When Art Becomes Design: Understanding Section 15(2) of the Copyright Act

When does an artistic work stop being protected as copyright and start being treated as an industrial design? This question has become increasingly important for businesses in fashion, textiles, jewellery, product design, architecture and technology, where creative works are often commercially applied to products at scale. This overlap in Indian law has been addressed by the intersection of the Copyright … Read More

Zee v. Nykaa – Navigating Music Licensing in the Realm of Digital Media Marketing

Introduction The recent Zee v. Nykaa copyright infringement matter[1] has brought to surface a crucial copyright issue pertaining to commercial use of copyrighted music available on various social media platforms. An often-overlooked part of copyright, this case delves deep into discussing whether the ready availability of copyrighted music on social media platforms, allows third-party brands to use it for promotion … Read More

Graphical User Interfaces are Registrable Designs; clarifies the Calcutta High Court

Introduction The Indian Courts have in recent times tried to keep up with the pace of digital innovations, and in doing so, have rendered liberal interpretations of the law. Be it understanding the personality rights of digital creators[1] or gauging the level of protection required for AI-generated works[2] under copyrights, or protecting rights of brand owners in respect of their … Read More

Expanding the Realms of Trademark Distinctiveness, Family of Marks, and Infringement – Debriefing the Wow Momo v. Wow Burger case

Introduction Trademarks are one of the primary businesses/commercial tools that enables public to identify and associate goods and services as emanating from a particular trader/ brand owner / proprietor/entity. At the core of Trademark law, lies the doctrine of distinctiveness, which may either be inherent, or built over time by use and promotion, i.e., acquired. Time and about, through a … Read More

Shape Marks Protection in India: The Tale of Two Courts

Introduction The paradigm of Trademark law has undergone a sea change and now travels beyond the traditional and conventional concepts of word mark, logo mark and label marks. The definition[1] accorded to a ‘mark’ under the Trademarks Act, 1999 (“Act”) encompasses a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours … Read More

Descriptive Use Defence In Trademark Disputes: How Far Can It Really Be Pushed?

A trademark stands as the face of a business and reflects who is behind the product and what kind of quality to expect. It is the embodiment of origin, goodwill, reputation and quality associated with a particular business. When another business adopts an identical or deceptively similar trademark, it not only infringes on the trade mark, but also attacks on … Read More

When Place Becomes A Brand: The Story Of Geographical Indications And Beyond

Exclusively produced in the Ponduru village in Andhra Pradesh, Ponduru Khadi,also known as Patnulu, has not just remained a fine quality cotton fabric that was once revered by Mahatma Gandhi. As per a recent consideration and allowance by the Intellectual Property Office, this cotton fabric has been accorded the protection of geographical indication (GI), more commonly known as a GI … Read More

Personality Rights and Digital Misuse: Key Takeaways from Delhi HC’s Raj Shamani Order

Introduction With the recent Raj Shamani order, the spectrum of personality rights has seen a new light, moving beyond its conventional association with the film and music personalities and extending into the realm of digital media. IP theft in the Indian creator economy is, unfortunately, very common. The more a creator or their content gains visibility, the more frequently we … Read More