INSIGHTS

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 The fusion of trade and social media has altered the brand customer relationship. While the Indian influencer marketing sector is currently valued at 3600 crores (approximately) in 2024, it is predicted to increase by 25% in 2026. Both established and emerging brands collaborate with influencers and market their products to huge masses of users over various social media networks like Instagram, Youtube and short form video based social media networks. The fast b

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