Insights
Practical perspectives on protecting, managing and enforcing intellectual property across India and the subcontinent.
30 January 2017
The DU Photocopy Case: Course Packs, Copyright and Education
Publishers sued over photocopied 'course packs' at Delhi University — and lost. The Delhi High Court's Division Bench held reproduction for educational instruction under Section 52(1)(i) isn't infringement, with no page limit, and the publishers ultimately withdrew.
20 January 2017
When an INDRP Arbitrator Gets It Wrong: The thoughtworks.in Award Set Aside
An arbitrator refused Thoughtworks its own .in domain, holding it hadn't proved its trademark registrations — which were annexed to the complaint — and treating six years of delay against it. The Delhi High Court set the award aside under Section 34 for non-application of mind.
Raja Pannir Selvam · 16 January 2017
Trademark Registration in the Maldives: The Cautionary-Notice System
The Maldives has no dedicated trademark statute — protection comes from publishing a cautionary notice in local newspapers. How it works for local and foreign owners, what the notice contains, re-publication for renewal, and enforcement via passing off.
Raja Pannir Selvam · 1 January 2017
Registering a Trademark in India: The Steps and What They Cost
Filing is not registration. The nine stages from choosing a mark to renewal, the official fees (₹4,500 for individuals, startups and small enterprises; ₹9,000 for everyone else, per mark per class), and why the cheapest filing quote often becomes the most expensive registration.
Navarre Roy · 14 November 2016
The Innocent Domain Squatter
A company registered five domains for a business line it later shelved. Years afterwards another company formed under one of those names, built a reputation, registered the trademark — and demanded the domain. It lost, because you cannot register in bad faith against a right that doesn't yet exist.
10 November 2016
Punitive Damages Denied: GSK Wins the Injunction, Not the Payout
GlaxoSmithKline stopped a company using 'GSK' for pharma products and won a permanent injunction — but the Delhi High Court refused punitive damages because GSK couldn't quantify its loss or the infringer's sales. A reminder that damages need evidence, not just a strong case.
4 November 2016
Confidentiality Clause or Restraint of Trade? Where Employers Overreach
Stretch a confidentiality clause to cover information already public and it stops protecting secrets — it becomes a void restraint of trade. What Stellar Information v. Rakesh Kumar teaches about drafting enforceable employee confidentiality terms.
26 October 2016
ISRA Wins Again: Singers' Right to Royalty Upheld
The Indian Singers' Rights Association won another Delhi High Court case — restraining a club from playing its members' songs without a Performers' Rights Clearance Certificate. How the 2012 amendment's inalienable Right to Receive Royalty (R3) works.
20 October 2016
No Protection for Generic Domain Names: SHAADI.COM v. SECONDSHAADI.COM
Shaadi.com couldn't stop SecondShaadi.com — because 'shaadi' (Hindi for marriage) is generic and can't be monopolised. The Bombay High Court's crisp reasoning on generic marks, TLDs, and why adopters of common words must expect some confusion.
18 October 2016
The Financial Times' Never-Ending Trademark Battle in India
For over two decades, The Financial Times Ltd and Times Publishing House fought over 'FINANCIAL TIMES' and 'FT' — across the Bangalore City Civil Court, the IPAB and the Delhi High Court. A study in the hurdles foreign brands face entering India.
14 October 2016
Same Word, Different Buyers: Why Target Customers Decide Infringement
'Just in Vogue' didn't infringe 'VOGUE' — different goods, different trade channels, different customers. The Bombay High Court's reminder that confusion depends on who the buyers are, not just the words.
13 October 2016
The DU Photocopy Case: The Appeal, and How It Ended
Publishers appealed Justice Endlaw's ruling that course packs for students were not copyright infringement, arguing it would open academic texts to wholesale copying. The Division Bench refused an injunction — and in 2017 the publishers withdrew the suit altogether.