INSIGHTS

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

Introduction : The digital economy is rapidly transforming from a marketplace confined to websites and e-commerce platforms into immersive virtual environments where users can purchase, sell, display and interact with digital assets. A shopper today can buy a pair of sneakers, put them on an avatar and walk that avatar through a virtual store that looks remarkably like the flagship outlet on the high street. The metaverse can be defined as interconnected virtual spaces that h

Introduction : “A gesture lasts a second. A brand can last forever. For the most forward - thinking companies in the world, these two facts are no longer in conflict - they are a strategy” Imagine hearing that gentle chime when you unlock an iPhone, or seeing a superhero's fictitious cape swoosh past, or a waiter performing an elegant flourish before serving your dinner. Each of these experiences has been created with precision and engineering, is registered as a trademark, p

Introduction : If you are in this modern world with startups, a brand is the most valuable asset of a startup. Memorable names, logos, tag lines and digital identities have become commonplace in the startup world for establishing consumer recognition and market presence. However, a lot of startups invest in marketing and product launch without giving trademark clearance or legal due diligence. This negligence often becomes the cause of trademark conflicts, the re-branding exp

Introduction : The Trademark Act, 1999, defines the purpose of a trademark in section 2(1)(zb): to establish distinctiveness in a competitive market and to provide a safeguard for the masses against potential deception. The Courts have, over the years, ensured that public interest in trademark rights is prioritised. This article discusses the limitations of trademark protection. The Semaglutide Battle: Novo Nordisk vs Dr Reddy’s Laboratories The Delhi High Court has recently

Introduction : The way people purchase and sell high-end goods has been revolutionized by the global luxury resale market. High-end watches, clothing, accessories, and handbags are no longer limited to upscale boutiques; instead, they are increasingly traded on online resale platforms that guarantee sustainability, affordability, and authenticity. These platforms have made luxury goods more accessible, but they have also created complicated trademark problems, especially when

Introduction : Consider using social media and listening to someone who has the voice, the cadence, the style of Taylor Swift and endorsing a product that she never used or a song that she never wrote. Millions listen, share and believe it. Days later, one finds that the whole audio was created by AI, without any recording, no studio, no contract signed. So, the question is if no original Taylor Swift recording was copied, then what is being infringed? In January 2024, sexual

Introduction : Traditionally, trademarks have included words, logos, symbols, labels, and other visible signs that identify the source of goods and services. However, modern branding increasingly focuses on sensory experiences instead of just visual cues. Today, businesses aim to establish brand recognition through sounds, shapes, colors, scents, movements, textures, and even holograms. This shift has led to the development of non-traditional trademarks. Non-traditional tra

Introduction : A name is arguably the most intimate possession of an individual, yet the law increasingly views it as a mere commodity - a brand, a licensable domain, a source of tortious dispute. Indian courts have grappled with the question of when a celebrity name ceases to be a personal appellation and becomes a commercial asset subject to trademark-style protection. The implications of this distinction touch all manner of speech and commerce, from memes to merchandise an

Introduction : In today’s globalised and competitive market, trademarks are not just mere symbols or words of trade but have emerged as powerful business assets that carry with themselves brand values, market reputation and an extraordinary commercial value. However, due to factors like international trade, a greater evolution in the categories of goods and services, an adequate and a consistent trademark classification system is required to potentially simplify different cla

Introduction : There is a peculiar relationship between trademark law and domain names. Trademark laws were built for a physical world of labels, packaging and shop frontages. On the other hand, a domain name is a human readable numeric IP address within ICANN’s domain name system. However, when a consumer types a bank’s name, for instance, in a browser address bar, they are placing exactly the kind of source identifying trust in that string of characters that trademark law h

Introduction : The current food industry is not defined by culinary expertise alone, but rather by the power of brand. It might be hard for a customer to recollect all ingredients used in making a particular burger or the spices added to the signature curry, but they will remember where they bought it from. This transition from product recognition to source recognition makes trademarks not just a formal procedure in the process of doing business, but one of the most valuable

Introduction : For many years, the Indian trademark register had been characterised by an apparent contradiction. On the one hand, there were those who adopted and used marks in the ordinary course of trade. On the other hand, there were registrations on a “proposed to be used” basis which remained uncommercialised but continued to stand in the way of subsequent registrations. The situation is made worse where such registrations remain alive as mere defensive acquisitions or

Introduction There is always a huge debate whether digital brands can build real goodwill without ever opening a shop, printing of billboard, or any physical office because when brands operate from Instagram, Amazon, YouTube, App Stores, or any other websites it becomes harder to determine any trademark disputes. This blog will help us to explore how courts and brand owners can overcome that problem with a focus on reputation, goodwill, and online enforcement. The core legal

Introduction Today’s consumers don’t encounter brands via logos and slogans/brands’ websites. Instead of encountering brands’ websites or seeing the logos/identifiers you would associate with a particular company/brand on their respective websites, you encounter brands via algorithm-generated experiences, which create the framing of choice, preference, and behaviour. In today’s digital marketplace, the most prominent and frequently cited point of engagement between the consum

Introduction In present times, when you think about property, intangible property is commonly included in such a definition. With the increase of commercial value of intellectual property, people are now extremely interested in the ownership of such property. Hence, they are now on par with tangible property. Therefore, the question arises, how are such properties, more specifically trademarks, distributed in the case of inheritance and succession and how effective is the cur

Introduction Counterfeiting in the physical world is often identifiable through sensory cues. As you go through the crowded, underground lanes of the Palika Bazaar of New Delhi, a fake Nike sneaker gives itself away in its irregular stitching, the characteristic odor of cheap synthetic rubber, or slightly off-centered logo. However, the rise of immersive digital platforms and virtual commerce has shifted counterfeiting concerns into digital environments, where the traditional

Introduction Are a 'well-known trademark' under Section 11 and a 'trademark having a reputation' under Section 29(4) of the Trade Marks Act, 1999 the same thing? If courts have treated them as equivalent, are they right to do so? Indian trademark law draws a critical but mostly overlooked distinction between a well-known mark under Section 11 and a mark with a reputation under Section 29(4). The former provides us with an absolute bar on registration of a conflicting mark, th

Introduction In the past few years, trademark law in India has seen considerable transformations due to the advancements in technology, increase in online business, and globalization. The current status of trademark registration in India is such that it has become more evidence-intensive and technology-oriented. Also, Indian Trade Marks Registry applies a stricter examination process while evaluating trademark applications which is inline with India's efforts towards building

Introduction The exponential growth of India’s digital economy has redefined domain names as more than just website addresses; they have evolved into significant commercial assets intertwined with brand perception and consumer trust. The increased dependence on online platforms has led to cybersquatting and domain name disputes becoming a critical commercial and legal issue. The situation in India is especially challenging; start-ups, SMEs and local firms tend to neglect digi