2024
Unilaterally Altering the Bargain: TRIPS, Section 107A, and the Regulatory Review Exception under Indian Patent Law
A Survey of Contemporary Indian Case Law on Prior Publication of Designs 12 Indian Journal of Intellectual Property Law 2022
A Case for Tethering Intellectual Property Appellate Board Cases to a Designs Act-Style Framework 3 NLUD Journal of Legal Studies 2021
A Case for Retaining Transnational Reputation under Indian Trademark Law 11 Indian Journal of Intellectual Property Law 2020
Jurisdiction in Trademark and Copyright Infringement Actions in India Post-IPRS: Interpretations and Conclusions 2 Journal of Intellectual Property Studies 2018
Lacking A European Touch: The Delhi High Court Design Law Ruling in Crocs Inc v. Liberty Shoes Stockholm Intellectual Property Law Review 2018
Fundamental Errors in Fundamental Places: A Case for Setting aside the Delhi University Photocopying Judgment 9 NUJS Law Review 2016
What Should It Take To Be Well-Known? Fashioning An Evidence-For-Benefits Matrix For 'Well-Known Marks' Under Indian Trademark Law 21 Journal of Intellectual Property Rights 2016
A Chapter Called Controversy: Breaking Down the Delhi High Court Appellate Bench Verdict in F Hoffmann-La Roche v Cipla Ltd 6(2) Queen Mary Journal of Intellectual Property 2016
Surveying the Damage: A Study of Damage Payouts by the Delhi High Court in Trademark Infringement Cases (2005-2014) 11 Indian Journal of Law and Technology 2015
Whither the ‘six-year rule’? Reconstructing India's law on the presumption of patent validity
A Recovery Plan for the Indian Law on the Maintainability of Trademark Infringement Actions after WWE’s Knockout Punch 37 European Intellectual Property Review 2015
Winds of change: F Hoffman-La Roche Ltd & Anr v Cipla Ltd 3 Queen Mary Journal of Intellectual Property 2013
Appellate Board provides a shield against genericide attack
Caution Isn’t Kosher – Why India Needs To Adopt The IINET Guidelines For ISP Liability

Short Writing (2023-Present)

Kwatra v. KEI: Honest Concurrent Use Unvisited, Prosecution History Revisited
On A Worse Footing: Toyota v. Tech Square and Transnational Reputation Revisited
The ‘Trademarkification’ of the Design Infringement Inquiry in India
L’Oréal, Section 124, and A ‘Third Way’ for Settling Coincident Infringement & Invalidity Claims
The Jan Vishwas Amendments to the Trade Marks Act: Three Talking Points
Affirming the Rule, Fading the Exception: The Supreme Court on Trademark Transfer Petitions
Book Release / Imperfect Recollections: The Indian Supreme Court on Trade Mark Law (Second Edition)
Book Release: Second Edition of “Imperfect Recollections: The Indian Supreme Court on Trade Mark Law” by Eashan Ghosh
Juice Worth the Squeeze? Appellate Interference & the Interim/Trial Tradeoff at the Supreme Court

Short Writing (2022)

Book Release: The Finished Article: Essays on Indian Designs Law
Book Announcement : "The Finished Article: Essays on Indian Designs Law"
FMC v. Natco: On the Doctrine of Equivalents for Process Patents
Opening Up ‘Effects’ Jurisdiction: Dr Reddy’s v. Controller of Patents
“Undeniably Apparent”: On Diageo & the Delhi High Court’s Designs Law Consensus Problem
Kamdhenu v. Aashiana: “Difficult to Accept” Industry Standards as Designs
“Causing Innuendo”: Product Disparagement & the Dabur-Marico Advertising Wars
Gems…Bond? Product Packaging, Passing Off & Forks in the Evolutionary Road
Nippon v. Controller: “Step Down” Amendments to Patent Applications
Philips v. Agarwal: T-Shaped Trade Variants & Design Infringement
“Stereotyped Speculation”: Thums Up and Limca at the US Court of Appeals
Boehringer v. Vee Excel: Navigating Through Patent Infringement Cases on Tiptoe
Havells v. Panasonic: Throwing Everything Against the Design/Trade Mark Wall
Cognizable But Non-Contextual: The Supreme Court Rules On Criminal Copyright Infringement
KEI Industries v. Kwatra: No Honest Concurrent Use Defence Against Trade Mark Infringement
A Peculiar Half-Space: Notes from Trade Mark-Flavoured Criminal Complaints
Inviting Into Our Consciousness: Prosecution History in Trade Mark Infringement
Saisons v. Maithri: A Failure to See Patent Infringement Jurisdiction ‘From All Angles’
Black Diamond: High Courts & Post-IPAB Supervisory Writ Jurisdiction
Polo v. Arora: The Artistic Work/Trade Mark Overlap Revisited
Moonshine v. Tictok: ‘Identical Infringement’ and a Supreme Court-Shaped Problem
Tricolour Thoughts: National Insignia, Trade Marks & the Emblems Act
Renaissance v. Vijaya Sai: The Indian Supreme Court Rules on Identical Trade Mark Infringement

