INSIGHTS

Introduction : Most companies build their brand mark without even thinking about defending it from others. Most companies maintain records such as sales, advertising, and distribution records only for accountancy and operational purposes, hardly seeing that the brand they have built from scratch may need to be proved if challenged. The alarm rings once a cease-and-desist notice, rectification petition, or any infringement or passing-off claim knocks on the door, and the propr

Introduction : Section 3 of the Real Estate (Regulation and Development) Act, 2016 (“RERA Act”) is in many ways a mere procedural precondition to registration that a promoter has to fulfill, or fail to fulfill, with little consequence beyond the regulation. However, a division bench of the Karnataka High Court in Navaratan Jhunjhunwala & Anr. v. Karnataka Real Estate Appellate Tribunal & Ors. on 16 July 2026 took a much wider view of it, one that touches upon the very heart o

Introduction : Conflict of Interest in procurement processes occurs when an individual who is handling decisions related to procurement and while doing so has personal, financial, or professional interests that could unethically influence choice of suppliers, contract negotiations, or purchasing outcomes. Such conflicts can arise when employees have secret or personal or fiscal relationships with suppliers, or heads of the companies or greed related to personal incentives. Ma

Introduction : Warehouses just aren’t what they used to be. The old days of muscle work and noisy forklifts have given way to rows of robots, smart conveyor belts, sensors everywhere, and software quietly steering the show. The idea is simple work should get faster and people shouldn’t break their backs dragging stuff around. But with all these upgrades, you don’t just plug things in and walk away. There’s a different kind of risk now. Picture working there: you’re dodging ro

Introduction : The division sale appears to be one transaction. In reality, it is six or seven transactions that happen at the same time, but each has its own decision-making body, paperwork, and timeline. The transaction that is often forgotten is never the board’s resolution. It is either the lender’s consent, the counterparty’s right to reject the transfer, or the shareholder’s approval, which applies only due to the division reaching the statutory level. The blog follows

Introduction : Drug names are rarely invented from nothing. A company that sells a pantoprazole tablet, a rabeprazole tablet and an etoricoxib tablet will often attach one recognizable syllable to each generic name, so that doctors and patients come to read the syllable as a signature. After a few decades, the syllable does more work than any single product name. Indian trade mark law calls the resulting group a ‘family of marks’, and its enforcement keeps returning to the De

Introduction : When co-founders of a startup set up a company, they normally get ordinary paid-up equity as shares. When one of them leaves the company too soon but has a big stake in it, it may cause an inconsistency between his contribution and ownership, disadvantageous to the remaining founders and making future fundraising difficult. In order to eliminate this problem, shareholder agreements usually provide for certain conditions of share vesting, also known as “reverse

Introduction : Imagine that foreign skincare company that set up shop in India. A distributor is hired, the first container is loaded in the boat, and the sales are rolling. But three years down the road, the bond breaks and the company is forced to replace the distributor. Too late-its brand name appears on the Indian trademarks register as belonging to the distributor. This is not some distant fairy tale. It’s quite common enough that just about every trademark attorney has

Introduction : Have you ever wondered what you would do if someone searching for your brand on Google ended up on your competitor's website? How would you react to it ? And it is actually happening. Hindware, a well-known manufacturer of sanitaryware and bathroom fittings, discovered that users searching for its brand name were being redirected to competitors through Google advertisements. But the question before all of us is how would it really happen? When the brand wants G

Introduction : It can be said that a commercial right is as powerful as the notice that it relies on. Most contracts will require a written notice given in a prescribed manner to a prescribed person or entity for termination, indemnity claims, cure requests, and for the commencement of arbitration. If that email address delegated notice was sent to another person with the same surname, to someone who has departed the organization, or to another email address, the sender might

Introduction : The trademark disputes, where a suit can be filed, is often as important as the claim itself. The jurisdiction of courts in trademark disputes has become an increasingly important procedural question in Indian intellectual property litigation with time. While Section 134 of the Trade Act, 1999, specifically provides for suits concerning infringement of registered trademarks and passing off to be instituted before a District Court having jurisdiction, the provis

Introduction : One of the most important structural reforms in Indian commercial law is represented by the Insolvency and Bankruptcy Code, 2016 (hereinafter referred as IBC). The primary purpose of Insolvency laws is to secure relief to the debtor from the harassment of creditors whose obligations they failed to fulfil, while helping the creditors to recover debts efficiently. IBC was enacted to consolidate the fragmented and complicated insolvency regime and overcome the per