Enforcement & Litigation
Perspectives on enforcement & litigation across India and the subcontinent.
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.
3 October 2016
The IPAB's Deputy Registrar Court
In 2016 the IPAB constituted a Deputy Registrar Court to clear the administrative work clogging its docket — defects, abandonments, counterstatements and extensions — so that benches could hear substantive appeals. A record of how the tribunal worked before it was abolished.
23 September 2016
Is Watching a Pirated Film a Crime in India? What the Court Actually Said
The Bombay High Court clarified that merely viewing a blocked, pirated film is not itself an offence — infringing or abetting infringement is. What the ISP warning got wrong, and why 'not illegal' isn't the same as 'fine'.
22 July 2016
Why Copyright Registration Matters Even Though It Isn't Mandatory
Copyright vests the moment a work is created — the Berne Convention forbids registration as a condition of protection. But registration is prima facie evidence in an infringement suit, and for production houses skipping it to save costs, a pre-release leak makes that saving look very small.
8 July 2016
You Own the Whole Mark, Not Its Parts: Section 17 and Composite Trademarks
Registering a composite trademark gives you rights in the mark as a whole — not in each word inside it. Why 'UltraTech' couldn't stop 'Dalmia Ultra', and how to protect a key element.
11 March 2016
When an Injunction Isn't Enough: Enforcing It Against a Defiant Infringer
You won the injunction — and the infringer ignored it. Indian law arms you with attachment of property, civil detention and contempt of court. The tools that put teeth behind an order.
Madhuram Mohan · 9 March 2016
Software Piracy Raids on Startups: Know Your Rights
A call questioning your software licences, or an audit team at your door — anti-piracy raids target startups. What the law actually allows, why you can demand a court order, and how to protect yourself.
1 March 2016
Trademark Squatting: Is India a Safe Haven?
IKEA lost its mark in Indonesia to a company with a conveniently matching acronym, after three years of non-use. Burger King faced a domestic chain in India challenging a 1979 registration. The pattern is consistent — and India's law is less permissive than it looks.
27 January 2016
Where Can You Sue? 'Carrying On Business' Under Section 134(2)
BookMyShow sued in Delhi, where it had no office of any kind, arguing its customers there meant it carried on business there. The court returned the plaint — for a company, 'carries on business' requires a registered, principal or branch office.
Navarre Roy · 7 September 2015
Filing an IP Suit in Delhi Got 10x Pricier: The 2015 Jurisdiction Change
The Delhi High Court (Amendment) Act, 2015 raised the court's pecuniary jurisdiction from ₹20 lakh to ₹2 crore — pushing IP suits toward less IP-experienced district courts, or a tenfold court fee to stay in the High Court. What changed, and why it mattered for IP owners.
4 September 2015
Bata v. Vitaflex: An Injunction Against Groundless Threats
Vitaflex threatened Bata with trademark and patent infringement over an insole design — but couldn't prove it held those rights. The Delhi High Court injuncted the threats, a reminder that only a genuine rights holder can safely send a cease-and-desist.