NOT EVERY WHISKY IS SCOTCH
Protection of International GI tags in India Case name: Scotch Whisky Assn. v. Golden Bottling Ltd Citation: Scotch Whisky Assn. v. Golden Bottling Ltd., 2006 SCC OnLine Del 439 Court/Jurisdiction: Delhi High Court Coram: J. Madan B Lokur Abstract While buying a bottle of liquor or any non-alcoholic drink, any herb, food product, a furniture […]
Trademarks and Rhythm of Life
Abstract In this fast-growing economy, changes are necessary and natural; new inventions and discoveries have replaced the old ones. Trademarks play an important role in the growth of multinational and other billion-dollar entities. Trademarks protect the uniqueness of an entity’s logos, designs, etc., from being stolen or used by others. But what are the facts behind trademarks and advertising, and how does it work? This blog explores how […]
NAVIGATING THE METAVERSE
TRADEMARK PROTECTION FOR DIGITAL ASSETS AND NFTS Abstract The rapid monetisation of the metaverse has led to a more pressing and unresolved conflict between the structural realitiebetweenecentralised digital commerce and the well-established trademark ideology. According to the Comment, judicial adaptation has so far yielded practical, case-specific outcomes, but a reactive doctrinal approach will be fundamentally […]
CAN AI-GENERATED LOGOS BE TRADEMARKED? INDIA’S LEGAL SILENCE
Abstract When you use Midjourney or DALL-E you can get a nice brand logo in just a few seconds. A lot of startups and entrepreneurs in India are using these logos. Trying to get them trademarked. The problem is that the Trade Marks Act from 1999 which is the law that deals with trademarks in […]
Is India Being Too Conservative in Recognising Non-Traditional Trademarks?
Abstract Non-traditional trademarks are unique and quite different from traditional trademarks. With the rise of technology and AI, brands aim to provide consumers with a deep, enriched, and fulfilling experience with every product or service. To protect this experience or “brand feel”, there is a need to protect non-traditional trademarks that promise to provide such […]
Trademarks, Corporate Names and the Fiction of Coexistence
Abstract Corporate names and trademarks are often treated as operating in parallel domains. Yet, in practice, the same sign frequently performs both functions, collapsing this distinction and exposing structural inconsistencies in the law. This blog examines the tension between trademark priority and corporate name approval, the divergence between confusion and dilution standards, and the misalignment […]
GOOGLE LLC v. DRS LOGISTICS (P) LTD. & ORS.
Case name: Google LLC v. DRS Logistics (P) LTD. and Ors. Citation: 2023 SCC OnLine Del 4809 [FAO(OS) (COMM) 2/2022] Court: High Court of Delhi (Division Bench) Coram/Judges: Hon’ble Mr. Justice Vibhu Bakhru and Hon’ble Mr. Justice Amit Mahajan Abstract This case commentary examines the high-profile decision of the Division Bench of the Delhi High […]
FROM RICE PACKETS TO COURTROOMS
Analyses KRBL v Praveen Kumar Buyyani where the Delhi High Court held ‘Bharat Gate’ deceptively similar to ‘India Gate’, reinforcing idea infringement and initial interest confusion.
INDIA’S NOD TO A SCENT MARK: UNPACKING THE SUMITOMO BREAKTHROUGH
Explains India’s first accepted smell trademark filed by Sumitomo for rose-scented tyres, analysing graphical representation, distinctiveness, and sensory branding under trademark law.
AN INTERNET CASE THAT REFUSED TO BE TREATED AS SPECIAL
Examines how the Delhi High Court applied traditional trademark and passing off principles to domain names, holding that internet disputes follow established confusion standards.