Sound Board

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

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 Maldives has taken a major step toward strengthening its intellectual-property framework with the introduction of the Trademarks Act. For the first time, the country will operate a comprehensive, statutory trademark registration system, replacing the reliance on cautionary notices and unregistered-rights principles. For businesses operating in or entering the Maldives, the Act significantly enhances the certainty, enforceability, and clarity of trademark rights. Below is an overview of the…

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 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…

The petitioner had opposed the trademark applications of Respondent No. 2 for the mark “Travel Fox,” alleging its similarity to Coaster Shoes' own registered mark, TRAVEL FOX. Despite filing the notice of opposition and following due process, the petitioner claimed that the counter statement from the respondent was never served on them, though a copy of the same was uploaded on the website of the Registrar of Trade Marks.

The petitioner, M/s. Tiger Food Ingredients (P) Ltd. (formerly M/s. Manju Chemicals Private Ltd.), filed a writ petition seeking a mandamus to direct the Registrar of Trade Marks to consider their name change application (Form TM-P) dated June 5, 2024. The company's name was changed following a certificate of incorporation issued by the Ministry of Corporate Affairs on January 31, 2024. The name change application was not acted upon by the Trade Marks Registry, prompting the petitioner to…