Trademark

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SpicyIP Weekly Review (July 13- July 26)

A round-up of all the important developments from the last  2 weeks, here is the SpicyIP Weekly Review featuring discussions on the Delhi High Court decision in the OpenAI case, the comments submitted to CDSCO on brand name extension, and the missing public consultations on the proposed Copyright Act amendments. This and much more in this week’s Weekly Review. Anything we are missing out? Drop a comment and let us know. Highlights of the Weeks Training ChatGPT on Copyrighted Works […]

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Comments on CDSCO’s Brand Name Extension Policies

Earlier this month, we had shared the news of CDSCO inviting comments on the long standing problem of Brand Name Extensions (BNE) practices. While this problem is one with severe consequences, it appears to have very little public discourse around it. Thanks to the quick work of 2 very industrious SpicyIP Summer School alumni, Rishabh Upadhyay and Umeshawari Ranjan, we were able to put together and send some comments just in time for the deadline. Instead of putting out the

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SpicyIP Weekly Review (July 6-July 12)

Bringing you a roundup of all the important IP developments from the last week, here is the SpicyIP Weekly Review featuring posts on the ongoing Satluj controversy, reflections on the SpicyIP Summer School 2026, and the Bombay High Court ruling on Black Diamond Motors Pvt. Ltd. v. Registrar of Trade Marks. 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 Reflections from

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A Procedural Servant or a Master of Delay? A Critical Legal Analysis of the Bombay High Court’s Ruling in Black Diamond Motors

The Bombay High Court’s recent decision in Black Diamond Motors Pvt. Ltd. v. Registrar of Trade Marks marks a significant departure from the Delhi High Court’s strict approach to procedural timelines under the Trade Marks Rules, 2017. Pragya Jain explains that while the judgment seeks to prioritise substantive justice over procedural defaults, its interpretation of Rule 45 raises important questions about legislative intent, procedural certainty, and the future of trademark prosecution. Pragya is a Senior Associate at Inttl Advocare and

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Brand Name Extensions by Pharma May Finally Be Receiving Scrutiny? 

On July 6, the Directorate General of Health Services, Central Drugs Standard Control Organization (CDSCO), published a notice inviting comments on the use of brand name extensions by Pharma Companies. This stems from a representation made before the Drugs Consultative Committee alleging that a pharma company was selling different formulations under one brand name with different extensions. However, this problem has been a long-standing one, as explained by Prashant and Dinesh Thakur.  In effect, this notice seems to be towards

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SpicyIP Weekly Review (29 June – 5 July)

What an eventful week it was, with the post announcing the long-awaited results of the SpicyIP-jhana Blogpost Writing Competition, and posts on legal deposits, black-box AI, and house marks. 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 Announcing the Results of SpicyIP-jhana Blogpost Writing Competition 2025 After carefully reviewing a range of thoughtful and insightful entries from participants across the

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House Marks without a Doctrine: The Unsettled Law Behind Flipkart vs. Marc

The Supreme Court’s refusal to stay the injunction in Flipkart v. Marc has brought an overlooked trademark question back into focus: can a well-known corporate or “house” brand reduce the likelihood of confusion with a competing mark? Bindushree M argues that while Indian courts increasingly rely on the idea of house marks, the Trademarks Act provides no coherent framework for doing so. Bindushree is a student at NLSIU. House Marks without a Doctrine: The Unsettled Law Behind Flipkart vs. Marc

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SpicyIP Weekly Review (15 June-28 June)

[This weekly review is authored by Vikram Raj Nanda. Vikram is a third-year student at National Law School of India University, Bengaluru, with a keen interest in IP law, Competition Law, and Arbitration. His previous posts can be accessed here.] After wrapping up the second edition of SpicyIP Summer School, we are back with the SpicyIP Weekly Review covering the developments from the last 2 weeks. From a historical reflection on the reversionary right in copyright law and its disappearance from

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When Reputation Travels but Goods Do Not: The Delhi HC on Transborder Reputation in the ‘Whistler’ Dispute

The Delhi High Court has once again weighed in on the evolving doctrine of transborder reputation, this time in a dispute over the mark ‘Whistler’ between an Irish whiskey producer and an Indian liquor company. In this post, Vikram Raj Nanda examines how the Court reaffirmed the territoriality principle, the evidentiary threshold it set for proving transborder reputation in the digital age, and what this could mean for future trademark disputes. Vikram is a third-year student at National Law School

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SpicyIP Weekly Review (June 8-June 14)

A three-pass funnel for patent searches and NLUJ’s call for papers for the latest volume of the Journal of Intellectual Property Studies feature in this edition of the SpicyIP Weekly Review. Anything we are missing out on? Drop a comment and let us know. [Sponsored] 300 to 30 to 5: A Three-Pass Funnel for Patent Searches Under Deadline Finding relevant patents is no longer the bottleneck. The bottleneck is deciding which of the hundreds of relevant records actually matter and

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