Enforcement & Litigation
Perspectives on enforcement & litigation across India and the subcontinent.
Keerthana K · 12 July 2024
Someone Registered Your Brand First: What You Can Do
A provisional refusal arrives because an identical mark is already registered — and the holder turns out to own fifteen marks belonging to foreign brands that haven't entered India yet. Four routes out, in order of cost, and why monitoring beats all of them.
Adlin Mini M · 2 July 2024
Defending Your Brand: Social Media and E-Commerce Takedown Requests
Before you litigate, you can act fast. How to use takedown request forms on Facebook, Instagram and Amazon/Flipkart to remove infringing pages and counterfeit listings — the evidence to gather, and what each platform's process looks like.
Shehnaz Latheef · 27 June 2024
The 'Average Consumer' in the Digital Age: Forest Essentials v. Baby Forest
A Delhi High Court judge refused Forest Essentials an injunction over 'Baby Forest', holding that 'Forest' can't be monopolised — and that today's better-informed consumer isn't fooled by fleeting, transient confusion.
Rohit Magesh · 24 June 2024
Refurbished Goods and Trademarks: The Rules for Reselling in India
Can you resell refurbished branded goods after stripping the original label? An Indian court said removing the mark forfeits the 'exhaustion' defence — and laid down clear guidelines refurbishers must follow.
Karishma Sree · 8 September 2023
Well-Known Trademarks in India: What They Are and How to Apply
A well-known trademark is protected across all goods and services in India — not just the ones it is registered for. What qualifies a mark, the two routes to recognition, and how to apply under Rule 124.
29 August 2023
Keywords as Trademark Use: Google LLC v. DRS Logistics
The Delhi High Court held that selling a registered mark as an advertising keyword is 'use' under Section 29(6), and that Google cannot claim intermediary safe harbour for a programme it actively runs. But use alone isn't enough — confusion still has to be shown.
Advika Muralidharan · 12 August 2023
A Judicial Lens on India's IP Reality: Cut-Paste Orders and Delay
Blank orders, 'mechanical cut-paste' patent refusals, irrelevant prior art, near-expired patents — a run of Delhi High Court rulings has laid bare how unreasoned IPO/TMO decisions harm innovators. A survey of the cases, and the transparency reforms they demand.
Raja Pannir Selvam · 28 July 2023
Two Registered Marks: No Infringement Suit, but Passing Off Survives (Kerala HC)
When both parties own registered trademarks, one cannot sue the other for infringement — but a passing-off action remains open. The Kerala High Court's Chandrika v. Chandra ruling, and why Wipro still lost.
Ramani KS · 27 July 2023
No Royalties for Music at Weddings: The DPIIT Public Notice
Section 52(1)(za) exempts performance of musical works during religious ceremonies — and expressly includes marriage processions and associated social festivities. DPIIT directed copyright societies to stop collecting royalties for them.
Ramani KS · 26 July 2023
Selling 'Testers' as Products: The Calvin Klein Trademark Case
Fragrance testers are for sampling, not sale. When online sellers passed Calvin Klein testers off as genuine products, the Delhi High Court found trademark infringement and unfair trade practice — awarding costs and an injunction. What brand owners should learn.
Raja Pannir Selvam · 6 April 2023
Madras High Court's IP Division: A Specialised Forum for IP Disputes
After the IPAB's abolition in 2021, IP cases moved to the High Courts — and the Madras High Court set up a dedicated Intellectual Property Division. What the 2022 IPD Rules cover, the wide sweep of matters they govern, and why a specialised forum matters.
Rohit Magesh · 21 December 2022
India Is Losing Its Rank in the 'Ease of Piracy' — and That's Good
Software piracy was once almost frictionless in India. Not any more: a run of Delhi High Court judgments — ₹20 lakh against one infringer, ₹30 lakh against another — signals courts are done being lenient. Why businesses should switch to licensed or open-source software now.