India

An unacceptable approach: Indian bar associations urged to tackle bad practice trend

Having been aggressively berated by IP law firms after receiving legal notices, law firm leader Ashok Ram Kumar calls for Indian bar associations to do more to tackle bad practice.

An unacceptable approach: Indian bar associations urged to tackle bad practice trend
As evidence of plain packaging ineffectiveness grows, a less brand-restrictive alternative must be considered
21 Aug 2021

As evidence of plain packaging ineffectiveness grows, a less brand-restrictive alternative must be considered

In an exclusive opinion column, Axess Technologies chair Richard Jotcham gives an alternative perspective on plain packaging since it was first introduced for tobacco products nearly a decade ago.

A new era of working with influencers in India: what brand owners need to know
29 Jul 2021

A new era of working with influencers in India: what brand owners need to know

In an exclusive guest post, Remfry and Sagar partner Samta Mehra looks at the rapidly changing regulations for influencer advertising in India.

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7 Sep 2021

Delhi High Court: adoption of ‘Delhi Public School’ marks by purported “permitted users” prima facie invalid

The Delhi Public School Society has been granted an injunction for the second time in a dispute over the use of the words ‘Delhi Public School’ and a crest logo. Read more

13 Aug 2021

Delhi High Court finds that it has territorial jurisdiction based on sale of infringing goods on third-party e-commerce platforms

The availability of infringing products on third-party online marketplaces, such as Amazon, which are accessible from Delhi and deliver goods within Delhi, established cause of action in Delhi. Read more

11 Aug 2021

Delhi High Court clarifies position on arbitrability of trademark disputes

This decision clarifies the approach taken by India's Supreme Court in the Vidya Drolia case in relation to the arbitrability of trademark disputes. Read more

4 Aug 2021

Delhi High Court: defendants’ adoption of SINGH + SINGH marks “fraught with mischief” and not in good faith

The Delhi High Court has restrained the defendants from using various SINGH + SINGH marks for legal services on the ground that they were confusingly similar to the plaintiffs’ SINGH & SINGH mark. Read more

Anti-Counterfeiting

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8 Jun 2021

INTA seeks brand stories; IACC and National IPR Center partnership; new GIs in Pakistan – news digest

In our latest round-up, we look at China’s 2021 International Trademark Brand Festival being announced, the top Indian brands showing record brand value growth, Bed Bath & Beyond launching more private brands, and much more. Read more

11 May 2021

THE BIG LIE trademark; Gap sells Intermix brand; scammers' preferred TLDs – news digest

In our latest round-up, we look at disgust over reports of counterfeit covid-19 medicine in India, Verizon divesting its media division, ICANN unveiling new courses, and much more. Read more

11 May 2021

Procedures and strategies for anti-counterfeiting: India

The Trademarks Act is the principal legislation governing trademarks in India. The act provides both civil and criminal statutory remedies against the infringement of a registered trademark. Read more

13 Apr 2021

Fight or flight? Study finds litigation can be an effective deterrent to future counterfeiting activity

A new study has looked at whether trademark litigation is an effective strategy against counterfeiters, with one of the authors telling WTR that “the legal costs of today’s litigation should be weighed against future infringement”. Read more

Brand management

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5 Jul 2021

Amazon launches IP Accelerator in India as debate over e-commerce rules intensifies

Amazon has announced the launch of the IP Accelerator programme in India, offering sellers that are also brand owners access to services from trusted IP experts and law firms. Read more

14 Apr 2021

“This will be an impediment to India’s image”: concerns over costs and backlogs voiced after IPAB is abolished

Last week the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance 2021 was promulgated, effectively abolishing India’s IP Appellate Board and transferring its functions to the country’s commercial and high courts. Read more

8 Apr 2021

Seven strategic takeaways from Brand Strategy India 2021

Over the past two days, WTR has hosted a number of ‘Brand Strategy India’ sessions at the IPBC India virtual event. These discussions  have offered a range of critical takeaways for rights holders. Read more

