Author name: SpicyIP

How to Escape the Jurisdictional Demons of the Past: DHC’s Lesson on Territorial Claims in the Digital Bazaar

/ By / Trademark

The Delhi High Court has clarified that simply accessing a plaintiff’s website or registering a mark in its territory does not give the Court jurisdiction. Srishti Gaur unpacks the ruling and shows how it sharpens the position in light of earlier precedents. Srishti is a third-year student at National Law University, Delhi. Her previous posts can be accessed here. How to Escape the Jurisdictional Demons of the Past: DHC’s Lesson on Territorial Claims in the Digital Bazaar By Srishti Gaur In […]

How to Escape the Jurisdictional Demons of the Past: DHC’s Lesson on Territorial Claims in the Digital Bazaar Read More »

Whose Jurisdiction is it Anyway?: SC Dismisses CCI’s Appeal Against Ouster of Jurisdiction on Patent Issues

/ By / Patent

The Supreme Court in Ericsson v. CCI was expected to clear the air on a tricky regulatory question concerning CCI and the Controller General, but the dispute seems to have had an anticlimactic end with the Court declining to decide on the point of law. Ambika Aggarwal writes on this development below. Ambika is a Ph.D. (IP Law) scholar at NALSAR University of Law, Hyderabad and is also a SpicyIP Tech Innovation Policy Fellow. [Please note that we are still

Whose Jurisdiction is it Anyway?: SC Dismisses CCI’s Appeal Against Ouster of Jurisdiction on Patent Issues Read More »

Vasundhra vs Vasundhara: Notes on Section 35 and the Goodwill Question

/ By / Trademark

A division bench of the Delhi High Court recently clarified that a proprietor does not need to use their full name to avail of the Section 35 defence against a trademark infringement action. Explaining the Court’s rationale, Subhalaxmi Mukherjee discusses why associating the identity of a company with the name of the proprietor might be problematic. Subhalaxmi is a third-year B.Sc LL.B. (Hons.) student at the West Bengal National University of Juridical Sciences (WBNUJS), Kolkata. She is interested in a

Vasundhra vs Vasundhara: Notes on Section 35 and the Goodwill Question Read More »

From Disco Dancer to Dream Girl 2: Bollywood’s Copyright Dance in Court

/ By / Copyright

Discussing the Disco Dancer and Dream Girl 2 decisions by the Bombay High Court, Aali Jaiswal explains how the Copyright Act, 1957, distinguishes between exclusive rights under Section 14 and the limits on protection under Section 13. Aali is a third year B.A.LL.B student at Dr. Ram Manohar Lohia National Law University, Lucknow. Her primary areas of interest lie in Intellectual Property Law and Technology Law. From Disco Dancer to Dream Girl 2: Bollywood’s Copyright Dance in Court By Aali

From Disco Dancer to Dream Girl 2: Bollywood’s Copyright Dance in Court Read More »

SpicyIP Tidbit: Analysing the Mankind Pharma Order through the lens of the Modi Pharma Case on the ‘Family of Marks Doctrine’

/ By / Trademark

[This post is authored by Bhavya Gupta. Bhavya is a third year BA. LLB student at the National Law School of India University, Bangalore. Her academic and professional interests lie in corporate law, intellectual property, competition law and international arbitration.] The Delhi High Court recently in Mankind Pharma Ltd. v. Ram Kumar M/s Dr. Kumars Pharmaceuticals (C.O. (COMM.IPD-TM) 566/2022) ordered for the cancellation of the “UNKIND” mark in Class 35, providing a useful opportunity to reflect on the judicial reading

SpicyIP Tidbit: Analysing the Mankind Pharma Order through the lens of the Modi Pharma Case on the ‘Family of Marks Doctrine’ Read More »

[SpicyIP Tidbit] From Travel to Trouble: The Yatra Online vs. Mach Conferences Tussle

/ By / Trademark

[The post is authored by Subhalaxmi Mukherjee. Subhalaxmi is a third-year B.Sc LL.B. (Hons.) student at the West Bengal National University of Juridical Sciences (WBNUJS), Kolkata. She is interested in a wide range of public and commercial law subjects, including intellectual property, gender rights, and international arbitration. Her previous posts can be accessed here.] In a decision delivered on August 22, 2025, the Delhi High Court ruled against Yatra Online (plaintiff), holding that the disputed “Yatra” mark was both generic and

[SpicyIP Tidbit] From Travel to Trouble: The Yatra Online vs. Mach Conferences Tussle Read More »

Figuring Out the Correct CRI Guidelines by Looking at Google LLC v The Controller of Patents

/ By / Patent

The Calcutta High Court recently upheld the Controller’s rejection of a patent application based on the old 2017 CRI Guidelines. In examining the order, Shailraj Jhalnia writes about the nature of these guidelines and whether the Controller and the Court’s reliance on the older version was justified. Shailraj is a third year law student pursuing B.A. LL.B. from National Law School of India University, Bangalore, with a keen interest in IP Law, Arbitration and Criminal Law. His previous posts can

Figuring Out the Correct CRI Guidelines by Looking at Google LLC v The Controller of Patents Read More »

On the Pen Losing Its Might: Contemplating the Digital News Industry’s Fate in Light of ANI v OpenAI

/ By / Copyright

On DNPA’s argument about the implications of GenAI platforms on the digital media industry—such as revenue loss, shrinking web traffic, and diminished visibility—Subhalaxmi Mukherjee examines whether these concerns are valid and discusses whether it is time for digital news industries to consider new adaptation strategies. Subhalaxmi is a third-year B.Sc LL.B. (Hons.) student at the West Bengal National University of Juridical Sciences (WBNUJS), Kolkata. She is interested in a wide range of public and commercial law subjects, including intellectual property,

On the Pen Losing Its Might: Contemplating the Digital News Industry’s Fate in Light of ANI v OpenAI Read More »

Can Purely Religious Terms be Trademarked? The Curious Case of ‘Shree Jagannath Dham’

/ By / Trademark

On the recent controversy concerning the name of the newly inaugurated Jagannath Dham temple in Digha and reports of Shree Jagannath Temple Managing Committee (“SJTMC”) seeking to protect terms like Shree Jagannath Dham, Srimandir, Mahaprasad, Nilachal Dham and Bada Dand as trademarks, Subhalaxmi Mukherjee writes on incorrect reporting on the issue and whether these terms can be protected as IPs. Subhalaxmi is a third-year B.Sc LL.B. (Hons.) student at the West Bengal National University of Juridical Sciences (WBNUJS), Kolkata. She

Can Purely Religious Terms be Trademarked? The Curious Case of ‘Shree Jagannath Dham’ Read More »

Bodhisattva v. Mayo: The DHC’s take on Trademark Infringement and the Missing Injunction Tests

/ By / Trademark

Breaking down the DHC DB decision in Bodhisattva Charitable Trust And Ors v Mayo Foundation for Medical Education and Research, on prior use and registration of a trademark, Srishti Gaur explains where the order falters with regard to assessing the three factors of interim injunction. Srishti is a third-year student at National Law University, Delhi. Her previous posts can be accessed here. Bodhisattva v. Mayo: The DHC’s take on Trademark Infringement and the Missing Injunction Tests By Srishti Gaur On 28

Bodhisattva v. Mayo: The DHC’s take on Trademark Infringement and the Missing Injunction Tests Read More »

Scroll to Top