Author name: SpicyIP

Sip, Sample, Sue? Budweiser’s One-Second Spin Through Copyright Foam

/ By / Copyright

The Budweiser’s recent one second ad campaign has drawn legal scrutiny across the board on the issues of copyright infringement and licensing. Sharing his thoughts on the controversy, S. Sri Ganesh Prasad analyses it from the lens of originality, protectability of fragments, and market substitution. Ganesh is a third-year B.A. LL.B. (Hons.) student at the West Bengal National University of Juridical Sciences (WBNUJS), Kolkata. He is interested in a wide range of private and commercial law subjects, including arbitration, intellectual […]

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Double-Dipping via Design? Why the Crocs Judgment on Trade Dress and Design Rights Wrongly Mixes it Up

/ By / Design, Overlaps in IP, Trademark

A division bench of the Delhi High Court recently passed a judgment addressing whether a remedy against a passing off allegation be sought for a design registered under the Designs Act. The judgement was passed in an appeal arising out of two orders of a single judge passed in Dart Industries v. Vijay Kumar Bansal and Crocs v. Bata (which was passed after clubbing together 5 suits), and relies extensively on a DHC 5 judge bench decision in Carlesber v.

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Delhi HC Orders ₹290 Cr Interim Deposit In A Patent Dispute

/ By / Patent

The Delhi High Court recently passed an order directing a Korean telecom equipment manufacturer to deposit INR 290 Crore as an interim security in a patent infringement dispute filed by a Canadian company. Taking a look at the decision, S. Sri Ganesh Prasad explains the Court’s rationale and looks at some of the other previous decisions where the courts have directed for such an interim relief. Ganesh is a third-year B.A. LL.B. (Hons.) student at the West Bengal National University

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Trademark Tussle on Two Wheels: Yamaha v. Trademark Registrar

/ By / Trademark

Taking a look at the BHC’s judgement in Yamaha v. Registrar of Trademarks, Anureet Kaur explains how the Registrar erred in non application of Section 20(1) of the Trademark Act. Anureet is a second-year B.A. LL.B. (Hons.) student at Rajiv Gandhi National University of Law, Punjab. She has a keen interest in Intellectual Property Law and enjoys exploring the intersection of legal principles with innovation and creativity through research and writing. Her previous posts can be accessed here. Trademark Tussle on

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Webinar on the U.S.–India FTA and Beyond: Trade Policy Challenges to Affordable Medicines (July 8, 2025)

/ By / Event

Working Group on Access to Medicines and Treatments invites you to a webinar on the issues of access to medicines in the backdrop of US-India Free Agreement negotiations. For more details, please check their invitation below. Webinar on the U.S.–India FTA and Beyond: Trade Policy Challenges to Affordable Medicines (July 8, 2025) As India and the United States move closer to finalising a Free Trade Agreement (U.S.-India FTA), there is growing concern about its potential impact on access to medicines.

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SpicyIP Weekly Review (June 30 – July 6)

/ By / Copyright, Others, Patent, Trademark

The Prada Kolhapuri Chappals fiasco, thoughts on alternative prizes for sickle cell treatment and analysis on the US judgements on the GenAI- copyright debate. This and much more in our weekly roundup of our blog posts, case summaries, and top IP developments in the country and the world. Anything we are missing out on? Drop a comment below to let us know. Highlights of the Week The Devil Wears Kolhapuri or Prada? Understanding GI Law, Cultural Appropriation & More The

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Hear! Hear! Prizes Worth Crores for Bringing New Blood into Sickle Cell Innovation 

/ By / Innovation

Explaining the Ministry of Tribal Affairs’ initiative- Bhagwan Birsa Munda Prize for Development of Drug for Sickle Cell Disease, Arnav Kaman discusses the prize model of incentivising innovation. Arnav is a 3rd Year Law student from Rajiv Gandhi National University of Law, Punjab. He’s interested in Narratives and the Law. His previous post can be accessed here.   Hear! Hear! Prizes Worth Crores for Bringing New Blood into Sickle Cell Innovation  By Arnav Kaman In the eyes of the patent system for

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[Part II] Obiter > Ratio: The Good and Bad in the First Two American Decisions on Generative AI and Copyright

/ By / Copyright

Following the discussion on Judge Alsup and Judge Chhabria’s findings in Anthropic and Meta cases respectively on lawfulness of the acquired copy, Akshat Agrawal discusses their findings on market dilution and assesses these findings from the lens of the Indian Copyright law. Akshat is a practicing litigator working at Saikrishna and Associates. He did his LLM from Berkeley Law in 2023 specialising in IP and Tech law. His previous posts can be found here. He adds the following disclaimer: After some discussion around

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[Part I] Obiter > Ratio: The Good and Bad in the First Two American Decisions on Generative AI and Copyright

/ By / Copyright

On the recent decisions by the Court in the Northern District of California on the copyright vs. Gen AI debate, Akshat Agrawal highlights the conflicting findings of the judges on fair use in this two-part post. In Part I, he examines the disagreement between the judges on the ‘lawfully acquired first copy’ requirement under the fair use exception, from the lens of the Indian Copyright law. Part II will discuss the findings on the market dilution theory. Akshat is a

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SpicyIP Weekly Review (June 23- June 29)

/ By / Copyright, Patent, Trademark

And that’s a wrap on the inaugural edition of the SpicyIP Summer School! After a dynamic week packed with discussions on IP law and valuable life lessons, the first-ever SpicyIP Summer School concludes on a high note. Last week also featured a two-part post delving into the new performance metrics recently adopted by the Patent Office. Highlights of the Week First Ed. of the SpicyIP Summer School Wraps up! After a rigorous week of intense sessions on Pharma and creativity,

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