INSIGHTS

Introduction The Delhi High Court has delivered a judgement on May 22, 2026, which needs to be carefully examined by every digital Platforms in India. Justice Mini Pushkarna restrained Google LLC and Google India from selling the registered trademark “HINDWARE” as an advertising keyword which was decided in the case of Hindware Ltd. v. Grohe India Pvt. Ltd. & Ors., 2026, and directed Google to pay 30 lakh as damages. However, this case not only revolves around sanitaryware pr

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 India’s first accepted olfactory trademark is a significant moment in Indian trademark law. The acceptance of Sumitomo Rubber Industries’ rose-scent application raises important questions about graphical representation, distinctiveness, and functionality, as well as the recognition of non-traditional trademarks under the Trade Marks Act, 1999. This article examines the challenges related to olfactory marks, referencing the landmark Sieckmann decision. It also ana

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