Short Writing (2021)

The Designs Act, Section 22(4) & Interlocutory Powers Question
FDC v. Tas Med: Pharma Trade Marks, Prior Use Pathways & A Sharp Observation
Novartis v. Natco: Three Talking Points
The British School Case & Trade Marks for Education Services in India
Kapoor v. Raj Cooling: Are Screenshots ‘Cogent Evidence’ of Prior Publication?
Revisiting the Christian Louboutin Red Sole Trade Mark Cases
Merck v. SMS: The Delhi High Court Rules on Section 107A of the Patents Act
One Patent for One Invention: The Delhi High Court Rules on the Dapagliflozin Appeals
Acronym Acrimony & Shutting Down Claimants Who Shoot Wild Shots
“A Conscious Decision To Live Dangerously”: Notes on Stylization in Trade Mark Infringement Claims
Cadila v. Uniza: Framing Errors in Second Jurisdiction Quia Timet Claims

Short Writing (2020)

Amazon v. Amway: Managing Conflicts and a Case for Balancing Safeguards (Part 2)
Amazon v. Amway: Managing Conflicts and a Case for Balancing Safeguards (Part 1)
Amazon v. Amway: Managing Conflicts and a Case for Balancing Safeguards (Part 3)
“Independent, Different and Distinct”: The Supreme Court Segregates Design Cancellations Actions…
UFO v. Creative Kids Wear: The Export-As-Use Presumption in Indian Trade Mark Law Revisited
Astrazeneca v. Torrent: The Split-Factor Interim Injunction
CFA v. Brickwork Finance Academy: Abbreviation Trade Marks & Problems of Process
The ‘Illegality’ Wrinkle: The Delhi High Court Rules on the Bona Fide Use Defence
Mittal Electronics v. Sujata Home Appliances: The Intra-Class Trade Defence Revisited
Dream(11) Come True: Some Trade Mark Issues for Indian Fantasy Sports to Consider
The Jaguar Land Rover Case: Lessons for India on Single Element Trade Marks
One for the Headlines: The Madras High Court Takes Apart Patanjali’s Use of ‘Coronil’
Into the Vault: How the First World War (May Have) Nudged Indian Patent Law’s Product-Process…
Thematic Shifts & Appellate Drift: The Birth of the IPAB’s ‘Supervisory’ Jurisdiction?
Book Release // Imperfect Recollections: The Indian Supreme Court on Trade Mark Law
The IPAB Allows 10 Appeals in a Single Day: Time for a Conversation about Appellate Interference
Separating Infringement Chaff from Rectification Grain: The IPAB Ruling in Sun Pharma v.
ITC v. Nestlé, Magic Masala & Secondary Meaning Challenges
Sun Pharma v. BDR: Another Pharma Trade Mark Claim Undercut by a Shallow Inquiry
Bharat Biotech v. Optival: More Pharma Trade Mark Confusion at the Delhi High Court
The Supreme Court Ruling in Nandhini Deluxe: A Performance Review
Ajanta Pharma v. Zuventus Healthcare: Deceptive Similarity, Chaos, and No Injunction
Creative Travel v. Creative Tours: An Unlikely Revival of Company Name Remedies
What We Understand and Imagine Dynamic IP Injunctions To Be
Amazon v. Amway: A Growing Appellate Scrutiny Problem
Keller Williams v. Dingle Buildcon: Answering the Non-Use ‘KW’estion
KBM Foods v. Tayal: A Prior Use Success and a Delay Defence Disappointment
Central Park Estates v. Provident Housing: Injunction by Induction
Hi-Tech Products v. Union of India: Assessing Writ Court Interference in Trade Mark Procedure
Sun v. Intas: The ‘Generic to Trade’ Defence for Common Prefixes Runs Into Conflict

Short Writing (2019)

