Bombay High Court’s refusal to recognise TikTok as well-known is “wrong”: Latha R Nair quoted
Latha R Nair, shared her thoughts with World Trademark Review on the recent Bombay High Court decision that upheld the denial of “well-known” status to the trademark ‘TikTok’. While TikTok remains a registered trademark, the Court held that its designation as a well-known mark under Rule 124 could be justifiably refused due to the national...
Delhi High Court grants interim relief to luggage brand Mokobara in trademark case
Bar and Bench covers K&S Partners’ recent success in representing luggage brand Mokobara, securing interim relief from the Delhi High Court in a hashtag#trademark infringement case. The Court found a strong prima facie case against the defendants selling suitcases bearing a virtually identical trade mark and trade dress as that of...
The ChatGPT and Studio Ghibli controversy: questions that are begging for answers
On March 26, 2025, OpenAI launched a new image generator feature of ChatGPT that allows users to turn pictures and memes into cartoon versions based on works by real animators.
These include Studio Ghibli, the famous Tokyo-based animation production company which created some of the most beloved cartoon movies...
Delhi High Court Bars JK Cement from Using Akzo Nobel’s Trademark
In an important decision, the Hon’ble High Court of Delhi has restrained JK Cement Ltd. (‘JK’) from using the trade mark “WEATHER SHIELD” in relation to cement.
Akzo Nobel Coatings International B V (‘Akzo Nobel’), an international conglomerate, owns one of the world’s most popular paint brands, DULUX which it uses...
Netflix and IP – The Rise and Rise of the OTT Platform Globally
In 2007, when Netflix switched from being a DVD rental store to providing online streaming services, the over-the-top (OTT) media service was considered a joke. How could online streaming compete with cable TV? But today, OTT platforms like Netflix, Disney+, and Amazon Prime Video have changed how the world ‘watches TV’!
While Netflix built an...
Google penalized by Delhi High Court for misrepresenting disclosures
In a notable judgment in early April, the IP Division of Delhi High Court dismissed Google LLC’s (Google) appeal against the rejection of its patent application by the Assistant Controller of Patents and Designs (Controller), and imposed a fine of Rs 1 lakh (~USD 1,200) on the tech giant for presenting incorrect information and failing to disclose...
Delhi High Court on the use of trademarks as keywords in Google Ads Program
Significant changes to benefit patent applicants and owners
The Delhi High Court ruled on two appeals involving Google’s use of trademarks as keywords in its Ads Program, finding that using trademarks as keywords does not inherently constitute trademark infringement, thus upholding Google’s practice in both...
Delhi High Court Restricts Sale of Refurbished Goods for ‘Reverse Passing-Off
Reverse passing off is not something that courts encounter every day. It occurs when a defendant purchases a plaintiff’s product, repackages, and sells it under the defendant’s mark or name, resulting in the public coming to associate the qualities of the plaintiff’s product with that of the defendant.
When this adversely...
Privacy rights are uninheritable; disclaimers in films asserting no connection with real-life incidents must be true
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Delhi High Court injuncts STREET ARMOR trademark in a suit by Under Armor Inc
In Under Armour, Inc. v. Aditya Birla Fashion & Retail Ltd, Under Armour Inc (UAI), the American company trading in sports apparel, took Aditya Birla Fashion & Retail Ltd (Aditya Birla) to the Delhi High Court for trademark infringement.
UAI asserted its rights in its registered trademarks UNDER ARMOUR and STRT ARMR against Aditya Birla’s trademarks STREET ARMOR, STRT ARMR and a logo...