Trade Marks Act 1999

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 […]

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

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.

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