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Drawing the Line at the Border: Trademark Exhaustion, Prior Use, and the Role of Intermediaries
The recent case of Products & Ideas v. Nilkamal Ltd. & Ors.[1], addresses the issues that lie at the convergence of parallel imports, territoriality, and the obligation of intermediaries in international supply chains, all of which remain central to ongoing debates in intellectual property law. Background and Facts The Appellant, Products & Ideas, in 2017, entered into an Exclusive Agency Agreement (EAA) with Stella Industrial Co. Ltd. (SIC), a Chinese entity that owned the

Vrinda Harmilapi
May 20


Beyond Design Expiry: The Survival of Shape Trademarks in Reckitt Benckiser v. Godrej
Introduction With the growth of modern marketing and branding, trademarks are no longer limited to names and logos. Today, the shape, packaging, colors, and overall appearance of a product also play an important role in helping consumers identify a brand. In the fast-moving consumer goods (FMCG) sector especially, customers often recognize products through their packaging without carefully reading the label. This has created a legal conflict between design law, which grants

Pari Malhotra
May 15


Ctrl+C Meets AI: Is Section 52 of the Copyright Act, 1957 Ready for Machine Learning?
Introduction Generative AI is a type of AI that generates content such as images, videos, texts, code, etc by analysing and learning the patterns of the existing data. While technology promises significant innovation across industries, it also raises profound legal questions such as what role does Copyright Law play with respect to Gen AI? Since, AI is using pre-existing data to generate fresh content, does it not constitute copyright infringement? Therefore, how does the exi

Soumya Juneja
May 14
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