Trademarks
Intellectual Property and Caste-Based Atrocities
Introduction: 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…
Delhi High Court Orders Amazon to Pay Rs. 339 Crore Damages: A Wake-Up Call for E-Commerce Giants on Counterfeit Goods
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,…
Trademark turbulence: Interglobe Aviation Vs Mahindra Electric Automobile Ltd
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 Jiohotstar Domain saga
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…
Coexistence of Similar Pharmaceutical Names: An Analysis of Judicial Interpretation
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…
The Evolving Liability of Domain Name Registrars: Snapdeal Private Limited v. Godaddycom LLC and Ors.
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…
Court orders revival of opposition abandoned for not filing evidence in support on time when Counter Statement was not served
The petitioner, Coaster Shoes Company Pvt. Ltd., filed a writ petition seeking the quashing of an order passed by the Registrar of Trade Marks in October 2022, which abandoned their trademark opposition. The petitioner had opposed the trademark applications of Respondent No. 2 for the mark “Travel…
Swift action on trademark name changes: Court directs Trademark Office to expedite applications
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…
Analysis of Jan Vishwas (Amendment of Provisions) Act, 2023 – An IPR Perspective
The Jan Vishwas (Amendment of Provisions) Act, 2023 which came into effect recently on August 1, 2024 has garnered significant attention across the country. The Act, having brought amendments to various Acts of our legislation, including those related to Intellectual Property (IP) and media laws…
Deemed Protection under Indian Trademark law and the Madrid Protocol
In today’s age, brand protection is of utmost importance. Now more than ever, people recognize the value of protecting their brands even beyond the jurisdiction of their home country. While the process of securing trademark protection across multiple countries can appear onerous, the Madrid…