Region: India

Featured in Asia-Pacific Trademark Prosecution Review 2024

The Trade Marks Act plays a pivotal role in shaping India’s trademark registration and enforcement framework. With a focus on both registered and unregistered marks, it provides a robust system to protect trademark owners’ rights. Further, the creation of the IP division at the Delhi and Madras High Courts and the hiring of more hearing officers are significant steps toward improving the efficiency of trademark hearings and enforcement in India.

22 September 2023

The Delhi High Court has found that phonetic similarity trumps visual dissimilarity in a trademark infringement case between food industry rivals. While the defendant Wow Momo Foods is defeated in this instance, the main suit is still ongoing.

21 September 2023

Disclaiming exclusivity in respect of individual parts of a composite mark does not ipso facto result in disclaiming exclusivity over the mark as a whole.

08 September 2023

The Delhi High Court has ruled that since Google monetises its keyword suggestion tool, its use of trademarks as keywords constitutes advertising under the Trademarks Act. It also compromises its claim to safe-harbour immunity, which is offered to intermediaries under the Information Technology Act.

07 September 2023

In a major blow to Google, the Delhi High Court has confirmed that the company is not entitled to the defence available to intermediaries under Section 79 of the IT Act insofar as the Ads Programme is concerned.

01 September 2023

WTR gets the inside track on Snapdeal’s brand protection programme and how it responded to its inclusion in the USTR's and European Commission’s counterfeit lists.

31 August 2023

The case shows that it is crucial to provide correct information in applications for plant variety protection under the Protection of Plant Variety and Farmers Rights Act.

30 August 2023

Featured in Asia-Pacific Trademark Litigation Review 2024

The tremendous growth of the country’s life sciences sector has contributed to economic success and proliferating IP registrations. However, this rapid development continues to open the door for infringers, compelling litigators to step up their game to protect valuable drugs and medications.

25 August 2023

The Delhi High Court has ruled in favour of Calvin Klein owner Coty, in a case against online retailers passing off perfume samples.

24 August 2023

The Delhi High Court has passed a permanent injunction against New Balance Immigration for its use of a name and domain that is deceptively similar to New Balance Athletics. Although these brands do not operate in the same or even similar markets, the court found that there was significant likelihood of confusion, and that the defendant’s adoption of the name was neither honest nor carried out in good faith.

17 August 2023