TikTok Not a 'Well-Known' Trademark in India : Bombay High Court
TikTok Not a 'Well-Known' Trademark in India : Bombay High Court

The Bombay High Court upheld the Registrar’s decision rejecting  TikTok's plea for recognition as a "well-known" trademark under Rule 124 of the Trade Marks Rules, 2017.

The Court held that the Indian government’s ban on TikTok for national security reasons was a valid consideration under Section 11(6) of the Trade Marks Act.

Though TikTok argued that the Registrar ignored statutory criteria and misapplied Section 9, the Court found no fault with the core reasoning.

Given that the app remains banned, the Court ruled that granting it additional protection as a well-known mark was unjustified.

5 hours ago

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Common Slogans Like 'One for All' Cannot Be Trademark Without Distinctiveness : Delhi High Court
Common Slogans Like 'One for All' Cannot Be Trademark Without Distinctiveness : Delhi High Court
  • Case Name: Oswaal Books & Learnings Private Limited v The Registrar of TradeMarks

The Delhi High Court held that commonly used phrases like “One for All, All for One” cannot be granted a trademark unless they have acquired a secondary meaning in the minds of consumers.

In an appeal by Oswaal Books, Justice Mini Pushkarna noted that such expressions are descriptive and part of general language usage, and registering them would unfairly restrict access to common words. 

The court observed that such expressions lack the required originality or secondary meaning necessary for trademark registration.

The Court clarified that simply placing a slogan on goods or advertising does not make it distinctive; it must uniquely identify the source to qualify for trademark protection under Section 9 of the Trade Marks Act.

Read Judgement / 9 hours ago

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What is a Geographical Indication Tag and Why is it Important?
What is a Geographical Indication Tag and Why is it Important?

A Geographical Indication (GI) Tag is a legal recognition that a product comes from a specific place and has qualities or a reputation linked to that location. Like Darjeeling Tea, Banarasi Saree, Mysore Sandalwood Oil, Kanchipuram Silk Sarees. 

The Tirupati Laddu has a GI tag, which means it can only be made and sold by the Tirumala Tirupati Devasthanams (TTD) within the temple premises. No one else is allowed to sell or market it.

Unauthorized use of GI-tagged products violates intellectual property rights under the Geographical Indications of Goods (Registration and Protection) Act, 1999, and can invite legal action.  It also undermines consumer trust and the authenticity of protected regional products.

a day ago

 MansiBookmark

What is Passing Off in Trademark?
What is Passing Off in Trademark?

Passing off is a common law remedy in intellectual property law used to protect unregistered trademarks, goodwill, and brand reputation from misuse. It occurs when one party misrepresents its goods or services as those of another, causing consumer confusion. 

Though not explicitly defined, passing off is recognised under Section 27(2) and Section 135 of the Trade Marks Act, 1999. 

To succeed in a passing off action, three elements must be proven: such as goodwill, misrepresentation, and damage. In Cadila Health Care v. Cadila Pharmaceuticals (2001), the Supreme Court laid down tests for deceptive similarity.

a day ago

 AditiBookmark

Ministry Proposes New Rule for Mandatory Online Payment of License Fees for Copyrighted Work
Ministry Proposes New Rule for Mandatory Online Payment of License Fees for Copyrighted Work

The Ministry of Commerce and Industry has proposed the Copyright (Amendment) Rules, 2025, to simplify license fee payments under the Copyright Rules, 2013.

A new Rule 83(A) mandates an exclusive online system for paying license fees for literary works, musical works, and sound recordings communicated to the public. 

No other payment methods will be allowed. This aims to enhance transparency and ease of transactions for copyright holders and users in line with India's digital economy trends. 

Public comments and suggestions are invited by July 5, 2025, and may be sent by post or email to ipr7-dipp@gov.in.

Draft Rules / a day ago

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What is a Cease and Desist Notice?
What is a Cease and Desist Notice?

