Sound Board

Our thoughts and views on the practice of Intellectual Property in India and around the world.

As businesses increasingly expand across international markets, disputes concerning the protection of international trademarks in India have become more frequent. While Indian trademark law recognizes the doctrine of transborder reputation, protection is not granted solely on the basis of global recognition. A foreign proprietor must demonstrate that its goodwill and reputation have extended/spilled into the Indian market. These principles were recently examined by the Delhi High Court in the…

Zee Entertainment, one of India's largest media conglomerates, has filed a suit before the Delhi High Court against fashion and beauty retailer brand Nykaa, alleging that the company used songs in which ZEE owns copyright in twelve Instagram reels to promote its products. According to Zee, it has a licensing agreement with Meta that allows Meta to permit third parties to use the copyrighted songs for non-commercial purposes. Nykaa’s use of these songs for advertising purposes, which constitutes…

The overlap between copyright protection under the Copyright Act, 1957 and design protection under the Designs Act, 2000 has long been one of the most debated issues in Indian intellectual property law. While copyright protects original artistic works, industrial designs are intended to be protected under the Designs Act. Determining when an artistic work loses copyright protection after being commercially exploited has remained uncertain because of Section 15(2) of the Copyright Act. The…

The enactment of Copyright amendment Act in 2012 is considered to be one of the major milestones in the Indian copyright regime, as it addressed one of the legal lacunae regarding the rights of lyricists and composers after their literary and musical works are incorporated into cinematograph films and sound recordings. Even after the amendment, there were uncertainties regarding the interpretation of these provisions. It was against this backdrop that Vodafone Idea Limited v. The Indian…

Recently, the Delhi High Court reaffirmed a basic principle, i.e., in cases where marks are filed on a “proposed-to-be-used” basis, priority in application prevails over subsequent commercial use. The Court held that when identical or similar marks are applied for on a “proposed to be used” basis, the prior applicant would have superior rights.

India joined the Madrid Protocol on 8 July 2013. In the years since, international registrations designating India have grown steadily, driven by the appeal of a single application, a single set of fees, and protection across 130 plus member countries. The value proposition is clear. So is the reality. India's trademark law framework contains several structural features that create friction for foreign applicants at almost every stage of prosecution, friction that, if not anticipated, can cost…

When it comes to trademark rights, a common assumption among global brands is that international fame and reputation automatically guarantee protection for their mark in every jurisdiction. However, the ruling of the Madras High Court in the dispute between 7–Eleven International LLC and Ravi Foods Private Limited shows that this is not always the case in India. In a significant decision, the Hon’ble Court reaffirmed that trademark protection in India is rooted in the principle of…

Recently, the Madras High Court in the case of ACE Foods Private Limited vs The Registrar of Trade Marks & Anr (CMA(TM) No. 22 of 2025), dealt with the question of whether Rule 45 and 46 of the Trade Marks Rules, 2017 are ultra vires to the powers vested under the Trade Marks Act, 1999 and held that non-filing of submissions under these stages cannot result in deemed abandonment of the application/opposition per se. This decision addresses a long-standing practice of the Trade Marks Registry…

Product packaging plays a crucial role in the consumer goods market where distinctive designs often become closely associated with a brand, such as the iconic Harpic bottle. To protect such features, companies commonly rely on design registrations, however, design protection is limited in duration to ten years, extendable by a further five years. This raises an important question: what happens once this protection expires?

It is a well-settled principle of trademark law that marks declared or recognised as well-known by the Trade Marks Registry or Courts enjoy a higher degree of protection. However, trademark owners often operate under the assumption that such protection grants blanket exclusivity across all classes of goods & services and even against remotely similar marks. The recent judgement of Madras High Court in case of The Procter and Gamble Company Vs IPI India Private Limited [O.P.(TM)Nos.48, 49 and 50…