Trademarks
Procedural neglect at the Indian Trade Marks Office results in trademark cancellation
Trademark owners often assume that once a mark is registered, the hardest part is over. In India, that assumption can be dangerously misleading. A recent judgment of the Madras High Court demonstrates how procedural neglect both by applicants and by the Trademarks Office (TMO) can result in the…
3D shape marks can now attain ‘Well-known’ status in India: Does your brand qualify for the enhanced protection?
The recent Delhi High Court ruling by Justice Tejas Karia in Hermes International & Anr. vs Macky Lifestyle Private Limited & Anr (Cs(Comm) 716/2021 & I.A. 17569/2021) granting well-known trademark status to the 3D shape of Birkin bags marks a significant development in Indian trademark…
India Accepts Its First Smell Mark – Can Your Brand Register One?
We bring to you a recent significant development in Indian trademark law, which may be helpful to enhance protection for your brands in India. 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…
Maldives Enacts Modern Trademark Regime: What Rights Holders Need to Know About the New Trademarks Act
The Maldives has taken a major step toward strengthening its intellectual-property framework with the introduction of the Trademarks Act (Law No. 2/2019, implemented in 2025) (“The Act”). For the first time, the country will operate a comprehensive, statutory trademark registration system,…
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…