A cease-and-desist notice is a formal legal warning sent to an individual, company, or organization, directing them to immediately stop (cease) and not repeat (desist) an activity that is unlawful or infringes on someone’s legal rights.

It is commonly used in cases involving intellectual property violations, defamation, harassment, or contract breaches.

It acts as a pre-litigation remedy and serves as evidence that the petitioner was given a chance to correct their actions. If the notice is ignored, it may lead to civil or criminal legal proceedings.

Recently, Sony Music issued a cease and desist notice to Myntra for using its songs without permission, which later led to a ₹5 crore copyright infringement lawsuit.

Read Details / 2 days ago

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ANI Files Fresh Plea Against YouTuber Mohak Mangal Over Use of News Clips
ANI Files Fresh Plea Against YouTuber Mohak Mangal Over Use of News Clips

A Delhi District Commercial Court has issued notice to YouTuber Mohak Mangal and Google LLC in a suit alleging copyright and trademark infringement filed by a leading news agency, ANI.

The agency claims Mangal used ten of its news videos and its logo on his YouTube channel without permission, violating rights under the Copyright Act, 1957, and the Trade Marks Act, 1999.

The plaintiff has sought ₹50 lakh in damages and a permanent injunction. The court refused to grant an interim stay and directed the defendants to file replies. The matter has been posted for further hearing on July 26, 2025.

3 days ago

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What is John Doe Order?
What is John Doe Order?

"John Doe" is a legal term used to identify unknown or anonymous individuals in a case, especially when the defendant’s identity is not known at the time of filing.

In India, such orders, also called Ashok Kumar orders, are granted under Order 39, Rules 1 and 2 of the Civil Procedure Code, 1908, to prevent irreparable harm.

In a recent case, the Court issued a John Doe and dynamic+ injunction against rogue platforms like Yoghurt TV and Nova IPTV for illegally streaming Premier League matches. Citing violations under the Copyright Act, 1957, over 30 infringing domains were ordered to be blocked.

Read Details / 5 days ago

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What is Trade Dress under IPR?
What is Trade Dress under IPR?

Trade dress, protected under Section 2(zb) of the Trade Marks Act, 1999, refers to the overall visual appearance of a product that signifies its source.

It helps prevent consumer confusion by ensuring that the design, shape, or packaging is uniquely associated with a specific brand.

In a recent ruling, the Delhi High Court restrained a company from selling trolleys deceptively similar to those of Mokobara, finding it an infringement of Mokobara’s distinctive trade dress.

The Court reaffirmed that trade dress extends beyond names and logos, covering aesthetic features that serve as brand identifiers.

Read Details / 6 days ago

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Delhi High Court Grants Partial Relief to Indiamart in Puma Trademark Case
Delhi High Court Grants Partial Relief to Indiamart in Puma Trademark Case

The Delhi High Court granted partial relief to Indiamart in a trademark infringement suit filed by Puma.

Puma alleged that Indiamart listed counterfeit Puma products and sought to restrain Indiamart from using “PUMA” as a selectable brand option.

The Court allowed Indiamart to continue listing “PUMA” as a selectable brand option in its dropdown menu for prospective sellers, but directed it to promptly remove counterfeit Puma listings upon notice.

The bench found no prima facie evidence that Indiamart promoted counterfeit goods.

However, it warned that failure to act on takedown requests could strip Indiamart of safe harbour protections under Section 79 of the IT Act

Read Judgement / 7 days ago

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Delhi High Court Grants Interim Relief to Mokobara in Trademark Dispute
Delhi High Court Grants Interim Relief to Mokobara in Trademark Dispute
  • Case Name: Mokobara Lifestyle Private Limited v. Mr. Fazal Mohamed Yakub Patka And Ors

The Delhi High Court has issued a restraining order against the defendants for creating and selling trolleys that were deceptively or confusingly similar to Mokobara's products. 

