INSIGHTS

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 : My dream of becoming an artist was hushed down when the people around me echoed that it’s not a safe career for earning enough to sustain. I still think of pursuing art but those words are now working out like prophecy, not because artists lack talent, but because the AI systems now learning from their work were never asked for permission. Every few months, a court somewhere in the world is asked the same question, “Can an artificial intelligence system own the

Introduction : Early-stage start-ups often struggle to agree upon a price for their equity. Priced rounds are time-consuming and costly, which encourages investors and founders alike to defer valuation. Early-stage financing therefore frequently employs instruments such as the convertible note and the iSAFE to postpone valuation discussions until a later round. A convertible note is a legally recognised debt instrument that converts into equity upon the occurrence of specifie

Introduction : In today’s world organisations have become primary users of software applications in this digital environment to offer their services and also to have a competitive edge. This dependency also poses major risks if the vendor goes bankrupt, is acquired, fails to provide support, or any other anticipated events occur. Operational, regulatory compliance and trust of customers are all affected areas of impact that can be caused by these kinds of disruptions to organ

Introduction : Contracts being mutually decided obligations between parties are enforceable by the court of law. This means once entered as per the statutory requirements, the defaulting party has to make good of losses incurred by an aggrieved party due to failure to perform such contractual obligation. Including a liability clause, in a contract, ensures the inclusion of liquidated damages, decided by the parties themselves. Such a liquidated damage is entitled to the party

Introduction : A performer’s voice has traditionally been inseparable from the performance in which it is expressed. An actor speaks a dialogue, a singer records a song, and the law can identify a concrete performance, a recording and the economic rights attached to them. Artificial intelligence disrupts that relationship. A voice can now be extracted as a recognisable personal attribute, analysed through existing recordings and reproduced in an entirely new performance that

Introduction : Imagine that you receive a new client who seeks to bring an action for copyright infringement. As you learn more about the case, you realise that your client is ‘morally’ aggrieved or rather, ‘algorithmically disappointed’ and legally injured because a work it created after hours of painstaking neural-network processes involving training, association formation, perturbation, monitoring, stabilisation, and output generation has been infringed. Sounds absurd? Per

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 : Artificial intelligence (AI) is increasingly reliant on vast amounts of human generated content. Large language models (LLMs) are trained on data sets of books, articles and other written materials. This allows the AI to learn patterns of information and create responses, but it raises important copyright issues. When the AI learns from a copyrighted work, is that unlawful copying? This question was considered by the United States District Court for the Norther

Introduction : A startup does not usually make a sale in one meeting with a large business. Customers would like to verify that the product works for their data and operations while companies would like to get income after that. This is where a pilot is introduced. This instrument fills the void between both parties but at the same time represents the biggest risk for them as well since the customer has wide access to the product, its processes and often specialists; so on th