intellectual property
Well-Known Trademarks Are Not Absolute: Key Takeaways from the Vicks Judgment
It is a well-settled principle of trademark law that marks declared or recognised as well-known by the Trade Marks Registry or Courts enjoy a higher degree of protection. However, trademark owners often operate under the assumption that such protection grants blanket exclusivity across all classes…
India’s Proposed Changes to Design Law: What You Should Know
India is considering major amendments to its design law under the Designs Act, 2000. These changes reflect India’s attempt to modernise its legal framework, address digital innovation, and align with international design systems. For applicants & IP lawyers, these reforms will directly impact…
3D shape marks can now attain ‘Well-known’ status in India: Does your brand qualify for the enhanced protection?
The recent Delhi High Court ruling by Justice Tejas Karia in Hermes International & Anr. vs Macky Lifestyle Private Limited & Anr (Cs(Comm) 716/2021 & I.A. 17569/2021) granting well-known trademark status to the 3D shape of Birkin bags marks a significant development in Indian trademark…
India Accepts Its First Smell Mark – Can Your Brand Register One?
We bring to you a recent significant development in Indian trademark law, which may be helpful to enhance protection for your brands in India. The Indian Trade Marks Registry has, for the first time, accepted a smell trademark for a rose-scented tyre filed by Sumitomo Rubber Industries Ltd., which…
Maldives Enacts Modern Trademark Regime: What Rights Holders Need to Know About the New Trademarks Act
The Maldives has taken a major step toward strengthening its intellectual-property framework with the introduction of the Trademarks Act (Law No. 2/2019, implemented in 2025) (“The Act”). For the first time, the country will operate a comprehensive, statutory trademark registration system,…
Intellectual Property and Caste-Based Atrocities
Introduction: The Supreme Court recently upheld the Bombay High Court's decision in the case of Principal Secretary, Government of Maharashtra and Anr. v. Kshipra Kamlesh Uke & Ors., involving compensation for intellectual property loss under the Scheduled Castes and Scheduled Tribes…
Delhi High Court Orders Amazon to Pay Rs. 339 Crore Damages: A Wake-Up Call for E-Commerce Giants on Counterfeit Goods
In a landmark ruling on February 25, 2025, the Delhi High court ordered Amazon to pay a hefty Rs. 339.25 crore in compensatory damages for the sale of counterfeit Beverly Hills Polo Club (BHPC) goods on its platform. This case highlights the intersection of trademark law and e-commerce regulation,…
Madrid Applications: The Effective way to overcome objections by Indian TMO
In today's globalized world, transborder reputation and the growing international presence of companies are undeniable realities. Intellectual property (IP) has become a critical aspect of business strategy, especially with the rise in counterfeit goods and bad-faith trademark registrations in…
Want to Remix a Song? Make sure not to get tangled with IP Infringement
In this era of Millennials and Gen Z, Spotify and other music apps seems to be the go-to platform, with everyone tuning in to music. From vibing to popular tracks to setting the trends on Instagram reels, music has been intertwined into everyone’s life so much that even common people are involved…
The Force Awakens - CGPDTM's Recent actions on contractual staffs in Trade mark office
The Office of the Controller General of Patents, Designs, and Trade Marks (CGPDTM) is now grappling with a significant challenge following a judgment passed by the Calcutta High Court in the case of Visa International Ltd vs. Visa International Service. The judgment has cast doubt on the legality…