In-depth analytical articles on Indian Trademark law including prosecution,enforcement, statutory interpretation and case developments.
The right of publicity is the legal right of an individual to control the commercial use of their identity their name, image, likeness, voice, signature and other recognizable attributes of their persona. It is a right that sits at the intersection of intellectual property law, personality rights and the law of torts and its significance […]
When a court of competent jurisdiction grants an injunction restraining a defendant from using a particular trademark, the natural expectation is that compliance is straightforward the defendant ceases the infringing use and the dispute, at least at the interlocutory stage, is resolved. In practice, however, defendants frequently do not simply stop. They modify the mark,
The Safe Distance Rule in Indian Trademark Law – Infringement After an Injunction Read More »
Every time a consumer types a brand name into a search engine, they are doing something instinctive and commercially significant: they are expressing brand preference. The search query “Hindware sanitaryware” or “MakeMyTrip flights” or “Agarwal Packers and Movers” is not a neutral information request it is a declaration of where the consumer intends to spend
Trademark law, in its conventional form, operates on a straightforward premise: a single proprietor owns a mark and uses it to distinguish their goods or services from those of others. The legal rights that follow from registration are personal, exclusive and commercially exploitable by that proprietor alone. Yet commerce is not always organised on this
Collective Marks and Certification Marks under Indian Trademark Law Read More »
The protection of luxury brands presents trademark law with some of its most commercially significant and doctrinally demanding challenges. Luxury goods defined not merely by their price point but by the combination of heritage, craftsmanship, exclusivity, and aspirational identity that constitutes their essential commercial character depend on their trademarks in a manner qualitatively different from
Luxury Brand Protection and Trademark Enforcement in India Read More »
The commercial internet has created a new kind of marketplace one that is frictionless, borderless, available at every hour and dominated by algorithms that decide what you see before you have even articulated what you are looking for. In this environment, a brand’s trademark performs more work than it ever did in a physical market.
Trademark Issues in E-Commerce: Keyword Advertising and Marketplaces Read More »
A trademark is, in commercial terms, the face of a business. It is the element that consumers reach for when they navigate a crowded market the word, symbol, logo, shape, or combination that tells them who made the goods or provided the service they are about to buy. The legal protection of that commercial identity
Comparative advertising the practice by which a trader promotes their own goods or services by making explicit or implicit reference to the goods or services of an identifiable competitor occupies a uniquely contested position at the intersection of trademark law, consumer protection and commercial free speech. It is a practice that serves genuine consumer interests
The emergence of the internet as the dominant medium of global commerce has generated a body of legal problems that the architects of modern intellectual property law could not have anticipated. Among the most significant and most commercially damaging of these problems is the phenomenon of cybersquatting the opportunistic registration of internet domain names that
Domain Names as Trademarks – Cybersquatting and UDRP in India Read More »
Trademark law, in its traditional formulation, is concerned primarily with consumer confusion the risk that the use of a similar mark will mislead consumers about the commercial origin of goods or services. The likelihood of confusion standard, which pervades the examination of relative grounds under Section 11, the infringement enquiry under Section 29 and the
Trademark Dilution in India – Blurring and Tarnishment Read More »