Passing Off in Indian Trademark Law: What It Is and How It Differs from Infringement

Delhi High Court

Business owners often assume that owning a registered trademark is the only way to stop someone else from copying their brand. In reality, Indian law recognises a second, older remedy that operates independently of registration altogether: the common law action of passing off. Understanding how passing off works, and how it differs from a statutory infringement claim, is essential for any brand owner deciding how to protect a name, logo, or get-up in the Indian market. What Is Passing Off? Passing off is a common law tort, not a right created by statute. It protects the goodwill a trader has built up in connection with their goods or services, and prevents a rival from misrepresenting their own goods or services...

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Delhi High Court Says No to Blanket Injunctions in Personality Rights Cases

Delhi High Court

On 18 September 2026, the Delhi High Court handed down an order that IP and media law practitioners across India have been discussing all week. In a suit filed by actor Meenakshi Chaudhary against unidentified defendants over non-consensual, sexually explicit AI-generated content bearing her likeness, Justice Anup Jairam Bhambhani granted an ex-parte ad-interim injunction directing takedown of the obscene material — but pointedly declined to grant the sweeping, "blanket" injunction her counsel had sought over all unauthorised uses of her image and persona. The order was reportedly passed alongside similar personality rights suits filed by other film actors, with the Court signalling an intent to lay down a more structured framework for how such claims should be evaluated going forward....

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US Trademark will get costlier by 140% in January 2025

The United States Patent and Trademark Office (USPTO) has announced a series of proposed fee increases for trademark filings and maintenance, expected to take effect in late 2024 and 2025. These changes aim to cover rising operational costs, fund technological improvements, and maintain the integrity of the trademark register by discouraging overly broad filings. Source: https://www.federalregister.gov/documents/2024/11/18/2024-26644/setting-and-adjusting-trademark-fees-during-fiscal-year-2025. Key Changes: Trademark Application Fees: The standard filing fee will remain $350 per class, but additional costs will be imposed for customized descriptions of goods/services. For instance, using non-standard descriptions will incur an extra $200 per class. Applications with descriptions exceeding 1,000 characters or insufficient detail will also face surcharges. Intent-to-Use Applications: Filing Amendments to Allege Use (AAU) and Statements of Use (SOU) will...

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What’s cooking between Dhanush and Nayanthara? Copyright Infringement

The legal battle between Nayanthara and Dhanush centers around a dispute over the use of behind-the-scenes footage in a Netflix documentary about Nayanthara’s career. The controversy began when Nayanthara's team included a clip from the making of Naanum Rowdy Dhaan, a film produced by Dhanush. Dhanush sent a legal notice demanding the removal of the footage, arguing that as the producer of the film, he held exclusive rights to all materials related to it. He claimed that the footage was used without proper authorization, and if the clip wasn’t removed, he would seek damages. Nayanthara, in response, expressed her disappointment over the situation. She explained that she had made efforts to obtain the necessary permissions, including trying to secure a...

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Will CGPDTM India hike the trademark fee followed by USPTO?

Trademark Fee Adjustments in the U.S.: A 2025 Overview Effective January 18, 2025, the United States Patent and Trademark Office (USPTO) will implement a new trademark fee structure, introducing changes to ensure the financial sustainability of its operations while aligning fees with service costs. Below is a detailed breakdown of the changes in trademark fees. Key Fee Changes The new structure replaces some existing fees, introduces additional charges for certain application behaviors, and adjusts post-registration fees. The highlights are summarized in the table below: DescriptionCurrent FeeNew FeeChange ($)Percent Change (%)Trademark Application Filing FeesPaper Application (per class)$750$850$10013%Base Application (electronic, per class)N/A$350N/AN/AApplication via WIPO (per class)$500$600$10020%Surcharge FeesInsufficient Information (per class)N/A$100N/AN/AFree-form Text Entry (per class)N/A$200N/AN/AAdditional 1,000 Characters in Free-formN/A$200N/AN/APost-Registration Maintenance FeesSection 8 Declaration...

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Why your trademark could be refused?

Trademark objections in India commonly arise due to several reasons, often identified during the examination process by the Trademark Registry. Here are some of the typical reasons: Similarity to an Existing Trademark: If the applied trademark resembles an already registered mark or a pending application in appearance, sound, or concept, the registry may object, as it may lead to consumer confusion. Descriptive or Non-Distinctive Marks: Trademarks that describe the goods or services rather than distinguishing them (e.g., "Sweet" for a candy brand) can be refused. Similarly, marks that lack distinctiveness, such as common or generic terms, are often objected to. Prohibited or Offensive Words: Marks that contain prohibited or offensive terms under Indian law, such as those that may hurt...

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