INSIGHTS

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 : There's a press release in the consumer brand launch world these days, too. There's a launch when the same unboxing video appears from a dozen influencers at the same time in the morning, the product sells out in the evening, and the campaign hashtag is trending at night. Speed is the essence of influencer marketing for business. Legally speaking, the goodwill accrues faster than the paperwork: before anyone even asks if the name's available, the logo is viewed

Introduction : A consumer standing before a supermarket shelf may not always read the brand name before recognising a product. Sometimes, the colour of the packaging, the shape of the bottle, the arrangement of images, or even the overall visual appearance is enough to trigger recognition. This raises an important question for trademark law. This is the essence of "trade dress," and it is precisely what was at stake in the recent, closely watched dispute between Emami Limited

Introduction : A trade mark certificate can be easily framed and put up on the office wall. Defending it, on the other hand, is a more involved process. Section 28 of the Trademarks Act, 1999 grants the registered proprietor with an exclusive right to use the mark for the goods/service covered by the registration, but the same statute puts a rider on that right. Marks left idle for too long can be removed at the instance of any person aggrieved. Since 2021, when the Intellect

Introduction : In a judgment delivered on 22 January 2026, in the case of Gloster Limited v. Gloster Cables Limited & Ors., a bench of Justices J.B. Pardiwala and K.V. Viswanathan allowed cross-appeals against an order of the NCLT. The ground was lack of jurisdiction to decide the disputes under Section 60(5)(c) of the Insolvency and Bankruptcy Code, 2016. The most interesting point of this decision is the fact that even a judicial acknowledgement of the "clean slate" concept

Introduction : The visual identity of a mobile or web application, its colour palette , icon set , layout grid , navigation gestures, and the whole sensory impression it creates has slowly become as commercially valuable as any word mark or logo. Fintech, ride-hailing, food-delivery , and social media applications increasingly lean on a polished, steady ‘look and feel’ as a brand asset that gets crafted over years of design investment. Still, the design of a screen sits a bit

Introduction : Sustainable fashion in India has moved beyond fabric and production processes. Brands are increasingly investing in distinctive eco-friendly packaging, kraft paper boxes, earthy colour palettes, minimalist labelling with green motifs, reusable cloth bags, as visual identifiers that signal environmental commitment to consumers. This “green branding” has become a competitive asset, distinguishing eco-conscious labels in a crowded marketplace. But as this packagin

Introduction : Generative design software can generate scores of packaging ideas within minutes. A brand manager can ask for “a premium glucose-biscuit pack in warm yellow with child illustration” and get beautifully designed packages before lunchtime. However, these models are trained on extensive databases of images, including images of actual products placed on actual store shelves. Hence, an output generated by these models may unconsciously incorporate the very colour sc

Introduction : Naming a brand has entered an era in which one types a product description into a generative algorithm and sees an instantly produced list of pithy, available-sounding names to choose from as the first step in the launch process. What one types into the algorithm and the list it produces have little bearing on the ability of the selected name to withstand claims of trademark infringement: whether the name one chose appears among hundreds of unregistered marks u

Introduction : In a corporate insolvency resolution process (CIRP) of Gloster Industries Limited (Gloster Limited v. Gloster Cables Limited & Ors), the Supreme Court on January 22, 2026 quashed the finding of the National Company Law Tribunal (NCLT) that the trademark GLOSTER belonged to the corporate debtor. The Court clarified that the residuary jurisdiction of the NCLT under Section 60(5) of IBC is not intended to conclusively resolve a dispute between two or more rival pr

Introduction : This conflict is part of the conflict over the conflicting marks “MARQ” and “MARC” for electrical/electronic goods. The case was heard from the Trial Court, the Delhi High Court up to the Supreme Court. The main case before the Delhi High Court is related to the order dated 27th October 2018 passed by Additional District Judge (Patiala House Courts), New Delhi. Justice Tejas Karia heard and decided the appeal in the case of FAO-IPD 46/2021 on 10th April 2026. T

Introduction : Previously, a trademark mainly served as a mark that recognized the source of goods or services. In the digital economy today, however, a successful trademark can have a commercial identity that goes beyond the original product for which the trademark was created. An automobile manufacturer can now start engaging in crypto-finance, a fashion brand can introduce cosmetics, and a tech company may offer its customers programs about entertainment, education, and on

Introduction : The Supreme Court of India, in a recent public advisory notice, cautioned people against one fraudulent website that was allegedly impersonating its official online portal and being used for targeted phishing. Lately, these kinds of scams have become a lot more common. In today’s age of the Internet, almost every business wants to increase its online presence in order to expand its sales and increase their goodwill. These scams, where the scammers create a fake

Introduction : A domain name begins as a technical address, however, with the growth of online commerce, its legal and commercial function has expanded. A domain name may now identify the enterprise operating a website, distinguish its goods or services and communicate the goodwill associated with that business. This change explains why Indian courts have treated domain names as capable of receiving trademark protection. The relevant question is not whether a domain name was

Introduction : A domain name is not merely an internet address. In online commerce, it can identify the business operating a website, distinguish its goods or services and carry the goodwill of an established brand. This commercial significance makes domain names vulnerable to deliberate misuse. Cybersquatting occurs when a person registers a domain name corresponding to a famous or distinctive brand, usually to demand money from the legitimate owner, divert traffic or exploi

Introduction : Search engines allow advertisers to bid on words that trigger the display of sponsored results. This creates a commercially important question: may a company purchase its competitor’s trademark as a keyword so that its advertisement appears when users search for the competitor? For example, a restaurant may bid on “McDonald’s” so that its advertisement appears when a user searches for McDonald’s restaurants. The advertiser may never display the word in the visi

Introduction : Trademark opposition and rectification proceedings depend heavily on documentary evidence. Parties must establish prior use, reputation, ownership, distinctiveness, bad faith and other facts that cannot ordinarily be proved through pleadings alone. Rule 45 of the Trade Marks Rules 2017 prescribes a two-month period for filing evidence in support of opposition or rectification proceedings. The legal controversy has been whether this period is mandatory, so that

Introduction : The dispute concerns the competing use of the marks “MARQ” and “MARC” in relation to electrical and electronic goods. The litigation progressed from the Trial Court to the Delhi High Court and ultimately reached the Supreme Court. The principal proceedings before the Delhi High Court arose from the order dated 27 October 2018 passed by the Additional District Judge, Patiala House Courts, New Delhi. The appeal, FAO-IPD 46/2021, was decided by Justice Tejas Karia

Introduction : If you are able to recognize a pack of Cadbury from the far end of a supermarket aisle, then you would understand my point. For a long time now, this purple color has served as the brand's identifier even before the concept of jingles or endorsement by celebrities emerged. Simply put, colors have always been more than just aesthetically appealing features; they actually speak a language on their own. Unfortunately, the rules regarding registration of color trad

Introduction : Refurbished goods lie between the ordinary resale of genuine goods and counterfeiting. An authentic item might go back into commerce after laboratory testing, reconditioning, software updating, remanufacture, rebranding, and a new warranty. Trademark law safeguards source-identifying signs, but generally does not give owners indefinite monopoly over all subsequent sales. This arose in the context of the end of life hard drives manufactured by Western Digital an