Enforcement & Litigation
Perspectives on enforcement & litigation across India and the subcontinent.
11 June 2014
Website Analytics as Evidence of Trademark Reputation in India
Jane Norman had no stores in India but produced analytics showing over 18,000 Indian visitors to its website in a year. The Delhi High Court accepted that as evidence of spill-over reputation and granted an injunction — a position the Supreme Court later tightened.
4 June 2014
Recording Your IP with Customs in India: Stop Counterfeits at the Gate
Found counterfeits bearing your mark? If they're imported, you can stop them before they enter. How the IPR (Imported Goods) Enforcement Rules, 2007 let you record your IP with Customs, the process and documents, detention timelines, and the exceptions.
Raja Pannir Selvam · 24 March 2014
The Right to Be Heard: A Patent Refused Without a Hearing
Abraxis filed its response a day before the deadline and asked for a hearing. The Assistant Controller refused, recording that the request came late — it hadn't — then refused the patent on a ground nobody had pleaded. The IPAB called it a flagrant violation of natural justice.
Raja Pannir Selvam · 7 March 2014
Gulaab Gang: A Pre-Release Injunction Granted, Then Vacated in a Day
Sampat Pal sued over a film inspired by her pink-sari vigilante group, claiming defamation and IP violation. The Delhi High Court blocked the release on 5 March 2014. The producers appealed on the 6th, and the film opened on the 7th — with a disclaimer.
13 February 2014
Cybercrime and Domain Hosts: Where Does Liability Lie?
If someone posts defamatory or illegal content on a website, is the domain host liable? Usually not — intermediaries get safe harbour under Section 79. How to unmask an anonymous registrant, why a court order is the key, and how to get infringing content taken down.
Navarre Roy · 30 August 2013
Ex-Employees Took the Client Database: Why the Company Got an Injunction
Four employees left, set up a rival, and contacted the old firm's clients. The Delhi High Court held a compiled client database is a copyright-protected 'literary work' owned by the employer — and enjoined its use.
Raja Pannir Selvam · 25 August 2013
Justice K.N. Basha Appointed Chairman of the IPAB (2013)
A 2013 note on Justice K.N. Basha's appointment to head the Intellectual Property Appellate Board — with an update: the IPAB was abolished in 2021 and its functions moved to the High Courts.
Raja Pannir Selvam · 22 August 2013
An Order That Removed the Wrong Trademark
IPAB Order No. 156/2013 cited two application numbers in Class 29 that do not exist in that class — one is a Class 9 mark, the other a multi-class mark owned by an unrelated Danish company. The order then directed removal of the second.
24 July 2013
Someone Is Using Your Trademark: What Are Your Options?
A cease and desist notice, a negotiated settlement, or formal proceedings — the three routes, in escalating order. The one thing you cannot do is wait, because prolonged knowledge without action can be read as acquiescence.