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Captain Morgan Prevails Over Captain Blue in Trade Mark Dispute

Two sailing ships at sea with oversized bottles (blue and amber) on their decks; text reads "Who’s the Real Captain?" with a pirate hat graphic.

The Delhi High Court has ruled in favour of Diageo’s “Captain Morgan” trademark, rejecting the registration of “Captain Blue” due to deceptive similarity and absence of bona fide use. The decision reinforces the importance of prior use and consumer recognition in trademark law.

Generative AI Training and Copyright: U.S. Copyright Office’s Pre-Publication Report

Robot reading on a digital tablet and pointing gesture next to text about the U.S. Copyright Office’s pre-publication report on generative AI training released on May 9, 2025.

This post offers a structured summary of Part 3 of the U.S. Copyright Office’s AI report series. It highlights the pre-publication report’s focus on legal concerns surrounding generative AI training and a link to the main report.

Trademark Opposition Fails Without Territorial Use Evidence

Illustration with a curious face and large question mark, asking “Can you lose a trademark without using it everywhere?” on a blue-green gradient background.

The Madras High Court dismissed an appeal by Raghuvar (India) Limited against the registration of the ‘JAI HANUMAN’ trademark, underscoring the importance of territorial use evidence in opposition cases. Despite claiming prior use, the appellant failed to show usage in South India, leading to the Court affirming the Registry’s decision.

Supreme Court Upholds Free Speech in Wikimedia Case, Sets Aside Takedown Order

In a clear endorsement of constitutional protections in the digital realm, the Supreme Court set aside a Delhi High Court directive requiring removal of Wikipedia content related to a defamation suit. The Court held that such pre-emptive takedown orders, absent a compelling constitutional basis, violate the freedoms guaranteed under Articles 19 and 21, and cannot be sustained within India’s legal framework.

The Business of Copyrights – Register Your Interest in Dr. Kalyan Kankanala’s Upcoming IP Book

The Business of Copyrights is Dr. Kalyan Kankanala’s upcoming book on Indian copyright law and its application in business and creative sectors. With a focus on AI and real-world cases, the book is part of a new IP series. Readers can now register their interest ahead of release.

Indian IP Office Announces Stakeholder Meetings on Draft CRI Guidelines

Illustration of five individuals around a table using laptops, and discussing

The Indian IP Office has scheduled in-person stakeholder meetings in Mumbai and Delhi to gather feedback on the Draft Guidelines for Computer Related Inventions (CRI). The initiative will allow stakeholders to share their inputs before the finalisation of the CRI policy framework.

Government of India Constitutes Committee on AI and Copyright

Illustration of Government of India's committee members seated at a long table, discussing AI and copyright policy matters.

The DPIIT announced a committee to explore legal and policy challenges at the intersection of AI and copyright. With personnel from the government, academia, and industry, the committee is tasked with reviewing the Copyright Act, 1957, and preparing a detailed working paper.

Decades of Himalaya’s Goodwill Shield PILEX Trademark from Deceptive Use

Text says “PILEX” by Himalaya Stands Tall Against Imitators, with mountains in the background and a hand holding a pill on the right.

The Calcutta High Court’s Intellectual Property Rights Division upheld Himalaya’s trademark “PILEX”, citing decades of goodwill and market presence. With the defendants ceasing use and offering an unconditional undertaking, the Court ordered relief and reinforced the legal significance of brand protection in pharmaceuticals.

What Have You Been Smoking? Personal bias has no place in Tobacco patent evaluation

A cigarette crossed out with a red prohibition sign, flanked by comic-style text bubbles reading "WHAT?" on the left and "WHY!" on the right, against a blue background

The Calcutta High Court has criticised the arbitrary rejection of a tobacco syrup patent by the Indian patent office, urging objective analysis over personal bias. It held that Section 3(b) must not be misused to deny legitimate inventions without proper legal scrutiny and evidence.

New Geographical Indications Registrations in India (April 2024–March 2025): 23 Additions Across States

Featured Image showing Close-up of traditional Indian handloom weaving with colourful threads and embroidered fabrics, symbolising handicraft heritage. Text overlay reads “India registered 23 Geographical Indications across states in April 2024 – March 2025” with a 'CERTIFIED' stamp in the background.

India’s GI Registry has grown by 23 new entries in 2024–25, reflecting the country’s rich cultural and artisanal diversity. From Pilkhuwa Hand Block Prints to Japanese Sake, this post covers each GI’s origin, category, and significance for local communities.