INTRODUCTION You do not need to see a brand name to recognize the triangular peaks of a Toblerone bar, nor do you need a logo to identify the iconic spherical gold foil and pleated paper cup of a Ferrero Rocher. But how does a brand legally monopolize a physical shape
INTRODUCTION As Holi brings India alive with a riot of colours, it’s a good time to think about how colours matter beyond just festivals. In business, colours can be a powerful way to identify a brand. Many companies rely on logos, names, or slogans to stand out, but the colours
INTRODUCTION The objective of trademark law is to preserve the identification of brands, prevent customer misunderstandings, and maintain the goodwill that companies have developed. The Trade Marks Act, 1999, is the main piece of legislation controlling trademarks in India. This act gives owners the right to use their registered trademarks
INTRODUCTION The case of Parle Products (P) Ltd Vs. J.P. & Co. (1972 AIR 1359, 1972 SCR (3) 289, AIR 1972 SUPREME COURT 1359) is a leading case on trademark infringement which was decided by the Supreme Court of India in 1972. It is a case based on the Indian
An in-depth analysis of Leayan Global v. Bata India Ltd (2025) examining protection of suggestive trademarks, dominant mark theory, initial interest confusion, and trademark infringement under Indian law.
Calcutta High Court restrains Shimla Drugs from selling Liv.72 for being deceptively similar to Himalaya’s Liv.52, reinforcing trademark protection, trade dress rights, and consumer safety under Indian trademark law.
Introduction “Champak” — a name most of us grew up seeing on colorful magazine covers- has now also been used as the name of an AI-powered robotic dog with a camera introduced by the BCCI during IPL 2025, which led to a legal dispute between the publisher of the magazine
INTRODUCTION The protection of intellectual property rights, particularly in the fashion industry, has become increasingly significant in an era of global brand recognition and market expansion. One of the landmark disputes in this domain involves the internationally renowned brand Lacoste, known for its iconic crocodile logo, and Crocodile International Pte
In Vishesh Films Private Limited v. Super Cassettes Industries Limited (CS(COMM) 68/2024), Vishesh Films sought an injunction against Super Cassettes Industries (T-Series), alleging violation of intellectual property rights related to the famous “Aashiqui” film franchise. Here’s a breakdown of the case: Background: The plaintiff, Vishesh Films, claimed proprietary rights over
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