Enforcement & Litigation
Perspectives on enforcement & litigation across India and the subcontinent.
5 August 2019
Band Baaja Baaraat v. Jabardasth: Copying a Film's Expression Is Infringement
Yash Raj Films won its case against an unauthorised remake of 'Band Baaja Baaraat' — the court found 19 points of similarity and a lack of originality. But a six-year delay let the infringing film profit first.
3 August 2019
Amway v. Amazon: The Direct Selling Injunction, and Its Reversal
A single judge held the Direct Selling Guidelines binding, found platforms had lost safe harbour by failing due diligence, and injuncted them. The Division Bench set that aside in 2020 — which makes the appellate reasoning the part that matters.
29 July 2019
Raj Rewal: No Moral Right Against Destruction of a Building
The Hall of Nations was demolished, and its architect sued to have it rebuilt under his moral rights. The Delhi High Court held that Section 57 does not extend to total destruction — and that ordering otherwise would restrict the owner's constitutional right to their property.
29 July 2019
A Tribunal Without a Quorum: The IPAB's Final Years
The IPAB heard trademark matters in 2019 without a technical member for trademarks, on a High Court order invoking the doctrine of necessity. It had never heard a single copyright case in sixteen years, for want of an appointment.
15 July 2019
5AM Ventures: An INDRP Complaint Decided by the Footer
The respondent registered 5amventures.in, offered the same venture capital services, and claimed he had never heard of the complainant. The copyright notice at the bottom of his own website linked to 5amventures.com.
12 July 2019
India's First Dynamic Injunction: Blocking 'Hydra-Headed' Piracy Sites
When a blocked piracy site simply resurfaces under a new name, must rights holders sue afresh each time? The Delhi High Court's UTV v. 1337x.to introduced India's first 'dynamic injunction' — letting the Joint Registrar extend a block to mirror sites.
9 July 2019
Customs Recordal in India: Stopping Counterfeits at the Border
Recording your IP with Indian Customs lets officers intercept counterfeit imports and exports before they reach the market. The online recordal process on the IPR portal, the documents and information required, the suspension timelines, and how seized goods are dealt with.
1 July 2019
'Legal Fakes': When Someone Registers Your Brand First
Supreme Italia built an entire business on registering the Supreme mark in countries where the original hadn't. Samsung announced a collaboration with it by mistake. The exposure comes from first-to-file systems — and from brands that don't file where they trade.
21 June 2019
Fake Job Scam on a Look-Alike Domain: Colgate Wins an Injunction
Fraudsters registered colgatepalmoliveindia.in, posed as HR recruiters, and took 'deposits' from job seekers. The Delhi High Court injuncted them, ordered NIXI to block the domains, and directed banks to freeze the accounts — a template for tackling brand-impersonation fraud fast.
20 May 2019
Tips v. Wynk: Streaming Services Cannot Claim a Statutory Licence
Wynk's licence from Tips expired, negotiations failed, and Wynk kept the catalogue — invoking the statutory licence under Section 31D. The Bombay High Court rejected it on five grounds, including that the government circular relied on had no statutory force.
11 October 2018
Domain Name Disputes: How UDRP and INDRP Work
Someone registered a domain using your brand. How do you get it back? The three things you must prove, and the fast administrative routes — UDRP for global domains, INDRP for .in — that decide these disputes.
17 August 2018
Groundless Threats of Trademark Infringement in India (Section 142)
A threat of infringement made without legal basis — 'trademark bullying' — is itself actionable. How Section 142 lets an aggrieved party injunct the threats and claim damages, and what Bata v. Vitaflex decided.