2 Feb 2021

Asos buys Topshop and Miss Selfridge brands; Covishield injunction rejected; ICANN new breach notice – news digest

In our latest round-up, we look at Philip Morris International and the US Department of Homeland Security collaborating, Playboy in talks to acquire Lovers, the battle for Birkenstock heating up, and much more. Read more

Enforcement and Litigation

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12 Jul 2021

“A positive step towards efficiency” – Delhi High Court creates dedicated IP Division

Only months after the controversial abolition of India’s Intellectual Property Appellate Board, the Delhi High Court has announced the creation of an Intellectual Property Division. Read more

5 Jul 2021

Bombay High Court: copyright registration of label not mandatory

In this trademark and copyright infringement dispute involving the use of similar labels for soya bean products, the Bombay High Court has held that copyright registration is not mandatory to claim relief under the Copyright act. Read more

9 Jun 2021

Success for Red Bull as Delhi High Court grants injunction against use of RED HORSE mark and label

Energy drinks giant Red Bull has successfully obtained an interim injunction preventing Bakewell Biscuits from using the mark RED HORSE and a label including a blue/silver trapezoid device. Read more

10 May 2021

“It was definitely a surprise” – Justice Manmohan Singh reacts to IPAB abolition in exclusive interview

In an exclusive interview with WTR’s sister title IAM, one of the most influential figures in India’s IP sector, Justice Manmohan Singh, has provided his reaction to the surprise abolition of the Intellectual Property Appellate Board last month. Read more

Government/Policy

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28 Jul 2021

“An ambitious landmark” – parliamentary panel in India calls for urgent revival of Intellectual Property Appellate Board

The Indian government’s bipartisan Parliamentary Standing Committee on Commerce has released a new report focused on proposed reforms to India’s IP rights regime. Read more

21 Jul 2021

“Set an example for other developing nations” – new call for plain packaging in India

A newly-published study is urging the Indian government to implement plain packaging on all tobacco products, claiming it is “a public issue” due to an ongoing smoking epidemic in India. Read more

16 Apr 2021

Government reform and incentives have created a robust trademark ecosystem in India: top filers revealed

Asia’s third-largest economy is now the third-most active register in the world thanks to a hot start-up scene and prolific local filers Read more

16 Apr 2021

“There may be chaotic situations”: the practical impact of abolishing India’s IPAB

In this guest analysis, Shailendra Bhandare, partner at Khaitan & Co, explores the short and long-term impact of the move to abolish India’s  IP Appellate Board. Read more

Law Firms

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23 Sep 2020

Flying high: registry data shows Asia-Pacific filings are skyrocketing

Filing data at the top Asia-Pacific IP offices reveals a region undergoing spectacular growth, accounting for a colossal 80% of trademark activity worldwide last year. Spearheading the effort is China – a nation with increasing influence over its neighbours, which shows no signs of slowing down. Read more

28 Aug 2020

Economies are battered but many major offices set for record trademark numbers

As the data continues to be updated, we are able to get a better understanding of the extent of the coronavirus’ impact on the trademark ecosystem. Read more

28 Aug 2020

Coronil trademark twist; IPOS unveils new partnerships; Banjul marks in Mozambique  – news digest

In our latest round-up, we look at Glossier securing protection for its pink pouch, Pakistan promoting the use of GIs, China issuing opinions for destroying infringing and counterfeit goods, and much more. Read more

26 Jun 2020

INTA unveils new website; Unilever tea sale; Indian consumers boycott Chinese brands – news digest

In our latest round-up, we look at more brands overhauling racially-insensitive products in Asia and Australia, MARQUES launching a LGBT and gender survey, Puma and Nike continue to duke it out, and much more. Read more

IP Offices

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21 Jun 2021

Register Tracker: Asia

China dominates this landscape with local brand owners active at home and in neighbouring countries. Read more

19 Feb 2021

“A regressive step” – outcry at new Indian government bill to abolish IP Appellate Board

