Author: Dr. Kalyan Kankanala

Dr. Kalyan Kankanala is a practicing intellectual property (IP) attorney and author. He is a senior partner at BananaIP Counsels, a well-known IP firm based in Bangalore, India. His writings cover a range of topics relating to IP law, business, and policy, and he has authored several books and articles in the field. He has been contributing to this blog since 2007. The views expressed here are his own and do not represent those of BananaIP Counsels or its members.

Logo Vs. Word Trademarks: Haveli Logo Trademark Rights Do Not Extend to the Common Word

In the case of Haveli Restaurant and Resorts Limited vs Registrar of Trade Marks and Another, the court examined whether long standing use of a brand name and registration of logos could convert a commonly used word into exclusive trademark property. The court considered the nature of the word HAVELI, its widespread use in the hospitality sector, and whether consumers were likely to associate that word with only one restaurant chain. The court rejected the claim that registration of a logo or a composite mark could confer exclusive rights over a common word.

Hashtag, Trade Mark, Defamation: When #THRILLOPHILIA Crossed the Line on Social Media

In the case of Thrillophilia Travel Solutions Private Limited vs Mrs Vishali Maggo, the court drew a clear line between a consumer complaint and the use of a registered trade mark as a hashtag to amplify allegations of fraud and scam on a professional social media platform.

Same MAXO, New Spy: When a Mosquito Repellent Became a Camera and Trade Mark Law Stepped In

In the case of Jyothy Labs Limited vs Gautam Kumar, the court examined whether embedding spy cameras inside MAXO mosquito repellent machines and selling them online could be justified as resale, or whether such conduct crossed into trade mark infringement, trade dress misuse, and passing off.

Same Hair, Same Care, Same Jasmine: Too Familiar for Trade Mark and Copyright Comfort

In the case of Marico Limited vs Minolta Natural Care, the court examined whether the defendants’ Jasmine and Hair Protection hair oil products unlawfully copied the distinctive trade dress, logos, and packaging of the plaintiff’s well known Jasmine and Hair and Care hair oil products sold under the Parachute house mark, and granted interim relief to the plaintiff.

You Can’t Live with Liv 333: When Trademark Similarity Turns Costly

In the case of Rajasthan Aushdhalaya Private Limited vs Himalaya Global Holdings Ltd, the Delhi High Court Division Bench examined an appeal against a final decree passed by a Single Judge in a trademark infringement suit. While affirming the injunction against the use of Liv 333, the Division Bench reiterated settled principles on trademark protection, dominant features, and infringement, and looked at the basis on which damages and costs were imposed.

If You List It, They Might Sue: Trademark Infringement, Place of Business, and Online Access

In the case of Kohinoor Seed Fields India Pvt Ltd vs Veda Seed Sciences Pvt Ltd, the Delhi High Court Division Bench provided a structured analysis of what constitutes territorial jurisdiction in trademark infringement actions after examining the plaintiff’s principal office, online listings, and the role of marketing agreements.

From Fine Dining to Trademark Fighting: The Dakshin Breakup Story

In the case of ITC Limited & Anr. vs Adyar Gate Hotels Limited, the court declined to restrain a former collaborator from using the restaurant brand ‘DAKSHIN’. Despite ITC’s registrations, the court held that past agreements, shared use, and acquiescence over decades created factual disputes that must be resolved at trial.

You Can’t Park Patent Rights in the E-Ricksha Registration Lane

In the case of M/s Sunhok Wheels Pvt. Ltd. & Ors. vs The State of West Bengal & Ors., the Calcutta High Court addressed whether claims of patent rights can prevent registration of e-rickshaws. The court ruled that vehicle registration authorities must act according to statutory rules, and pending patent claims do not automatically restrain registration.

Gen AI, Copyrights, and Hybrid Licensing in India Why the Assumptions May Not Sustain the Model

The DPIIT committee’s proposal for a hybrid licensing model for AI training rests on a set of assumptions about creativity, copyright ownership, collective management, and regulatory control. A closer examination of these assumptions raises important questions about whether the model can deliver the balance it seeks to achieve. In particular, the model appears to strengthen the position of copyright owning entities while offering limited benefits to authors and creators, introduces administrative complexity in a rapidly evolving technological space, and relies heavily on institutional structures that have historically faced governance and efficiency challenges in India. Against this backdrop, the article explores whether India would be better served by an open and carefully calibrated AI training exception, supported by a statutory right that directly recognises and strengthens authors and creators, rather than by an expansive licensing regime built on contested assumptions.

Is a Smarter Scooter Frame Patentable? Court Orders Rethink on Inventive Step

In the case of TVS Motor Company vs Patent Office, a scooter maker’s patent claim for a simple yet novel frame design was rejected for lacking inventive step. The court disagreed with the reasoning and ordered the Patent Office to re-examine the application using a proper test.