trademark law | Intellepedia

Safeguarding Digital Identity in the age of Deepfakes: An analytical study of AI regulation in India with special reference to Personality Rights jurisprudence

A modern workspace scene showing a computer monitor displaying a digitally reconstructed human face with labels like “Deepfake Technology” and “Personality Rights,” alongside legal icons. On the desk are a gavel, legal documents titled “AI Regulation in India,” coffee cups, and stationery, symbolizing the legal regulation of deepfakes and protection of digital identity.

How India’s courts and policymakers are grappling with deepfakes, celebrity personality rights, and the urgent need for a modern legal framework to regulate GenAI misuse.

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.

Trademark Associate Opportunity at BananaIP Counsels

Trademark Associate position at BananaIP Counsels in Bangalore with responsibility for trademark and copyright prosecution, oppositions, renewals and related advisory work. Open to candidates with hands-on IP experience and good drafting, research and client handling skills.

Coconut Oil Bottle Trade Dress Protection and Injunction Confirmed

In the case of Edible Products (India) Limited vs Shalimar Chemical Works Private Limited, the Calcutta High Court considered whether the trade dress of coconut oil bottles—including shape, colour scheme, and packaging—was being passed off by a rival trader. The court concluded that the plaintiff’s trade dress had acquired distinctiveness and was entitled to protection under the law of passing off.

Notarized document from a foreign Country must be accepted, says Calcutta High Court in Trademark case

A person stands facing three doors labeled "Foreign Notary," "Notary" (center), and "Indian Notary," symbolizing the dilemma of choosing between different types of notarization for legal documents.

Calcutta HC rules notarized foreign documents valid without apostille in Marriott trademark opposition, reinforcing fair procedure and natural justice.

Trademark Trouble Brewing: What ‘COX 5001’ Got Wrong About ‘HAYWARDS 5000′

A bottle of Haywards 5000 beer placed centrally on a rustic stone table, surrounded by ripe red tomatoes, herbs, and a metal pot, styled like a still-life painting with warm, earthy tones.

Bombay High Court grants AB Inbev a permanent injunction against Jagpin’s “COX 5001” mark, ruling it infringes the “HAYWARDS 5000” and “FIVE THOUSAND” trademarks.

BADAL Trademark Rectification and Assignment Fraud

A magnifying glass and a pen placed over a document titled Trademark Assignment Agreement.

The Delhi High Court rejected a rectification petition challenging the assignment of the BADAL trademark on grounds of alleged fraud. The Court held that the Petitioner did not submit sufficient evidence to prove fraud or invalidate the registration, upholding the mark’s validity.

Dispute Over a Flower: Goodwill in Relevant Trade

An abstract colourful background with the silhouette of two hands reaching out to a tulip flower in the middle.

The Delhi High Court clarified that prior trademark use is insufficient without proven goodwill in relevant trade or market. The decision in Suparshva Swabs v AGN International highlights the importance of market-specific reputation for passing off claims and sets clear boundaries for allied goods in trademark disputes.

Intra-Court Appeals Not Maintainable in Trademark Appeals: Calcutta High Court Interprets Section 100A CPC

In the case of Glorious Investment Limited vs Dunlop International Limited & Anr., the Calcutta High Court ruled that no intra-court appeal lies against an order of a Single Judge made under Section 91 of the Trade Marks Act. The court held that once a Single Judge exercises appellate jurisdiction under the Act, a further appeal is barred by Section 100A of the Civil Procedure Code.

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.