The lower house of Indian Parliament has introduced a "surprise" bill that proposes to abolish India’s IP Appellate Board, a move that could have a profound impact for domestic and international trademark owners. Read more

30 Oct 2020

Sony resolves PS5 trademark fight; Tiffany and LVMH end legal dispute; TPAC new member – news digest

In our latest round-up, we look at a ‘Why Brands Matter’ campaign launching, research revealing the brand risk of data breaches, Authentic Vision planning an expansion, and much more. Read more

7 Oct 2020

Sony faces PS5 trademark fight in India but legal experts reject reports that it will derail console's launch

As gamers around the world readily anticipate the release of Sony’s PlayStation 5 console, media reports suggest that Indian consumers might have to wait a little longer after a third party was discovered to have applied for the PS5 name. Read more

Online

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8 Oct 2020

McDonald’s and Amul continue trend of successful hybrid actions against fake websites

Earlier this year, the Bombay High Court set the trend of hybrid actions involving John Doe infringers, banks and registrars to fight the rise in fake websites. McDonald’s and Amul recently jumped on this trend. Read more

23 Sep 2020

Safeguarding digitised India: everything you need to know about the Personal Data Protection Bill

This guest analysis provides insight into the debate over privacy and data in India, the country’s position in comparison with international efforts and what brands need to know about the ever-shifting environment. Read more

9 Jul 2020

Bombay High Court considers reliefs to be granted in fake websites case

In a case involving fake websites registered by an unknown person, the Bombay High Court has considered which reliefs could be granted against domain registrars, banks and INRegistry. Read more

23 Jun 2020

Unauthorised branded face masks; Rolex opposition win; Josie Maran targets Amazon seller – news digest

In our latest edition, we look at Dreyer’s Grand Ice Cream renaming Eskimo Pie, the owner of a Chinese pharmacy chain sentenced to jail for the sale of counterfeit masks, and much more. Read more

Portfolio Management

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6 Apr 2021

Bombay High Court: phonetic differences between STIMULIV and STIMULET not sufficient to tell one from the other

This decision of the Bombay High Court highlights that, when pharmaceutical preparations are involved, there should not be the slightest possibility of confusion, error or mistaken identity. Read more

15 Dec 2020

Jurisdiction in trademark cases: a matter of convenience, not of absolute discretion

In this dispute involving two whisky trademarks, the Delhi High Court issued an ad interim injunction against the defendant. An interesting issue that arose before the court was whether it had territorial jurisdiction to grant such relief. Read more

17 Nov 2020

Times Now secures injunction against use of NEWSHOUR mark by ex-employee’s TV channel

The Delhi High Court granted Times Now’s request for an interim order restraining rival network Republic TV from using the mark NEWSHOUR, but did not interfere with Republic TV’s use of a mark coined by a former Times Now employee. Read more

2 Nov 2020

DELHIVERY decision: phonetically generic marks cannot be protected

This decision of the Delhi High Court once again exposes the dangers inherent in the adoption of descriptive marks, including those that are misspellings of descriptive terms. Read more

Trademark law

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25 Jun 2021

Wrongful versus fair use in India: how a news outlet spat reinforced the boundaries

A recent dispute between two Indian media companies over the use of trademarks in news reporting has reinforced the country’s approach to fair use. Read more

12 Oct 2020

Are trademark sub-licensing models workable in India? Legal and practical considerations

Sub-licensing of trademarks is a common practice in India. However, there are questions over the legality of the practice. Read more

20 Aug 2020

Five ways to beat the odds and protect your brand in Asia

We shine the spotlight on some of the biggest challenges facing brands in Asia and reveal what steps WTR’s trademark elite – from Beijing to New Delhi – are taking to overcome them. Read more

22 Jul 2020

CORONIL trademark bid dealt a blow by the courts, but the fight is far from over

Although some expected an opposition due to CORONIL misleading the public as a cure for covid-19, the order is the result of another mark claiming priority. Read more