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.

Come On Barbie, Let Us Stop the Trademark Party

In the case of Mattel, Inc. vs. Padum Borah & Ors, the Delhi High Court barred the use of the word ‘BARBIE’ by a hospitality business, holding that the use of the iconic trademark for unrelated services was likely to cause confusion and dilute the brand. The Court observed that the Defendant’s use of identical marks with stylized pink logos constituted dishonest adoption and granted an injunction to protect the Plaintiff’s rights.

What’s Not Confidential Can’t Be Protected: No Injunction for Disclosed Customer Data

In the case of Indrex Private Limited vs Suresh Balasubramanian, the Bombay High Court examined whether customer information held by a former employee remained confidential after termination of a cooperation agreement. The plaintiff sought an injunction to restrain use of such information, but the Court declined, finding that the cooperation terms required disclosure and permitted lawful use by the business partner’s successor.

No Territorial Jurisdiction, No Quia Timet Relief: Lessons from a Patent Case

A stylized laboratory scene showing a large blue capsule being constructed by steampunk-style mechanical arms, with sparks flying. A wooden sign next to the capsule reads "UNDER CONSTRUCTION," symbolizing a drug still in development. Various lab equipment is visible in the background.

In the case of Helsinn Healthcare SA vs AET Laboratories, the Delhi High Court declined to entertain a patent infringement action filed in anticipation of future infringement. The Court examined the territorial reach of Indian courts in web-based patent matters and reaffirmed the principles required to sustain quia timet actions.

AI, Copyrights, and Libraries

Libraries exist to promote access to knowledge, but copyright law regulates and sometimes restricts that access. As artificial intelligence enters the picture, the balance becomes even more complex. AI offers libraries the power to catalogue, preserve, and deliver content faster and more efficiently than ever before, but it also raises questions about training data, ownership of outputs, and potential copyright infringement.

This article explains how Indian copyright law applies to libraries, what exceptions protect them, and why AI can be both an opportunity and a risk. It also sets out practical steps libraries can take — from policy frameworks to risk assessments — to embrace AI responsibly and continue their mission of serving education, research, and culture.

Alia Bhatt Case: Court Stops Ex-Personal Secretary from Sharing Confidential Info

In the case of Eternal Sunshine Productions Pvt. Ltd. vs Vedika Prakash Shetty, the Bombay High Court stepped in to protect sensitive personal data of actor Ms. Alia Bhatt. The court upheld the confidentiality obligations set out in a release letter and restrained the former personal secretary from disclosing private information to the public or media.

India at Global Innovation Rank 38: Progress and the Road Ahead

Featured image displaying the post title India at Innovation Rank 38

India’s rise to innovation rank 38 is no fluke; digital muscle and clusters deliver. The next leap demands early-stage capital, stronger R&D, and faster, simpler IP.

Aishwarya Rai Gets Court Relief Against Deepfakes, Fake Merchandise, and Online Impersonation

In the case of Aishwarya Rai Bachchan vs Aishwaryaworld.Com, the Delhi High Court restrained several websites, online sellers, and digital content creators from misusing the identity of the celebrity through unauthorised merchandise, websites, AI-generated impersonations, and obscene deepfakes.

Glucon-D and Glucon-C Trademark Suit: Court Says Pre-Litigation Mediation is Mandatory

In the case of Zydus Wellness Products Ltd. v. Karnal Foods Pack Cluster Limited, involving the trademarks “Glucon-D” and “Glucon-C”, the Himachal Pradesh High Court reiterated that plaintiffs must mandatorily attempt pre-litigation mediation before filing commercial suits, unless there is a clear and justifiable urgency requiring interim relief. The Court examined the timeline of the plaintiff’s actions and found no genuine urgency to bypass the mediation step.

Products Made During Patent Term are Infringing Even After Expiry

In the case of Boehringer Ingelheim v. Femilab Healthcare, the Himachal Pradesh High Court ruled that interim injunctions granted to prevent patent infringement cannot continue after the patent has expired. The court held that such relief loses effect with the end of the patent term. However, it stated that infringing products made during the patent’s validity may still be restrained from being sold or used after the patent expires.

Actor Vijay’s Tamilaga Vettri Kazhagam Flag Use Allowed as Court Finds No Prima Facie Trademark or Copyright Violation

Illustration of an actor beside a film clapperboard, with the headline ‘Actor Vijay’s Tamilaga Vettri Kazhagam flag use allowed; no prima facie trademark or copyright violation.

In the case of G B Pachaiyappan vs Tamilaga Vettri Kazhagam, the Madras High Court addressed claims of trade mark infringement, copyright infringement, and passing off against a political party over its use of a flag allegedly similar to one adopted earlier by a social trust. The court declined to grant interim injunctions.