Author name: SpicyIP

SpicyIP Weekly Review (November 17-November 23)

/ By / Copyright, Patent, Trademark

Here is a quick recap of the eventful week that we had. Last week, we announced the SpicyIP-jhana Blogpost Writing Competition 2025, an exciting opportunity for young IP enthusiasts to share their thoughts on the Indian IP landscape. We also had discussions on the Kenyan Court of Appeal decision refusing to reject a trademark application containing the term”Basmati” and the Delhi High Court DB’s order to pass an injunction against “Wow Burgers” holding the same to be deceptively similar to […]

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Succession (The Goenka Family Version): Bombay High Court Affirms Indian Express’s Primacy in Trademark Dispute

/ By / Trademark

In its recent judgment, the Bombay High Court settled the long-running conflict over the New Indian Express mark by examining the parties’ 1995 and 2005 settlement agreements. The Court ultimately granted an injunction against Express Publications (Madurai) Pvt. Ltd., limiting its use of the mark to specified territories. Explaining the family feud and the Court’s decision, Vasundra Koul explains how the Court might have failed in its interpretation of trademark principles vis-à-vis a contractual agreement. Vasundra is a fourth-year student

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CHC vs DHC: A Split Over Second Appeals in Trademark Cases

/ By / Trademark

A long-standing procedural puzzle in trademark appellate practice has resurfaced, this time before the Calcutta High Court. In a decision dated 4 November 2025, the Court in Glorious Investment Limited v. Dunlop International Limited has held that no Letters Patent Appeal lies from a Single Judge’s order passed under Section 91 of the Trade Marks Act. Mohamed Thahir Sulaiman writes on the ruling, explaining how it has reopened questions of consistency across High Courts and may well require Supreme Court

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Announcing the SpicyIP-jhana Blogpost Writing Competition 2025

/ By / Opportunities

In an exciting opportunity for young IP enthusiasts to showcase their writing and analytical skills, we’re thrilled to announce the SpicyIP–jhana Blogpost Writing Competition, 2025, organized in collaboration with jhana. As explained here, jhana is a platform and a tool for lawyers, offering access to legal datasets and AI assistants enabling legal research, review, and drafting. The competition will run for six weeks, starting today and ending on 30th December, during which shortlisted entries will be published on the blog

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Tying the Knot and Testing the Law: Musical Fair Use or Judicial Constraints?

/ By / Copyright

Highlighting the controversy surrounding demands for royalties for songs played during weddings, despite Section 52(1)(za), Rajesh Kumar and Akanksha Badika, using various principles of statutory interpretation, examine the legislative intent behind this provision and explain why such demands are not justified under the Copyright Act. Rajesh Kumar works as the Head of Legal and Akanksha Badika works as the Senior Legal Manager at Bhansali Productions, Mumbai (a film production house). Their practice predominantly revolves around copyright law, litigation and advising

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A Second Helping for Wow Momo: Delhi HC Serves Up a New Recipe for Trademark Protection

/ By / Trademark

The Delhi High Court Division Bench on October 16 set aside the single judge’s order, recognising that while ‘wow’ itself may be generic, the creative branding of “WOW + food-item” is protectable. Hafsah Azhar Ansari writes on the DB ruling, focusing on the Court’s finding on “idea infringement” and the implications of this ruling. Hafsah Azhar Ansari is a third year student at NALSAR University of Law, Hyderabad. A Second Helping for Wow Momo: Delhi HC Serves Up a New

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Lessons from APEDA’s Basmati GI-TM Defeat in Kenya

/ By / Geographical Indication, Trademark

The recent decision of the Court of Appeal of Kenya rejecting APEDA’s challenge to several ‘Basmati’ trademarks marks the latest chapter in a long-running cross-border dispute over geographical indications. Vikram Raj Nanda highlights how the ruling brings to the forefront key questions on the territoriality of IP rights and the boundaries between GI and trademark protection. Vikram Raj Nanda is a third year student at National Law School of India University, Bengaluru with a keen interest in IP law, Competition

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SpicyIP Weekly Review (November 10 – November 16)

/ By / Copyright, Others, Patent, Trademark

Last week was an exciting one, with ten blog posts covering a variety of issues, from the Delhi High Court’s decision on Section 3(i) to discussions on regulating deepfakes. We also had a post on the NCLAT’s order ousting the CCI’s jurisdiction over complaints alleging anticompetitive practices in patent disputes, and another on the copyrightability of styles. This and much more in this week’s SpicyIP Weekly Review. Anything we are missing out on? Drop a comment below to let us

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SpicyIP Tidbit:Trademarking BROCODE: Piqued Protectionism or Frivolous Claims?

/ By / Trademark

[The post is authored by Arshya Wadhwa. Arshya is a final year law student pursuing LL.B. She is extremely passionate about Intellectual Property Rights and law in sectors like Media and Entertainment and TMT.] The DHC recently passed an ad-interim injunction order in favor of Indospirit Beverages Pvt. Ltd., restraining Ravi Mohan Studios and its associates from using the trademark “BROCODE” as the title of their upcoming film. It is well established that the name of a film can be

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Deepfake Regulation: Same Problem, Different Approaches yet none is an Error-free Resolution!

/ By / Copyright

Adding to the discussion on proposed deepfake regulations in India (see here for a post on this by Akshat), Denmark (see here for a post on this by Arnav), and the Netherlands, Shama Mahajan analyzes the approaches adopted by these countries and examines the challenges of selecting appropriate legal frameworks to govern deepfakes. Shama is an LL.M. Candidate at the National University of Singapore, pursuing her masters in Intellectual Property and Technology Law.  Interested readers can tune in to the first

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