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Tag: protection

Delhi High Court Puts Instagram’s ‘Remix’ Feature Under the Copyright Lens

October 3, 2026
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| Categories: Copyright
Delhi High Court

On 29 September 2026, the Delhi High Court turned its attention to a feature that millions of Indian Instagram users reach for every day: "Remix." In a suit filed by Dr. Vikas Divyakirti, the well-known founder of Drishti IAS, against Meta Platforms, Justice Anup Jairam Bhambhani did not mince words about how the feature can be misused, reportedly remarking that it amounted to "a tool for copyright violation" and a "mischievous feature." For IP practitioners and content creators alike, the case is worth watching closely, because it sits squarely at the intersection of copyright infringement, platform design, and intermediary liability under Indian law. The Dispute: Divyakirti v. Meta Platforms Dr. Divyakirti's lectures and video content, widely circulated on social media,...

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

October 1, 2026
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| Categories: Intellectual Property, Trademark
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

September 27, 2026
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| Categories: Intellectual Property
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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Copyright Registration in India: Procedure, Timelines and Common Pitfalls

September 23, 2026
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| Categories: Copyright

Copyright protection in India arises automatically the moment an original literary, dramatic, musical or artistic work, or a cinematograph film or sound recording, is created and fixed in a tangible form. Unlike a trademark or a patent, no registration is required to bring a copyright into existence. Yet every year, thousands of authors, publishers, software companies, and businesses apply to register their works with the Copyright Office in India. Why bother with a formality the law does not strictly require? This article explains what copyright registration actually does, how the process works, and where applicants commonly go wrong. Copyright Exists Without Registration – So Why Register? Under the Copyright Act, 1957, copyright subsists in a qualifying work from the moment...

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Why your trademark could be refused?

November 8, 2024
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| Categories: Intellectual Property, Trademark, Uncategorized

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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The Benefits of Trademark Protection on E-commerce Platforms like Amazon and Flipkart

October 30, 2024
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| Categories: Intellectual Property, Trademark, Uncategorized

In today's competitive e-commerce environment, platforms like Amazon and Flipkart have become essential avenues for businesses to reach a vast, global audience. These platforms provide immense growth potential, but they also bring the risk of counterfeiting, brand dilution, and unauthorized use of a company’s intellectual property. For businesses looking to build trust and stand out, obtaining trademark protection is essential. Here’s a look at the numerous benefits trademarks provide on major e-commerce platforms like Amazon and Flipkart. 1. Brand Protection Against Counterfeits One of the most significant benefits of having a registered trademark on e-commerce platforms is the added protection it provides against counterfeiting. Counterfeit products can seriously damage a brand's reputation, as customers may associate poor quality or inferior...

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