A significant dispute in the FMCG sector arose between Emami Limited and Dabur India Limited, with allegations that Dabur had adopted a deceptively similar trade dress in the cooling oil segment. Aggrieved by what it alleged as a calculated attempt to ride upon its market reputation, Emami instituted a passing off action seeking injunctive relief…

The recent amendments to India’s Information Technology (Intermediary Guidelines and Digital Media Ethics Code Rules), notified on 10 February 2026 and set to take effect from 20 February 2026, signal a decisive regulatory shift for digital platforms. While the objective of addressing misinformation and harmful AI-generated content is well-intentioned, the compliance implications for intermediaries are…

The Madras High Court recently examined a series of rectification petitions filed by The Procter & Gamble Company (P&G) against IPI India Private Limited and another, raising questions on deceptive similarity, descriptive marks, and the limits of exclusivity in trademark law. The dispute centred on whether the respondent’s marks “VAPORIN” and “VAPORIN COLD RUB” unlawfully…

Background Alkem Laboratories Ltd. instituted a suit before the Delhi High Court against Prevego Healthcare and Research Pvt. Ltd., alleging trademark infringement, copyright infringement, passing off, and allied reliefs. Alkem asserted rights in its marks ATOZ-NS, , copyright in its stylised logo , and its distinctive trade dress , and sought to restrain the Defendant…

Delhi High Court recently reaffirmed the robust protection accorded to well-known trademarks while granting interim injunctive relief in favour of Havells India Ltd. in a trademark infringement and passing off dispute involving the marks “CAWELS” / “CAWELS ELECTRIC.” The decision underscores the Court’s strict approach towards deceptive similarity and dishonest adoption, particularly where identical goods…

The principle of “clearing the way” has become a significant, though non-statutory, aspect of Indian patent litigation, particularly in cases involving interim injunctions. This concept, borrowed from UK and European patent law, expects a party intending to enter a market to address any known patent obstacles in advance rather than adopting a “launch first, litigate…

Introduction In a significant ruling reaffirming the limits of trans-border reputation under Indian trademark law, the Division Bench of the Delhi High Court set aside an order of the Single Judge directing cancellation of the BLUE-JAY trademark registered in favour of Mr. Sumit Vijay and anr. The Court held that global reputation, online presence, and…

The internet has transformed how businesses reach consumers, but it has also quietly created new avenues for deception. What once required physical imitation fake labels, counterfeit goods, misleading shopfronts can now be achieved with a single domain name and a convincing website. The Delhi High Court’s judgment in Dabur India Limited v. Ashok Kumar &…

“Earth provides enough to satisfy every man’s needs, but not every man’s greed”. Mahtma Gandhi With the world becoming more aware of environmental concerns, consumers are gravitating towards products that are purported to be green, sustainable, or environmentally friendly. However, not all such claims are as real as they appear. The businesses riding on this…

Introduction In a significant decision reaffirming the strength of well-known house marks in trademark law, the Delhi High Court dismissed a rectification petition filed by Holy Cow Foundation seeking removal of the trademark “PATANJALI GONYLE FLOOR CLEANER”, registered in Class 5 in favour of Patanjali Gramodyog Nyas (Trust) and others. The Court held that the…