INTRODUCTION The increasing use of function-oriented product descriptors in the cosmetics and personal care industry has intensified the tension between commercial branding practices and the distinctiveness requirement under trademark law. While descriptive expressions may effectively communicate a product's purpose or characteristics, they ordinarily remain incapable of distinguishing commercial origin and are therefore excluded from trademark protection, as granting a monop

Every ace at Wimbledon and every goal in a FIFA tournament is worth far more than the excitement it brings to fans. Behind every live sporting event lies a multi-million-dollar ecosystem of broadcasting rights, with media companies investing heavily for the privilege of exclusive live coverage. Yet, within moments of the first whistle or serve, unauthorised streams begin appearing across rogue websites, IPTV platforms and mobile applications, reaching viewers around the world

Introduction A trademark applicant and a trademark plaintiff often want opposite things from the same mark. At the counter of the Registry, the safest route to registration is to present the mark as an indivisible composite- a label, a device, a word fused to a stylized get-up and to insist examiners and opponents judge it as a whole. The applicant usually plays down the ordinary, descriptive, or common features and asks for credit on the overall impression. Yet when that reg

Introduction In today’s commercial climate, a brand is rarely just a phonetic name, it is an entire visual get-up that speaks to the subconscious before a single word is actually processed. Typography i.e., the deliberate, often extensive arrangement, is the silent engine of this recognition. Whether it is specific letter spacing or a stylized stroke, these choices are the markers of a brand's DNA. In India, protecting these intellectual property assets requires navigating

Introduction Agreed on January 27, 2026 and being hailed as the “mother of all trade deals”, the India-EU Free Trade Agreement (“FTA” or “The Agreement”) is set to thrust India into a new trading era. Welcomed as a turning point in global trade, this deal aims to connect two of the most massive economic markets in the world. It is also likely to significantly impact intellectual property rights and laws in the regions. Without disrupting India’s existing legal framework, it i

Introduction For commercial brands, the race to secure a trademark is fought on two distinct fronts: at the registry desk and in the marketplace. Recently, the Delhi High Court has spotlighted this delicate balance in its ruling in Parle Products Pvt. Ltd. v. The Registrar of Trademarks & Anr.[1], and has reinforced that the rights of a senior adopter or the prior filer shall triumph over the rights of a subsequent user’s market evidence. This judgment underscores that eve

INTRODUCTION For years, Indian businesses have quietly watched their competitors lift their brand names off the search results page. By bidding per click on a rival’s trademark, your own sponsored link surfaces the moment a customer types that rival’s name. The Delhi High Court’s decision in Hindware Ltd. v. Grohe India Pvt. Ltd.- confronts the practice directly. The Court held that selling a registered trademark as an advertising keyword is itself an infringing “use in adver

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

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

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