Author name: Vishno Sudheendra

Beyond Prius? The DHC’s ALPHARD Decision on Trans-Border Reputation

Introduction  The Delhi High Court (“DHC”), on 4th May 2026 in Toyota Jidosha Kabushiki Kaisha v. Tech Square Engineering Pvt. Ltd., overturned a Single Judge judgment (2023) and granted the mark “ALPHARD” well-known status while affirming its trans-border reputation. The judgment is noteworthy as it has articulated a test for trans-border reputation and has also observed that in luxury/niche markets, brand visibility and global reputation drive consumer awareness and not mass penetration.  In this blog post, I break down the judgment, […]

Beyond Prius? The DHC’s ALPHARD Decision on Trans-Border Reputation Read More »

ANI v. OpenAI: User Rights, Fair Dealing, and the Future of AI in Indian Copyright Law (Part II)

Part I examined the Court’s transformative approach to fair dealing, its recognition of Section 52 as embodying user rights, and its emphasis on public interest. Part II turns to the remaining issues: whether ChatGPT memorized or substantially reproduced ANI’s works, and whether the Delhi High Court rightly assumed territorial jurisdiction. No memorization, regurgitation or substantial reproduction – Issue II The Court split Issue II into two sub-issues [Para 75]:  The Court observed that ChatGPT could not have memorized (i.e., storage

ANI v. OpenAI: User Rights, Fair Dealing, and the Future of AI in Indian Copyright Law (Part II) Read More »

ANI v. OpenAI: User Rights, Fair Dealing, and the Future of AI in Indian Copyright Law (Part I)

The judgment in ANI v OpenAI has finally been pronounced! OpenAI’s use of ANI’s copyrighted works was held to be prima facie non-infringing. 24th July, 2026 would mark a monumental day in Indian IP history, not just because the DHC tackled a cutting-edge AI-copyright dispute while preventing copyright maximalism but also because of its emphasis on public interest and user rights embodied in the Copyright Act, 1957.  To be clear, this is only an interim order. Yet, anyone familiar with

ANI v. OpenAI: User Rights, Fair Dealing, and the Future of AI in Indian Copyright Law (Part I) Read More »

Scroll to Top