202606.22
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A Hybrid Path: How India Might Balance AI Innovation and Creative Rights

Background Imagine teaching a machine to paint like Raja Ravi Verma, write like Arundhati Roy, or compose music in a style reminiscent of A.R. Rahman. To achieve that, the machine must absorb thousands of hours of music, millions of pages of text, and vast collections of visual art. This is the central reality of generative…

202606.19
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The Right to be Forgotten: Privacy, Public Interest and the Role of Search Engines

The Delhi High Court’s recent judgment (Laksh Vir Singh vs. Union of India ) on the Right to be Forgotten marks a significant step in India’s privacy jurisprudence, especially in the context of digital accessibility and online discoverability. More importantly, it moves the doctrine beyond piecemeal recognition and lays down a structured framework for de-indexing…

202606.16
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No Safe Harbour for Dishonest Adoption: Delhi High Court Rejects CLAVIX’s Prior Use Defence

A significant trademark dispute concerning medicinal products came before the Delhi High Court, involving two major pharmaceutical companies and raising important questions regarding deceptive similarity, dishonest adoption, prior user rights, and pharmaceutical trademark protection. The Plaintiff, Sanofi, proprietor of the anti-thrombosis drug sold under the mark PLAVIX, instituted proceedings against Intas Pharmaceuticals Ltd. and its…

202606.10
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Copyright Cannot Be a Backdoor to Trademark Rights: Delhi High Court in ZOOOK Case

The Delhi High Court recently delivered a ruling concerning the intersection of trademark and copyright law while adjudicating a petition filed by Fortune Marketing Private Limited seeking cancellation of a copyright registration granted in favour of Gujarat Pesticides for the artistic work “ZOOOK.” The case raised significant questions regarding the extent to which copyright registration…

202606.04
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The Power of Reputation: Kerala High Court Extends Protection for Famous Food Brands

The Kerala High Court reaffirmed the strong protection accorded to registered and well-known trademarks while dismissing an appeal filed by Taste Box against an interim injunction granted in favour of JSF Holdings Private Limited, proprietor of the mark “LAZZA.” The dispute centred around the Defendant’s use of the mark “HAZZA” for restaurant services and raised…

202606.01
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Hindware v. Google: A New Chapter in Intermediary Liability

The Delhi High Court’s decision in Hindware v. Google marks an important development in the intermediary liability jurisprudence. By holding Google liable for trademark infringement through its AdWords program, the Court has narrowed the protective umbrella of “safe harbour” under Section 79 of the Information Technology Act, 2000. What makes this case truly significant is…