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Tag: Trademark infringement

December 17, 2020
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Dynamic injunctions to tackle digital piracy in India

Injunctions are the first resort for parties seeking to stop websites from infringing trademarks or hosting copyright-infringing data. But injunctions do not always work the way they’re expected to in these cases. Often, the infringing content is merely moved to a different server or is re-uploaded or re-hosted on a different platform. In order to circumvent the technicalities of the internet and in order to strengthen the armoury of trademark and copyright holders to counter digital piracy, a new type of injunction has come into vogue to better enforce digital rights – dynamic injunctions. ......
October 6, 2020
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Get your game on: eSports and IP in India

The Covid-19 pandemic has rendered the traditional live sports industry across the globe practically comatose. Sporting leagues and tournaments may be gradually limping back into action, but the crowds remain largely absent, affecting revenues and growth prospects. Meanwhile, another kind of sporting entertainment has crept up on everyone. ......
September 1, 2020
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All is Fair in Trademark Wars: the Glow & Handsome...

The battle for the ownership of the trademark “Glow & Handsome” between two fast moving consumer goods (FMCG) giants continues. On 17 August 2020, Hindustan Unilever Limited (HUL) obtained an order from the Bombay High Court to temporarily restrain Emami Ltd. from using the mark “Glow & Handsome”. The Court ordered that at this early prima facie stage, it appears that HUL is ......
July 14, 2020
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Selecting the Best Remedy for Trademark Enforcement in ...

With the increasing globalization of our economy and the adoption of numerous brands and products, the possibility of parties infringing, diluting or passing off valuable brands, increase day by day. ... Indian Trademark Law provides civil, criminal, as well as administrative remedies for taking action against infringement, dilution and/ or passing off of a trademark. This note discusses the types of remedies available, and examines the best approach in different scenarios. ......
July 8, 2020
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All is Fair in Trademark Wars

The #BlackLivesMatter movement has gained traction around the world and has encouraged many corporate entities, including multinational companies (MNCs), to reassess their businesses and marketing policies for signs of discrimination, following the calls against racial inequality after the death of George Floyd in the United States. ...
June 3, 2020
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The Patentability of Tobacco-Related Inventions in Indi...

The ethics of intellectual property has always been a highly debated issue, and spans a range of issues, not least around what kind of patentable subject matter can be regarded as ethically permissible. Jurisdictions, including India, try to tackle this issue by legislating for it in the laws, and excluding inventions that may be morally questionable, but such laws are inherently subjective, and open to interpretation. This note examines the questions that have arisen around inventions related to the tobacco industry in India in this context....
May 27, 2020
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Opposition is a Hopeless Task, Acquiescence would be Wo...

Time and again, it has been held by various courts that an unreasonable delay in enforcing a legal right by a person amounts to acquiescence, which can be fatal to a case for the grant of an interim injunction. In a recent trademark case, the High Court of Delhi reiterated that the Plaintiff, being aware of the Defendant’s adoption of a similar mark, did not bother to conduct due diligence about the use of the mark; as a result of which the Plaintiff was bound to suffer the consequences of delay in seeking injunction. ...

Removal of fetters on the Arbitration process: Arbitration is not foreclosed due to pendin...

The Arbitration and Conciliation Act, 1996 was enacted to facilitate expeditious and affordable resolution of disputes pertaining to in-personam rights arising out of contractual disputes between private parties.

Timing it Right: Delhi High Court on Pre-Grant Oppositions in India

What happens when a pre-grant opposition is filed after the Controller signs a patent application to grant? This knotty question was answered by the Delhi High Court in a recent case.

Navigating Share Transfer Restrictions in Shareholders’ Agreements Part 2

In our previous Article, we explored the foundational aspects of share transfer restrictions in shareholder agreements ("SHAs"), with a focus on concepts such as tag-along rights, drag-along rights, permitted and automatic transfers, amongst others and the interplay with the Companies Act, 2013 (the "Act").

Collection of Children’s Data under the Digital Personal Data Protection Act: Not Ch...

The protection of children's personal data has and continues to present regulatory and practical challenges for lawmakers, businesses, organisations, institutions and establishments that deal with personal data ("Data Fiduciary").

When “Ok” Becomes “Not Ok”: A cautionary tale of miscommunication from the Indian Patent O...

An important step during patent prosecution in India is the hearing. As the Indian Patent Office (IPO) tends to issue only a single examination report, hearings before the Controller are common.

Navigating Share Transfer Restrictions in Shareholders’ Agreements

Transfer restrictions in shareholder agreements ("SHA(s)") have come to play a critical role in shaping deal dynamics. With India reporting a steady growth in mergers and acquisitions ("M&A"), questions of control, transfer restrictions, ownership flexibility and exit options have become crucial for investors and companies alike.

The Infringer’s Burden in Process Patent Suits in India

Indian patent law contains a unique provision that shifts the burden of proof onto the accused / infringer in process patent suits. But this applies only if certain conditions are met.

NCLT’s Jurisdiction for Fraud in Oppression and Mismanagement Petitions: The Supreme...

The role of the National Company Law Tribunal ("NCLT") as a specialised forum under company law has often led to questions around the exact scope of its jurisdiction.

Can a Trade Mark be opposed in India before it is Advertised for Opposition?

In India, the law provides for formal opposition to a trademark application only after it is advertised, but can a third party intervene even during the pre-advertisement stage?

Essential Clauses in a Contract – Force Majeure in light of Regulatory Shifts and Co...

In August 2025, Dream11, an Indian fantasy sports platform, terminated its Rs. 358 Crore sponsorship agreement with the Board of Control for Cricket in India ("BCCI").