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June 29, 2023

APPLE: HAVE THEY BITTEN OFF MORE THAN THEY CAN CHEW?

Apple Inc. ("Apple") is taking on apples everywhere in a truly bizarre trademark battle. Apple has now initiated proceedings in order to secure proprietary rights to the image of apples, the fruit, in Switzerland. Arguably, Apple has now become synonymous with phones, laptops, and with the image of an apple with a bite taken out. ......
February 12, 2021
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The War of the Soaps on a pH Scale: HUL vs Sebamed

In an advertisement war against consumer goods major Hindustan Unilever Limited (HUL), a competing company, USV Private Limited, has dragged the former’s well-known brands Lux, Pears, Dove and Rin in an “open pH challenge”. USV’s advertising strategy has shaken up India’s affordable soap market that was otherwise confidently relying on lucrative advertisements by movie stars without any reference to scientific data. ......
July 30, 2018
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India SEP Litigation Update – Warning to implemen...

The first post trial SEP case, involving both patent and competition laws, has given SEP holders some relief. The Philips case involving its patents relating to DVD video players, offered an interesting and relevant platform for jurisprudence on cutting edge patent and anti-trust issues such as essentiality, standard setting, and exhaustion. This article discusses the facts of the case and the various reasons why the decision of the Delhi High Court is far from satisfactory and is likely to cause some heartburn to implementors....

India’s New Deepfake Regulation: MeitY Notifies Amendments to Information Technology...

On February 10, 2026, the Ministry of Electronics and Information Technology ("MeitY") notified the Information Technology (Intermediary Guidelines and Digital Media Ethics ...

The Registrar’s “Undo” Button: The Lambretta case and Section 19 of India’s Trademark Act

Trademark disputes rarely move in straight lines. Sometimes, well before a mark becomes opposition-worthy, disputes around ownership may emerge.

Data Protection as a Closing Condition: Rethinking Risk Allocation in Indian Tech Deals

Data protection has historically been considered a compliance issue during transactions, which is generally identified during diligence and only tackled after closing ...

Limits of Claim Construction: Preamble vs. Characterising Clauses in Indian Patent Dispute...

Claim construction is an important aspect of infringement analysis. In several jurisdictions, such as the United Kingdom, Germany, and the European Union...

Urgency in IP Suits: No more Pre-Institution Mediation Hurdles in India?

In a jurisdiction beset by large volumes of litigation, litigating parties must naturally be encouraged to explore alternate means of dispute resolution.

The 2026 NICE Refresh: Codifying AI Services in Class 42 and implications for AI businesse...

The 13th edition of the Nice Classification (referred to as NCL 13-2026) came into effect on 1 January 2026. We have already provided an overview of the changes in the new edition ...

When the Internet Refuses to Move On: Media Reporting, Discharge and Dignity

In the case of IE Online Media Services Private Limited v. Nitin Bhatnagar and Ors. , the High Court of Delhi ("High Court") upheld an interim injunction directing restraint on...

A Reset of India’s Export Import Rules

To promote ease of doing business in cross-border trade through simplified procedures and reduced compliance burdens, the Reserve Bank of India ("RBI"), on January 16...

The Judicial Stance on Contractual Bars and Pendente Lite Interest in Arbitration

In the realm of commercial disputes, debates pertaining to awarding of interest remains constant. For every business that deals with contracts, clauses pertaining to...

Defining Patent Ownership in India: Employment Contracts as Valid Proof of Right

In India, a patent application can be filed not just by the true and first inventor, but also by the assignee of an inventor. This is provided for under Section 6 of the Indian Patents Act...