Trade Marks Act 1999

Criminal Remedies for Trademark Infringement in India

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Trademark infringement in India is conventionally understood through the lens of civil litigation injunctions, damages, accounts of profits and delivery up of infringing goods. These civil remedies are well-developed, extensively litigated and occupy the centre of trademark enforcement practice. However, the Trade Marks Act, 1999 contains a parallel and considerably less-discussed enforcement architecture that is

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Trademark issues in Franchise Agreements

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Trademark issues in franchise agreements occupy a peculiar and underappreciated intersection of commercial law and intellectual property law in India. A franchise relationship is, at its core, a contractual licence of intellectual property – most prominently, the franchisor’s trademark – in exchange for royalties, adherence to brand standards, and territorial exclusivity. Yet Indian practitioners and

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Industria De Diseno Textil, S.A. v. Registrar of Trade Marks & Anr.

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High Court of Delhi at New Delhi, Single Judge | Date of Decision: 6th July, 2026 Case Number: C.A.(COMM.IPD-TM) 52/2024, I.A. 33885/2024 Bench: Hon’ble Ms. Justice Jyoti Singh BACKGROUND The Appellant, Industria De Diseno Textil, S.A. (“Inditex”), a company incorporated under the laws of Spain in 1963 and a conglomerate of over 400 companies, is

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ADS Spirits Pvt. Ltd. v. The Registrar of Trade Marks

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High Court of Delhi at New Delhi, Single Judge | Date of Decision: 21st July, 2026 Case Number: C.A.(COMM.IPD-TM) 8/2026 and I.A. 3697/2026, Bench: Hon’ble Ms. Justice Jyoti Singh BACKGROUND The Appellant, ADS Spirits Pvt. Ltd., incorporated in 2010 and part of the ADS Group of Companies described as a fast-growing liquor conglomerate in the

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Nadeem Majid Oomerbhoy & Anr. v. Sh. Gautam Tank & Ors.

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High Court of Delhi at New Delhi, Single Judge | Date of Decision: January 9, 2026 Case Number: CS(COMM) 361/2018, with IA Nos. 49679/2024, 34537/2024 and 32689/2025 Bench: Hon’ble Mr. Justice Tejas Karia BACKGROUND The Suit was originally filed in the name of Plaintiff No. 2, acting as Court Receiver of Plaintiff No. 1 (M/s

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Blackberry Limited v. Controller of Patents and Designs

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High Court of Delhi at New Delhi | Decided: 30 April 2026 C.A.(COMM.IPD-PAT) No. 14 of 2022 Bench: Hon’ble Mr. Justice Tejas Karia Background Blackberry Limited, a corporation organised and existing under the laws of Ontario, Canada, specialising in telecommunication solutions including enterprise software and Internet of Things, filed Patent Application No. 1976/DEL/2008 on 20

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The Supreme Industries Limited v. Moorthi Rabeha

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High Court of Judicature at Bombay, Ordinary Original Civil Jurisdiction | Decided: 19 January 2026 Interim Application No. 4642 of 2025 in Commercial IP Suit No. 336 of 2024 Bench: Hon’ble Ms. Justice Sharmila U. Deshmukh Citation: 2026:BHC-OS:141 Background The Supreme Industries Limited, the plaintiff, is a company that conceived and adopted the trade mark

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Right of Publicity in India – Celebrities, Sports Personalities and the Emerging Challenge of Artificial Intelligence

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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

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The Safe Distance Rule in Indian Trademark Law – Infringement After an Injunction

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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,

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