Region: India

India: Practical application of legislation to enhance dispute resolution efficiency

Featured in The Trademark Prosecution Review 2025

As India continues to evolve as a major player on the global IP stage, it is essential for rights holders to understand the criteria for registration. New IP divisions at the Delhi and Madras High Courts aim to improve the efficiency of trademark prosecution and enforcement, aided by the robust framework of the Trademarks Act.

06 September 2024

Pune court allows local restaurant to use BURGER KING mark following 13-year dispute

The judgment serves as a warning that trademark rights are significantly influenced by actual use in India.

05 September 2024

Lacoste wins long-standing trademark infringement battle at the Delhi High Court

After a dispute spanning 23 years, the Delhi High Court has ruled in favour of Lacoste and permanently restrained sports fashion brand Crocodile International from using its standalone crocodile logo in India. The decision sheds light on territoriality of trademark rights when it comes to international coexistence agreements.

05 September 2024

NO FAKES introduced; ASEAN design law treaty; El Salvador’s new IP law – legislation and policy watch (August 2024)

WTR’s monthly column tracks trademark and related policy developments, including the progress of major bills, from around the world.

02 September 2024

FIGHTER owner obtains ex parte injunction against FITTER

The decision underscores the significance of safeguarding established trademarks from potential infringement.

02 September 2024

Revealed: this year’s Asia-Pacific Trademark 50

We examine the companies protecting trademarks en masse in Australia, China, India, Japan and South Korea – revealing both the largest trademark portfolio owners and the most active filers of the past year.

29 August 2024

Defendant’s argument of “affection” and “devotion” for his sister for adoption of ADIDAS leaves Indian IP world in splits

This case will arguably be remembered for its “hilarious” justification for the adoption of the ADIDAS mark.

29 August 2024

Bollywood singer prevails in first AI voice-cloning infringement decision in India

The Bombay High Court has ruled in favour of Bollywood celebrity Arijit Singh in an infringement dispute. This first-of-its-kind decision will be critical for future personality rights protection cases in India as it highlights the growing need to reconcile IP rights with the evolving capabilities of AI.

29 August 2024

New Delhi High Court sides with Lacoste; INTA partners with FTC; journalists sue Anthropic – news digest

In our latest round-up, we look at a TikTok authentication partner expanding into sneakers, counterfeit Apple and Samsung products being seized in Canada, and more

20 August 2024

India: High court jurisdiction questions set to reshape IP litigation

Featured in Trademark Litigation Review 2025

The Indian IP landscape is evolving rapidly, and recent developments are moulding litigation while also raising contentious issues. The jurisdiction of India’s high courts is in the spotlight, particularly when it comes to handling trademark rectification cases under the Trademarks Act. It is hoped that a more rigorous assessment of jurisdiction will discourage abusive filings.

20 August 2024