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Sheja is a trademark and design law attorney at ALG whose practice focuses on trademarks, service marks, trade dress, trade names, domain names, industrial designs, also copyrights and confidential information.
Sheja has responsibility for the trademark and designs portfolios of several large multinationals and Fortune 500 companies across a wide range of industries. She works with clients to obtain and protect their trademarks and designs. Her profile includes preparing and filing applications for registration of trademarks, designs and copyrights, drafting and filing responses to office actions, drafting and filing affidavits of use. She attends hearings at the Trademark Office, Designs Office and the Copyright Office. She has experience in portfolio management of pharmaceutical clients, including conducting clearances and availability searches therefor based on searches at the database of TM Office, Design Office, WhoIs search, MCA database, online investigations, market enquiries and surveys, common law sources, INNs and INN stems, etc.
Enforcing and defending intellectual property in oppositions, cancellations and appeals before the Trademark Office, the Designs Office, the Copyright Office, NIXI (National Internet Exchange of India), and the IPAB (Intellectual Property Appellate Board) is one of her areas of expertise. She drafts and reviews notices of opposition, counter statements to notices of opposition, affidavits of evidence etc. She advises clients in strategizing negotiations carried out with adversaries and on structuring successful and profitable settlements. She has also successfully represented several domestic and international clients in domain name administrative proceedings under the INDRP and UDRP.
She advises clients on intellectual property transactional issues and has experience in drafting, reviewing, and counseling clients on IP license and assignment agreements, franchising agreements, co-branding agreements, distributorship agreements, joint-venture agreements, strategic alliance projects, coexistence agreements, consent agreements, rights re-structuring agreements, valuation of trademarks and other such rights structuring activities. She conducts IP due diligence reports and prepares and reviews legal documentation involved in such projects. She is involved in drafting and publishing of position papers, white papers, critical analysis of policy documents and policy framework, comments to draft statutes, rules and ordinances in response to invitation for public and stakeholders issued by the government and in discerning and shaping trends relating to trademarks and designs practice.
She assists clients in devising effective enforcement strategies, which include conducting investigations, drafting and issuing Legal Notices, conducting raids with local officials, registering IP rights with custom authorities, and taking appropriate action before the Trademark Office, Designs Office and Copyright Office. She is involved in enforcement actions involving infringement and passing off, piracy, unauthorised use, falsification of trademarks, false application of trademarks, misappropriation of confidential information, breach of confidentiality, misrepresentation, unfair trade and anti-competitive practices, etc.
She has experience in litigation pertaining to trademark infringement and passing off, trade name disputes, false advertising, trademark dilution, trademark debasement, domain name disputes and piracy of designs and copyrights. She assists and advises clients in lawsuit strategy and preparing for various activities at different stages of litigation. Strategic actions taken by her involves seeking various kinds of interim orders such as ex-parte ad-interim injunctions, interim injunctions, search and seizure orders, Anton Piller orders, Mareva injunctions, John Doe orders and with other civil remedies such as damages or accounts of profits, recovery or possession of infringing copies, as well as criminal remedies.
Publications & Speaking Engagements
- Indian Affidavits of Use: A Tool for Effective Trademark Prosecution and Enforcement (INTA Bulletin Nol. 66 No.19, November 1, 2011) (with Andrew Price and Rebecca Liebowitz)
- Case comment on Brajnandan Sinha v. Jyoti Narain (AIR 1956 SC 66), All India Reporter, published at http://www.allindiareporter.in/articles/index.php?article=1176
- Conflicting Interests in Drug Pricing: Innovation Vs. Social Needs (Current Science, 25 January, 2008)
- IP Studio for Entrepreneurs & Startups, Jawahar Lal Nehru University, New Delhi, 2017
- “Shape Marks in India”, IPO Annual Meeting, Chicago, 2015
- Table Topic on “Clearing Pharmaceutical Trademarks: Practical Insights” , INTA Annual Meeting, San Diego, 2015
- “Bad Faith Trademark Filings in India”, IPO Annual Meeting, Boston, 2013
- “Bring in the Trolls to Mend the Mess!: A Study of the Indian Patenting Scenario Today and the Woes Afflicting it”, Indo-US International Congress cum Workshop, organized by the United States Patent and Trademark Office, New Delhi, India, October 2009.
- “Intellectual Property Laws: An Overview”, Buehler India, Bangalore, August 2009.
Education, Admissions & Affiliations
- B.A., LL.B. (Hons.)> NALSAR University of Law, Hyderabad.
- Diploma in Advanced Intellectual Property Laws Oklahoma University, USA
Memberships & Participations
- Karnataka High Court Bar Association
- International Trademark Association (INTA)
- International Association for the Protection of Intellectual Property (AIPPI)
- Pharmaceutical Trade Marks Group (PTMG)
- Intellectual Property Owners Association (IPO)