The Court ruled that Mokobara's unique trade dress and registered trademark were violated by the defendants, who were also presenting the imitation luggage on their website and social media, which is labeled as "Green land". 

The Court also noted that the products were indistinguishable from Mokobara's products, apart from their sale through the website and social media. The next hearing is scheduled for October 10.

Read Order / 8 days ago

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Delhi High Court Declares ‘RITZ’ and ‘RITZ-CARLTON’ Well-Known Trademarks, Grants Permanent Injunction
Delhi High Court Declares ‘RITZ’ and ‘RITZ-CARLTON’ Well-Known Trademarks, Grants Permanent Injunction
  • Case Name: The Ritz Hotel Ltd and Ors V MS Hotel Ritz and Ors

The Delhi High Court has declared ‘RITZ’ and ‘RITZ-CARLTON’ as well-known trademarks under Indian law, granting a permanent injunction against an Indian hotel operator for unauthorized use.

The suit was filed by The Ritz Hotel (Paris) and The Ritz-Carlton Hotel Company after discovering the use of similar names and domains like www.ritz-hotels.com and www.thehotelritz.com without permission. Despite earlier assurances to stop, the misuse continued.

Justice Amit Bansal held that the brands enjoy global recognition, long-standing use, and strong goodwill.

The court ordered immediate discontinuation of the infringing domains and upheld the plaintiffs’ rights under Section 2(1)(zg) of the Trade Marks Act.

Read Judgement / 9 days ago

 KanishkaBookmark

Difference Between Dynamic Injunction, Dynamic+ Injunction & Superlative Injunction
Difference Between Dynamic Injunction, Dynamic+ Injunction & Superlative Injunction

Indian courts are adopting advanced legal tools to tackle rising tech-driven piracy.

One such tool is the Dynamic Injunction, which blocks not just the original pirated website, but also any mirror sites that pop up later, without needing a new court order each time.

Then comes the Dynamic+ Injunction, which goes further by protecting unreleased content, helping prevent leaks the moment a film or show is released.

The Superlative Injunction empowers rights holders to request real-time blocking of illegal websites and apps by directly notifying internet providers.

These evolving measures reflect the judiciary’s proactive approach to digital piracy and its efforts to safeguard intellectual property in a fast-changing tech landscape.

9 days ago

 KanishkaBookmark

Delhi High Court Grants Star India “Superlative Injunction” to Block Infringing Apps in Real-Time
Delhi High Court Grants Star India “Superlative Injunction” to Block Infringing Apps in Real-Time
  • Case Name: Star India Pvt Ltd v. IPTV Smarter Pro & Ors

The Delhi High Court has granted a "superlative injunction" to Star India, empowering it to block rogue mobile apps in real time, in addition to infringing websites. 

This goes beyond the usual dynamic injunctions and aims to curb unauthorized streaming of its content, such as IPL matches. 

Justice Saurabh Banerjee emphasized that in the digital age, delays in legal action can render remedies ineffective.  The court directed domain registrars and internet service providers to suspend access to infringing domains and apps upon notification by Star India.  

This injunction remains effective until July 3, 2025.

Read Judgement / 10 days ago

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Delhi High Court Issues Dynamic+ Injunction to Shield AI-Generated Fake Content on Sadhguru
Delhi High Court Issues Dynamic+ Injunction to Shield AI-Generated Fake Content on Sadhguru

The Delhi High Court has issued a "dynamic+ injunction” to block websites and social media accounts using AI to create fake content using Sadhguru’s name, voice, or image.

Justice Saurabh Banerjee directed X and YouTube to remove such accounts and share user information. The Court was shown fake arrest news, AI-generated interviews promoting scams, and deepfake videos endorsing unrelated products using AI tools. 

The Court found a strong prima facie case and ordered strict action, directing DoT and MEITY to ensure compliance and summoned 41 rogue websites to respond by October 14.

The court found this misuse violated Sadhguru’s personality rights and misled the public.

Read Judgement / 10 days ago

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