INSIGHTS

Introduction A product’s visual identity now rivals its name or logo in importance. Packaging, color schemes, shapes, and overall design are not merely aesthetic choices; they are powerful tools of brand communication that shape consumer perception and purchasing decisions. This distinctive visual presentation, legally recognized as trade dress, has become a cornerstone of intellectual property protection worldwide. In India, where consumer markets are diverse and highly comp

Introduction Imagine yourself as the brand manager of an upcoming fashion company. Over the course of years, you and your company have invested significant effort and finances into building a trademark that people recognise. And then you notice that your trademark has been hijacked: numerous listings with your logo on various online marketplaces; squatters using your brand's domain; counterfeit merchandise that cannot be distinguished from genuine products by even the trained

Introduction What is a brand? For a business, it is everything. A trademark is no longer just a logo or a name, but it is an identity of a business, it is a representation of the identity, trust, and customer loyalty and a substantial commercial value. Sometimes in this world, brand recognition often surpasses physical assets in terms of monetary value, and therefore, the fate of trademarks during insolvency has become a critical issue in the legal and business circles. The I

Introduction “The right to be let alone is indeed the beginning of all freedom.” ~ Justice William O. Douglas The law of trademark was developed to conserve source identification and to shield the consumers against misleading business practices in the territorially delimitated commercial settings. Digitization of business has upset this structural assumption by shifting the transactions to platform mediated ecosystems marked by algorithmic visibility, cross border trade as we