Sound Board

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

Artificial intelligence has advanced to the point where synthesized voices are no longer only a fantastical novelty, but practical tools carrying commercial value in entertainment, news, advertising and accessibility solutions. With only a few minutes of recorded audio, today’s AI systems can construct an uncannily accurate replica of a real person’s voice. These are innovations with immense potential such as to help people who cannot speak verbally still communicate, allow for multilingual…

The Indian Trade Marks Registry has, for the first time, accepted a smell trademark for a rose-scented tyre filed by Sumitomo Rubber Industries Ltd., which is now published for advertisement. Smell marks can significantly enhance brand recall value and customer experience, acting as a strong identifier. Further, once accepted, such marks are difficult to oppose or cancel, making them a valuable long-term IP asset. If your brands use a distinctive fragrance (for products or packaging), now may…

The Supreme Court recently upheld the Bombay High Court's decision in the case of Principal Secretary, Government of Maharashtra and Anr. v. Kshipra Kamlesh Uke & Ors., involving compensation for intellectual property loss under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, (“the Act”) and its associated Rules of 1995 (“the Rules”). While the Act is primarily intended to protect victims of atrocities by offering relief in cases of death, injury, or ‘damage to…

In a landmark ruling on February 25, 2025, the Delhi High court ordered Amazon to pay a hefty Rs. 339.25 crore in compensatory damages for the sale of counterfeit Beverly Hills Polo Club (BHPC) goods on its platform. This case highlights the intersection of trademark law and e-commerce regulation, raising questions about the accountability of online marketplaces in protecting brand integrity. The Plaintiffs LifeStyle Equities C.V. and Lifestyle Licensing B, V, who are the rightful owners of the…

In a recent dispute between India’s largest airline, IndiGo, and automobile manufacturer Mahindra Electric, (Interglobe Aviation Vs Mahindra Electric Automobile Ltd, DHC - CS(COMM) 1073 / 2024) the issue surrounded the alpha numeral “6E”. For IndiGo, the 6E callsign has been an integral element of the official designator and a brand identifier for the past 18 years. IndiGo has extended the use of "6E" across various service offerings, such as 6E Prime, 6E Flex, 6E Link, and 6E Add-ons. Notably,…

The appellants, Intervet International B.V. and Microbial Chemistry Research Foundation, filed an appeal against the Deputy Controller of Patents & Designs for refusing a patent application for solvated and non-solvated crystalline forms of 20,23 dipiperidinyl-5-O-mycaminosyl-tylonolide. The invention was claimed to exhibit enhanced stability, economic significance, and technical advancements over prior art. The patent was refused under Sections 3(d) and 3(e) of the Patents Act, 1970, which…

The recent domain dispute involving jiohotstar.com has sparked a broader online discussion, highlighting a familiar narrative of “big corporation versus individual.” While some recognized the legal underpinnings of the issue, much of the debate centred on the perception that Reliance Jio should have accommodated the individual’s request. However, this situation exemplifies domain squatting—where individuals/company register internet domains containing well-known brand names or company…

Trademarks provide an advantage to businesses by distinguishing one’s product from others. However, it is common for infringers to use a similar mark in the industry and try to reap the goodwill that the initial user had secured over years. The pharma industry too faces the issue of similar marks being branded and sold. In this industry, the trademarks not only play a crucial role in distinguishing the marks but also ensures consumer safety. The recurring issue that we as trademark attorneys…

As the digital landscape evolves, the need to hold intermediaries to higher standards of accountability and duty of care has become increasingly pressing. This necessity arises from a growing trend in which intermediaries often overlook instances of infringement occurring on their platforms, to the detriment of the rights owners. With the rapid expansion of online services, intermediaries play a pivotal role and so, it is essential to implement stricter standards and practices that compel them…

While the Madrid Protocol is advantageous, it comes with its own challenges, particularly as each designated country examines the application according to its local laws. India is no exception, and navigating the country's trademark registration process can be complex. To better tackle the common objections faced by the Applicant’s during examination of their international application in India, we have put together some of the most frequent challenges and the most effective strategies to…