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When the Machine Borrows the Shelf : Liability for AI-Generated Trade Dress and Packaging Confusion in India
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
Sep 3010 min read


Beyond Access: Copyright, Personality Rights and Commercial Exploitation in India’s Digital Economy
Introduction : The concept of “Convenience" is too often mistaken for Compliance”. In fact, it is because of rapid development in information technology that we see the digital world filled with great opportunities ranging from creation of highly realistic content to various processes of content manipulation. The mere fact of having access to the digital content does not mean that it is legally okay to use it or commercially exploit it. As a result, the fast-forward movement
Sep 298 min read


Trademark Liability For Automated Brand - Name Generators
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
Sep 2911 min read


Copyright, Trade Secret or Agreement? Intellectual Property Framework for Proprietary Prompts
Introduction : The rise of the commercial side of generative artificial intelligence brought about a unique intellectual asset, prompt. Prompt became not a spontaneous message to be entered into a chatbot, but an elaborate set of instructions tested in a loop until it yielded the required result from the large language model. Enterprises develop prompt libraries which are considered their proprietary assets, comparable to source code in terms of internal business significance
Sep 299 min read


The Legality of Multiplex Boycotts in the Age of Streaming
Introduction : Recently, the Carnatic region was caught in a strife between its Multiplex Association and the Producer’s Council. The discord was rooted in a question asked by filmmakers across the country: “Can Producers push for Over-The-Top (OTT) Releases within four weeks of a theatrical release, or must there be a mandatory eight-week window?” If so, “What rights do Film Exhibitors and Producers have?” The traditional film was shot and released in theatres, where it cel
Sep 286 min read


When Competitors Use the Same Pricing Algorithm: Where Independent Parallelism Ends and Concerted Practice Begins
Introduction : Now, businesses such as retailers, hotels, landlords, and airlines use advanced revenue-management systems. These include tools that analyse market information to suggest recommendations or automatically set the prices. When the same system is used by several market players, a question arises: Should one think about these businesses as having coordinated their actions/action? The competition law allows firms to compare their prices with those of their competito
Sep 287 min read


When "Personal" Became a Password : How India's Data Protection Law Quietly Rewired the Right to Know
Introduction : In the vast details of India's Data Protection Bill, 2023, which many people realize has nothing to do with data breaches or penalties, one clause could end up playing a significant role in democratic governance in India. Section 44 (3) does not mention data breaches, but it mentions paperwork, which means that it changes the sentence in a twenty-year-old transparency law and consequently has probably eliminated one of the most powerful and helpful tools availa
Sep 287 min read


From Prestianni to Almirón : Legal Analysis of Prestianni Law
Introduction : In the last decade, the footballing world has stood strong against racism. FIFA and UEFA joining hands to protect players from discrimination through their ‘No Racism’ and ‘Say No to Racism’ campaigns, respectively, have shaped the laws of the game to suppress racism. Continuing its commitment, FIFA and IFAB brought a new law in the game in which players can be red-carded for concealing their speech by covering their mouths. This prevents discriminatory remark
Sep 267 min read


Arbitration of Insolvency-Related Contract Claims
Introduction : The intersection of arbitration and insolvency presents a complex area of commercial dispute in the midst of financial distress. Arbitration is founded on the parties agreement to have their dispute resolved through adjudicatory mechanism, while insolvency proceedings operate through collective framework addressing financial distress of a corporate body. The commencement of insolvency proceedings can alter how contractual disputes are pursued. This becomes sign
Sep 265 min read


From Dress-Up Games to Legal Questions
Introduction : As a child, I was always fond of games that involved makeup, fashion, cleanliness, or cooking. I enjoyed them so much that I started downloading these apps when I was just 12–13 years old. At that age, I often felt that these games were like an escape mechanism where I could change physical appearances and do whatever I wanted with a character’s body. Through them, I even learned which makeup product is applied where. This was quite surprising for my mother. Sh
Sep 264 min read


IBC Claims for Digital Assets and Token-Based Obligations
Introduction : Increasing use of cryptocurrency and tokens with digital wallets has brought different kinds of assets in business dealings. Companies now deal in these blockchain based transactions more often. Insolvency and Bankruptcy Code from 2016 does not cover them explicitly. These assets can be pseudonymous and change value fast. They move across borders depending on private keys or custodians for access. Token holders might not qualify as creditors and the way claims
Sep 257 min read


Supreme Court Treatment Of Contested Trademark Ownership During Insolvency
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
Sep 257 min read
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