In the decision of Suparshva Swabs India V. Agn International & Ors [1] , the Delhi High Court reaffirmed that in a passing off suit, the foundation lies in the recognition of a Plaintiff’s goodwill and reputation, and not merely in longevity or duration of use of a mark.   FACTS AND CONTENTIONS The Plaintiff, Suparshva Swabs India, is a manufacturer of cotton buds, cotton balls, and related cosmetic, toiletry, and hygiene products.  The Plaintiff holds multiple registrations

Introduction   The timeline of creation, distribution and consumption of a brand has profoundly evolved by digital transformation of markets. In an era of virality, consumer recognition is frequently generated through short but intense bursts of visibility, often fueled by the social media platforms, influencer marketing as well as algorithmic amplification instead of the traditional model of consistent and incremental use of a brand. Today, hashtags, keywords and other uncon

When Reliance Industries Limited acquired Campa Cola, it did not just bring back the nostalgic beverage into the market but also revived a dead trademark. In today’s brand-driven economy, trademarks have become one of the most valuable business assets. Yet, merely registering or renewing a trademark is not enough to keep it legally “alive”. A trademark, for reasons discussed in this article, can become dead. While these terms do not appear in the Trade Marks Act, 1999, they h