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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


Owning the dupe culture: The evolving practice in trademark registration
Introduction Lululemon Athletica Inc. (hereafter “Lululemon”) has taken an unusual yet strategic step by registering the mark " LULULEMON DUPE " in the United States, which covers retail and advertising services related to clothes, footwear, yoga, and athletic accessories. [1] This registrational move comes at a time when “dupe culture” is a trend. This article examines what these kinds of registrations reveal about evolving brand-protection strategies and their potential

Vrinda Harmilapi
Nov 26, 2025


Deepfakes, Identity, Persona and the Indian Legal Frontier
Now algorithms can create cloned faces, identical voices, and even have capabilities of manipulating human values. Owing to Intelligent machines or Artificial Intelligence (AI), we are in an era where nothing is impossible. The bigger question, therefore, is not what AI can do, but what it should be allowed to do. Courts in India are quickly rewriting the rules of identity and authenticity; however, the sufficiency of the same remains moot. Rethinking Identity The rise of i

Gopal Trivedi
Nov 18, 2025


WHEN GIANTS CONFUSE THE PUBLIC: NAVIGATING THE LAW OF REVERSE CONFUSION
Trademark law usually protects against forward confusion—where consumers mistakenly believe that a smaller player’s goods come from, or are connected to, a bigger brand. But sometimes the reverse happens: a large, well-funded company launches a product under a name already used by a smaller player. Flooded by the junior user’s massive advertising, consumers begin to associate the senior user’s goods with the larger brand. This is the essence of reverse confusion. In India, wh

Neetika Gandhi
Nov 17, 2025


Navigating Urgency and Mediation: The Supreme Court Clarifies Procedure for IP Injunctions
The Hon’ble Supreme Court, in its recent decision in Novenco Building and Industry A/S v. Xero Energy Engineering Solutions Pvt. Ltd. , 2025 SCC OnLine SC 2278, has provided significant guidance on the interpretation and application of the mandatory pre-litigation mediation requirement under Section 12A of the Commercial Courts Act, 2015 (“the Act”) in the context of intellectual property disputes involving prayers for urgent interim relief. In this landmark judgment, the Hon

Sharabh Shrivastava & Taaniyaa Dograa
Nov 13, 2025
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