Weekly (IP)DATE
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……
The 7–Eleven “Big Bite” Dispute: Limits of Trans-Border Reputation
When it comes to trademark rights, a common assumption among global brands is that international fame and reputation automatically guarantee protection for their mark in every jurisdiction. However, the ruling of the Madras High Court in the dispute between 7–Eleven International LLC and Ravi Foods…
No Automatic Abandonment for Delay in Filing Evidence: Madras High Court Brings Clarity to Rules 45 & 46 of the Trade Marks Rules, 2017
Recently, the Madras High Court in the case of ACE Foods Private Limited vs The Registrar of Trade Marks & Anr (CMA(TM) No. 22 of 2025), dealt with the question of whether Rule 45 and 46 of the Trade Marks Rules, 2017 are ultra vires to the powers vested under the Trade Marks Act, 1999 and held…
Can trademark law be used to extend protection over product shapes after design rights expire? The Harpic bottle dispute raises important questions
Product packaging plays a crucial role in the consumer goods market where distinctive designs often become closely associated with a brand, such as the iconic Harpic bottle. To protect such features, companies commonly rely on design registrations, however, design protection is limited in duration…