INSIGHTS

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

Introduction: In the commercial sphere, trademarks are more than a legal identification of a brand; they are powerful symbols of reputation, consumer trust, and brand identity. A trademark enables consumers to distinguish the goods or services of one enterprise from those of another, while simultaneously embodying the goodwill and commercial value developed by a business over time. As pointed out by Andy Warhol, A Coke is a Coke, and no amount of money can get you a better Co

Introduction Comparative advertising is defined by the form of advertising whereby the businessman employs his products/services in comparison to those of other firm's products/services in order to prove superiority over them in aspects of quality, price, and performance. The current trends in advertising have adopted comparison of products as a common trend in advertising in order to create an impression among consumers. However, this trend is often subject to problems invo

Introduction United Breweries Limited has secured trademark protection for the distinctive “Oo la la la le o”, a distinctive jingle, associated with Kingfisher beverages. The trademark registry granted the registration to the audio signature as a sound mark with effect from January 31, 2025 and granted the certificate of registration on February 5, 2026, confirming the mark's validity for ten years. These developments come after Indian Hotels Company Limited announced that “T

Introduction From the last couple of years many organizations are rushing to get trademark prefixes such as “Green”, “Eco”, “Bio”. We have already seen these types of trademarks in many companies such as Mamaearth, Biotique, etc. which gives a sense of psychological satisfaction to the consumers that they are using the natural product and the company is inclined towards nature and putting efforts to make the environment clean and sustainable. For example, Mamaearth says every

Introduction Sport rivalries thrive on humor, satire and banter, but what happens when that very satire is coupled with an advertisement by a global corporation, and wherein commercial gain is involved? And at what point therefore, does humor cross into trademark disparagement. This very question came before the Delhi High Court in May 2025, when the Royal Challengers Bengaluru (RCB) sought an injunction against an advertisement by Uber India, which as alleged, played on the

Introduction Consider two firms simultaneously developing a revolutionary process for industry. The first hurries to the patent office, files a patent application in full detail, and receives the exclusive right to the process for twenty years. The other firm does nothing. It simply creates a wall of secrecy and moves forward. Twenty years down the line, the patent granted to the first firm expires, and all the information is available to its competitors, courtesy of the law.

Introduction: The Identity Economy and Its Legal Discontents In days gone by, a celebrities name, or catchphrase, or a vocal identity can be a proven source of considerable amount of brand income; therefore, in these days the legal issue of control of a public figure's identity has gained acute commercial and constitutional importance. From giving the brand of clothes or face of a film star a connection with a movie, or providing AI-generated voice of a singer, without permis

Introduction The advent of digital advertising has brought trademark law into direct conflict with online market practices, particularly keyword bidding. The use of competitors’ trademarks by businesses to promote their own goods and services, albeit as invisible keywords, has often been debated as “infringement”, thereby causing unfair advantages and consumer confusion. Courts reveal a relatively permissive stance, as per established precedents, but the enactment of the Dark

Introduction The classical function of trademark law was to identify the source of each good or service in the market. Trademarks were meant to help consumers distinguish between similar ones. As per its definition, a trademark is a “ distinctive mark capable of graphical representation, which is used in commerce and is distinguishable from other marks in the market ” [1] . However, of late, trademarks have come to symbolise status, social affiliation, and personality [2] . T

Abstract Sidhu Moosewala’s 2026 Sign to God Hologram tour is creating excitement among his fan base, but raises questions related to Intellectual Property laws. This blog dives into India’s IP laws and examines questions like the ownership of Artificially Generated performances, posthumous rights to protect Moosewala’s legacy and the implications of the use of his brand on trademark matters. It also explores rights under the Copyright Act and Posthumous Rights. Introduction I

1. Introduction: The Historic 21 November 2025 Order The Indian intellectual property rights legal framework has undergone a fundamental shift in its structure with the formal acceptance of the country's first-ever trademark for an olfactory mark on November 21, 2025. [1] The order was issued by the Controller General of Patents, Designs, and Trade Marks (CGPDTM) for a rose-scented tyre designed by Japanese tyre producer Sumitomo Rubber Industries. [2] For several decades, t

Introduction In the competitive landscape of global intellectual property, there is a dangerous misconception among brand owners i.e. “well-known” status is a merit badge or an automatic reward for achieving a certain threshold of commercial popularity. The prevailing sentiment suggests that if a mark get the public consciousness via advertising spend and sheer scale, the law is duty bound to recognize its status as “well-known”. However, this point of view fundamentally misi

Introduction Indian markets are facing a meaning plethora of options in every product category and service. Trust building is a major problem faced by all businesses as trust is an unevenly forged commodity. Besides, the classical trademark serves the primary function of identifying the source; there are two supplementary devices in the Indian trademark regime in the shape of certification marks and collective marks, which carry further connotative dimensions regarding qualit

Introduction The Digital Personal Data Protection Act, 2023 (DPDP Act), [1] is a significant development in the Indian privacy regime. The DPDP Act cautions the rights of data principals (individuals) and obligations on data fiduciaries concerning consent, purpose restriction, data minimisation, and the right to correct/erase. Conversely, the Indian IP regime regarding copyrights, patents, trade secrets, database protection, and contract licenses treats information and creat

Introduction: A Turning Point in Indian Trademark Jurisprudence The recognition of the first scents-based trademark for India in the year 2025 is a turning point for the intellectual property regime of this nation. The concept of trademarking, as it stands in India, has always been based on visual and graphical elements such as words, logos, symbols, labels, and shapes that can be easily distinguished and depicted graphically. The recognition of a scent as a trademark upsets

Introduction In recent years, trademark owners especially large corporations and online companies have increasingly shown reliance on defensive trademark registration as a means to secure their possible future commercial interests. These trademark registrations are usually done not with the intention to utilize them commercially in the near future, but to reserve the right to prevent other individuals or companies from using similar trademarks defensively, it becomes a seriou