Trademark

Onto Clearing the Jurisdictional Clutter

/ By / Copyright, Others, Trademark

Introduction “With the internet, the question of ‘territorial’ jurisdiction gets complicated largely on account of the fact that the internet is borderless.” A sentiment raised by Justice Muralidhar in 2010 still rings true in 2026 (has perhaps turned more complicated). While the journey of determining jurisdiction has taken several turns since then, it has now reached a new one with Hindustan Unilever Limited v Kwick Living (I) Private Limited. The suit, filed in the DHC, sought a permanent injunction against […]

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Jyothy Labs logo featuring a blue flower-like emblem with yellow accents, followed by the words “Jyothy Labs” in blue.

Saved by the Facts: A Critical Look at the Doctrinal Stretches in Jyothy Labs v. Dabur

/ By / Trademark

At first glance, Jyothy Labs v. Dabur looks like a fairly straightforward trademark dispute over the use of “NEEM” on toothpaste packaging. But beneath the favourable factual matrix lies a shakier doctrinal foundation, particularly on essential-feature protection, the descriptive–suggestive divide, and passing off. In this post, Harsh Kashyap examines how the Bombay High Court reached what may well be the right result on the facts, while questioning whether parts of its reasoning can safely travel beyond them. Harsh is a

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SpicyIP Weekly Review (August 24-August 30)

/ By / Copyright, Drug Regulation, Others, Patent, Trademark

After an action-packed week, we have posts remembering one of the most remarkable IP administrators– Mr. P. H Kurian, on the appointment of an amicus in the Vivek Oberoi personality rights case, and on the DHC decision in Array Biopharma Inc. v. Deputy Controller of Patents. This and much more in the last Weekly Review of the month. Anything that we are missing out? Drop a comment and let us know. Highlights of the Week Remembering Mr. P. H. Kurian

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Black-and-white logo of the Khadi and Village Industries Commission (KVIC), featuring a map of India with a spinning wheel at the centre, surrounded by Hindi text and the initials “KVIC,” with a Sanskrit motto below.

What Follows a Breach? Bombay High Court Separates Disobedience from its Consequences

/ By / Trademark

When a court finds that its interim injunction has been wilfully breached, should punishment necessarily follow? Harsh Kashyap explores this in light of the Bombay High Court decision in KVIC v. Jaishukh N. Bhuta, explaining how the Court draws an important distinction between establishing disobedience and deciding its consequences, clarifying that Order XXXIX Rule 2A is primarily meant to secure compliance rather than punish past conduct. Harsh is a 3rd-year B.Sc. LLB student at NFSU Gandhinagar. What Follows a Breach?

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SpicyIP Weekly Review (August 17-August 23)

/ By / Copyright, Patent, Trademark

Starting the week with our weekly roundup of key IP developments and posts on Mavyret patent abandonment, calls for comments on new patent and trademark manuals, and the DHC’s decision in Intra Cellular Therapies v. Controller. This and a lot more in this week’s SpicyIP Weekly Review. Anything we are missing out on? Drop a comment and let us know below. Highlights of the Week Mavyret Patent Abandonment Does Not Open the Field for Hepatitis C Generics Does one patent

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SpicyIP Tidbit: CGPDTM Calls for Comments and Suggestions on New Draft Patent and Trademark Manuals (2026)

/ By / Others, Patent, Trademark

The office of the Controller General of Patents, Designs and Trademarks (CGPDTM) has released two new notifications regarding updates to the office manuals. Yesterday, the office invited comments and suggestions from stakeholders on the Draft Manual of Patent Office (Practice & Procedure), 2026, to be submitted within the next 30 days. Today, the office has invited suggestions on the Draft Manual of Trademark Office (Practice & Procedure), 2026, but within a lesser window of the next 15 days. Comments on the draft manuals

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SpicyIP Weekly Review (August 10- August 16)

/ By / Copyright, Patent, Trademark

Kicking off the week with a roundup of exciting IP developments from August 10 to August 16, in this edition of the SpicyIP Weekly Review. Discussions on the DHC’s decision in Saregama v. Ilaiyaraaja, Guidelines on Section 3(m) examinations by the Delhi High Court, and a post on India’s ISP copyright problem. This and much more in this week’s SpicyIP Weekly Review. Anything we are missing out on? Drop a comment and let us know. Highlight of the Week Playing

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SpicyIP Weekly Review (August 3- August 9)

/ By / Copyright, Patent, Trademark

[The Weekly Review is authored by Vishwas Kumar Tripathi. Vishwas is a 4th year law student at RGNUL, Patiala.] Posts on MeitY’s stricter compliance rules for takedowns, Delhi High Court’s decision in HBO v. Streamzy[dot]to, Madras High Court’s Bolar judgement in Novartis v. Venkata Narayana Active Ingredients, and Delhi High Court’s Alphard decision. This and much more in the second SpicyIP weekly review for August. Anything we are missing out on? Drop a comment and let us know. Highlights of

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

/ By / Trademark

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,

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SpicyIP Weekly Review (27 July-2 August)

/ By / Copyright, Drug Regulation, Others, Patent, Trademark

Stepping into August with posts on the DHC’s order in ANI v. OpenAI, Interdigital v Transsion, the Ribociclib saga, and digital archive. This and much more in this week’s SpicyIP Weekly Review. Anything we are missing out on? Drop a comment and let us know. Highlights of the Week ANI v. OpenAI: User Rights, Fair Dealing, and the Future of AI in Indian Copyright Law (Part I) The Delhi High Court’s much-awaited interim order in ANI v. OpenAI addresses several

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