SSRana Newsletter 2025 Issue 05

Patentability Search vs Freedom to Operate (FTO) Search : What Innovators Must Know Before Going to Market

Before taking your brilliant idea to market, there is a vital distinction you MUST understand: Patentability vs. Freedom-to-Operate (FTO) searches. A patentability search answers “Can I get a patent?” – but it does not tell you if your product infringes existing patents. That is where an FTO search comes in. Ignoring this critical step can lead to costly legal battles, product recalls, or even injunctions. Learn why innovators must perform an FTO search before commercialization to avoid devastating market entry pitfalls. Do not let your innovation become a legal liability!

IP falls within the purview of “property” under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act

Many legal definitions of “property” focus on physical assets, but a crucial judgment passed by the Hon’ble Bombay High Court has expanded this to include Intellectual Property within the SC/ST (Prevention of Atrocities) Act. This ensures that the intellectual contributions of Scheduled Castes and Tribes are recognized as valuable assets, deserving of protection and compensation if harmed by discriminatory acts.

From Fashion to Courtroom: House of Masaba Strikes Back!

Behind every stunning design lies immense creativity, and House of Masaba is ensuring theirs is fiercely protected. Our latest insight reveals how the brand is leveraging legal avenues to combat alleged design infringement. This case highlights the critical importance of design protection in the fast-paced fashion industry and the bold steps brands are taking to defend their originality.

Brief Customer confusion enough to prove trademark infringement: Delhi High Court

Ever think a quick mix-up does not matter in the world of trademarks? Think again! Recently the Hon’ble

Delhi High Court just dropped a bombshell, ruling that even brief customer confusion is enough to prove infringement. This means brands can now strike back faster and harder against look-alikes.

Sanitary Napkins v. Medicines: Delhi High Court on Dissimilar Goods in Same Class

Similar Names, Different Needs: Can a Sanitary Napkin and a Constipation Medicine Really Spark Trademark Confusion? In a thought-provoking judgment, the Hon’ble Delhi High Court recently weighed in on whether similar-sounding trademarks used for entirely different products could lead to consumer confusion. The outcome offers valuable insight into how courts assess trademark disputes within the same class.

RCB bowled out: Court dismisses plea over Uber moto’s Travis head ad

In a verdict that champions the spirit of sportsmanship, the Delhi High Court has dismissed Royal Challengers Bangalore’s (RCB) plea against Uber Moto’s ad featuring Travis Head. The court ruled that the “Royally Challenged Bengaluru” ad was merely light-hearted banter and healthy humour, common in sporting rivalries, rather than trademark disparagement or infringement. This decision underscores a balanced approach to IP protection and commercial free speech in advertising.

Delhi HC barred Ghadi from disparraging surf excel: Dag Ache Hai Par Defamation Nahi

In today’s interconnected marketplace, securing your brand’s identity across borders is more crucial than ever. The Madrid Protocol offers a streamlined path to international trademark protection, but are you fully leveraging its potential? From understanding subsequent designations to mastering renewal strategies, there is more beneath the surface than meets the eye. Could overlooking these nuances be putting your global brand at risk?

Licensing at What Cost? Delhi HC Flags Arbitrary Tariffs by PPL

Planning an event with music? You’ll want to read this! The Delhi High Court has taken a firm stance against the arbitrary tariff demands of Phonographic Performance Limited (PPL). By questioning the basis of PPL’s flat-fee licensing model, the court has opened the door for a more transparent and reasonable approach to music royalties. This decision is a win for event organizers, businesses, and anyone looking to legally play music, aiming to ensure that the cost of creativity doesn’t stifle public enjoyment or commercial ventures.

Greenwashing: Marketing Gimmick or Deceptive Trade Practice

Is that “eco-friendly” label on your product truly green, or is it just a clever marketing gimmick? This article exposes the growing concern of “greenwashing” – deceptive practices where companies mislead consumers about their environmental claims. Learn how to spot vague claims, misleading imagery, and hidden trade-offs, and why regulators are stepping up to ensure what’s pitched as green truly is.

Not So Subtle: The Ad That Sparked a Skincare Showdown

You have seen the ads that compare products without outright naming competitors. But can such “subtle” comparisons cross the line into trademark disparagement? Our latest piece unpacks a fascinating legal dispute in the skincare industry, where an ad, designed to promote one brand, allegedly cast a shadow on another’s. This case highlights the fine legal tightrope advertisers walk, demonstrating that even implied criticisms can ignite a courtroom battle over brand reputation and fair competition.

S.S.Rana & Co., recognized as an “Award Winning Law Firm”

We are delighted to share that S.S. Rana & Co., has been recognized as an Award-Winning Law Firm at the India Business Law Journal’s 2025 Law Firm Awards, receiving honours in the Startups (Advising Startup Companies) category.

This recognition is a testament to our continued commitment to supporting innovation and entrepreneurship through strategic legal guidance. With a strong focus on intellectual property and Corporate Law, we are proud to assist startups in navigating complex legal landscapes and protecting their ideas and businesses.

We extend our sincere gratitude to our valued clients, dedicated team members, and trusted partners whose continued support has made this recognition possible.