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BRANDING BY SOUND: A COMPARATIVE STUDY OF SOUND TRADEMARK PROTECTION IN INDIA, EU, AND THE USA
INTRODUCTION With the recent buzz surrounding the Indian Hotels Company Limited’s (IHCL) registration of a sound mark for its well-known brand “Taj” , sound trademarks have yet again become a trending headline among the public. While this registration may mark a first for the Indian hospitality industry, sound trademarks themselves are far from novel. A brand is typically known by its name and logo, but to leave an impact on the consumer, a brand must also incorporate other f

Vrinda Harmilapi & Soumya Juneja
Feb 4


Blooming Confusion: Passing Off Claim Fails to Flower
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

Vrinda Harmilapi
Jan 30


Transient and Contextual Distinctiveness in the Age of Viral Branding
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

Alisha Rastogi
Jan 29


Dead Today, Filed Tomorrow: Understanding “Dead” Trademarks
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

Vrinda Harmilapi
Jan 29


THE FINE PRINT: HOW TRADEMARK LAW REWRITES PUBLIC HEALTH NARRATIVES
INTRODUCTION Public health and trademark law intersect in cardinal ways because both are ultimately concerned with protecting consumers, one through safeguarding health, the other through preventing confusion or deception in the marketplace. The Indian pharmaceutical market is overcrowded with various ‘sound-alike’ and ‘look-alike’ (LASA) [1] drug names. Not only do these medicines circulate freely in commerce but also co-exist with other such trademarks on the Trade Marks R

Soumya Juneja
Dec 29, 2025


LUXURY ON TRIAL: HERMÈS’ SUCCESSFUL QUEST TO PROTECT ITS ICONIC IDENTITY
INTRODUCTION The judgment rendered in the case of Hermès International & Anr. v. Macky Lifestyle Pvt. Ltd. (CS(COMM) 716/2021 [1] , decided on 24 November 2025, marks a significant stepping-stone in Indian trademark jurisprudence, not just for the well-recognised luxury brands in India but also for non-traditional trademarks like shape marks. The Court not only evaluated the infringement of the Hermès iconic Birkin 3D design but also examined the claim put forward by Hermès

Soumya Juneja
Dec 12, 2025


Nepal: Urgent Action Required – Deadlines for Pending Trademark Applications
We wish to inform you of a public notice issued by the Department of Industry (DOI), Government of Nepal, dated 1 December 2025 . This notice follows the earlier DOI notice of 19 August 2025 and its subsequent suspension on 24 September 2025, and clarifies the position in relation to pending and incomplete trademark applications as well as applications that have been accepted and published without opposition. The notice was issued in response to a nationwide incident of arson

Ms. Sonal Madan
Dec 11, 2025


India’s Digital Personal Data Protection Rules, 2025 Notified
India has officially released the Digital Personal Data Protection (DPDP) Rules and constituted the Data Protection Board of India on November 14, 2025, marking the full operational rollout of the country’s new privacy regime. These developments now make compliance mandatory for every organization handling personal data of Indian citizens, irrespective of whether the company is based in India or abroad. This applies broadly to companies that: Serve Indian customers or users.

Ankita Sabharwal
Dec 11, 2025


LEGAL PROTECTION OF USER INTERFACE AND USER EXPERIENCE DESIGN: COMPARING TRADE DRESS, COPYRIGHT, AND DESIGN PROTECTION
INTRODUCTION Every company needs an online presence and a platform to advertise their achievements and what they can offer to their target audience. This is done through a personalised website that has the UI/UX design that represents the ethics and work culture of the Company. The software’s UI/UX is its soul, it’s what makes the product intuitive, memorable, and successful. “UX Design” known as “User Experience Design” studies how the users interact with a specific service

Soumya Juneja
Dec 10, 2025


Maldives Adopts First Comprehensive Trademark Legislation: 12-Month Transition Period for Brand Owners
On 11 November 2025, the President of the Maldives, Dr. Mohamed Muizzu, ratified the Trademark Bill. Following ratification, the Trademark Act (Law No. 19/2025) was published in the Government Gazette. It will enter into force 12 months from the date of publication, i.e., on 11 November 2026 , with a further 12‑month period thereafter for existing owners to re‑register their marks. This marks the introduction of the country’s first comprehensive, registration‑based system of

Sonal Madan
Dec 4, 2025
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