“Although There is No Express Plea”: The Delhi High Court Takes a Lenient View on Prima Facie…
Bhagwan Dass Khanna Jewellers v. Union of India: Drowning Out Company Name Rectification Actions
Time for a Reboot: The Delhi High Court finds ‘Dish’ is Not Generic to Satellite TV Services
Delhi High Court Revives IPAB; Urgent Cases To Be Decided Regardless of Quorum Issues
Book Release: ‘Imperfect Recollections: The Indian Supreme Court on Trade Mark Law’
Copyright and Disparagement: The Delhi High Court Rules (Twice) on Comparative Advertising
Unclogging Indian Design Law: The Delhi High Court Ruling in the Crocs Appeals
“A Sherlockian Venture”: The Delhi High Court Shuts Down (Genuine?) E-Commerce Sales Unauthorized by Trade Mark Claimants
Certification Trade Marks and GI versus ‘Regular’ Trade Marks: The Calcutta High Court Ruling in Tea Board v. ITC
Failing “Closer Scrutiny”: The Delhi High Court Rejects (Another) Trademark Claim by BookMyShow.com
No Science Before Trial: The Indian Supreme Court’s (Non-) Decision in Monsanto Technology v…

Short Writing (2018)

Wockhardt v Torrent: The Indian Supreme Court Rules on ‘Positive’ Acquiescence by Trademark…
Intellectual Property Decisions by the Delhi High Court: August 2018
Intellectual Property Decisions by the Delhi High Court: July 2018
Diyora & Bhanderi v Sarine Technologies: The Indian Supreme Court (Sort Of) Nudges Software…
Abbreviated Deceptive Similarity, Section 11(2) Blind Alleys, and Revisiting Vishnudas: The Indian…
Mankind Pharma v. Tiwari, Section 29(5), and Indian Trademark Law’s Trade Name Defence
Intellectual Property Decisions by the Delhi High Court: May-June 2018
Intellectual Property Decisions by the Delhi High Court: April 2018
Guest Post: Ferrero Rocher v. Ruchi International: Another Merited but HUL-less Trademark Damages Award by the Delhi High Court
Inn is Out: The Delhi High Court Rules on Section 124 after Patel Field Marshal
Marico v. Kaur: An Artistic Work/Trade Mark Overlap Question
“Adjudging Tentatively”: Some Thoughts on the Delhi High Court Decision in the Monsanto-Nuziveedu…
Intellectual Property Decisions by the Delhi High Court: March 2018
The European General Court Punches Holes in Crocs’ Design Claim.
Copypasta Justice
Trademark Renewals, Section 150(3), and Small Injustices
Intellectual Property Decisions by the Delhi High Court: February 2018
“Own Fault and Negligence”: The HSIL Jurisdiction Dismissals
India Ranked 44th out of 50 Countries on 2018’s Global IP Index.
On Superon and the Summary Judgment Problem in Trademark Claims
Intellectual Property Decisions by the Delhi High Court: January 2018
Sweet Victories and Sour Ambiguities: Ferrero’s Trademark Lawsuits at the Delhi High Court
Some Thoughts on the Indian Supreme Court Decision in Toyota v. Prius
A Defendant’s Zomato Listing Isn’t Enough to Make Jurisdiction in a Trademark Suit & Other Less…

Short Writing (2017)

By Invitation: The Delhi High Court Declares Louboutin’s Red Sole As a ‘Well Known Trademark’
Intellectual Property Decisions by the Delhi High Court: December 2017
Against Business Morality: The Delhi High Court Dismisses Trademark Claim by Godfrey Phillips
Delhi High Court Denies Interim Injunctions to BookMyShow and MakeMyTrip for Trademark Infringement
Intellectual Property Decisions by the Delhi High Court: October-November 2017
Intellectual Property Decisions by the Delhi High Court: September 2017
Intellectual Property Decisions by the Delhi High Court: August 2017
The Turning Point Cases – Part II
The Turning Point Cases – Part I
A Nuanced Trademark Distinction: 29(1) vs 29(2)? – Part II by Eashan Ghosh
A Nuanced Trademark Distinction: 29(1) vs 29(2)? – Part I by Eashan Ghosh
You Can’t Ever Get What You Want
Acronyms as Trademarks and Cause of Action, Again.
Haus Marks
Of Beer Bottles and…the Sustainability of Combined Lawsuits for Design Infringement and Passing off…
Schrödinger’s Injunction
So, What’s Happened to the IPAB?