Intellectual Property Rights
Is prior formal declaration of well-known status required for cross-class protection? Delhi High Court clarifies
It is a well-established principle of trademark law that well-known trademarks may enjoy broader protection beyond the goods and services for which they are registered, including against identical or deceptively similar marks used in respect of dissimilar goods or services. Section 11(2) of the…
Forest Essentials vs Baby Forest: Scope of Protection for Common Elements in Composite Marks
In Trademark law, determining the extent of protection afforded to composite marks, particularly those containing common or descriptive elements, remains a recurring challenge. This issue was recently considered by the Delhi High Court in an appeal decided by Justice Navin Chawla against an order…
Successive Interim Injunction Applications in Trademark Litigation: Insights from Imagine Marketing Pvt. Ltd. v. Exotic Mile
Interim injunctions are an important feature of trademark litigation, often determining whether the alleged infringing mark can continue to be used during the pendency of a suit. In Imagine Marketing Pvt. Ltd. v. Exotic Mile (I.A. 25986/2025 in CS(COMM) 519/2019), the Delhi High Court was not…
Can the use of a registered trademark be justified if it is used only in a descriptive sense? Karnataka High Court clarifies in Tulasi vs Tulsi dispute
This question recently came before the Karnataka High Court in M/s. Jallan Enterprises v. M/s. Sarathi International Inc (Miscellaneous First Appeal No.5183 Of 2025 C/W Miscellaneous First Appeal No.5220 Of 2025), where the Court examined whether the use of the word “TULSI” on agarbatti packaging…
The ‘WHISTLER’ Case: Reinforcing the Territoriality Principle in Transborder Reputation Claims
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…
Songs are publicly available but not free to use: Zee vs Nykaa Dispute
Social media has transformed the way in which brands connect with consumers. Through platforms like Instagram, brands promote their products through their own accounts as well as through collaborations with social media influencers. In creating content for posts, reels, and other interactive…
The Supreme Court Resolves the Section 15(2) of the Copyright Act, 1957 Conundrum: Insights from Cryogas Equipment Pvt. Ltd. v. Inox India Ltd.
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…
Vodafone Idea Ltd. v. IPRS: Calcutta High Court reaffirms the royalty rights of Authors of Literary and Musical Works
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…
Delhi High Court clarifies: When both marks are proposed to be used, the first to file wins
Recently, the Delhi High Court in Parle Products Private Limited vs The Registrar of Trade Marks & Anr, C.A.(COMM.IPD-TM) 49/2025 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……
Madrid Protocol and India: Pitfalls, Provisional Refusals, and How to Respond
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…
