SSRana Newsletter 2025 Issue 04

Parody or Infringement? The Legal and Ethical Storm Over “Mia-G”

In January 2025, an Instagram Reel featuring the face of former adult film actress Mia Khalifa painted over the iconic Parle-G biscuit packaging triggered a storm of debate across Indian social media and legal circles. Created by artist Laxmi Narayan Sahu, the video reimagined the legacy brand as “Mia-G,” mimicking Parle-G’s distinctive logo, packaging, font, and colour palette. Though intended as satire, the unmistakable resemblance to the original design ignited a public and legal conversation on the limits of parody, fair use, and digital monetisation.

Trademarking Operation Sindoor : The rush behind commercializing Geopolitical Moments

In an age where news spread instantly and social media hashtags shape public opinion in real time, we have witnessed how certain names born out of geopolitical or social movements go beyond just headlines. Terms like 9/11 Attack, Black Lives Matter, MeToo Movement etc., have come to symbolize much more than the events themselves – they have not only become part of conversations between global diplomats but brand identities and commercial opportunity which have found their way into Trademark Applications.

Trademarking of “Operation Sindoor”

Witnessing the similar traction the recent military operation “Operation Sindoor” carried out by the Indian Armed Forces on May 7, 2025, hitting terrorist infrastructure was not an exception. Reports suggest that the title of the operation has been chose by Prime Minister Narendra Modi. Shortly after the name made it to the public discourse, the Indian Trademark Registry received 6 trademark applications for the phrase filed under class 41..

Numerals as Trademarks: Delhi HC Affirms Registrability of‘2929’

Section 2(1)(m) of the Trade Marks Act, 1999 defines the term “mark” as including a “device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any combination thereof.” While the statutory definition of the term “mark” encompasses numerals or combinations thereof, they are often not perceived as inherently distinctive due to their common usage and lack of fanciful characteristics.

The present judgment in Vineet Kapur v. Registrar of Trade Marks , discusses the threshold requirement of Section 9 of the Trade Marks Act while assessing the registrability of numeral marks and combinations thereof and affirms that a numeral mark can be registered if it distinguishes the goods of the applicant from others.

Safeguarding Stylized Trademark and Iconic Brand Typography

In today’s highly competitive business environment, unique trademarks and brand typography act as significant visual assets that enable companies to create a recognizable identity. These components transcend mere text representation—they stir emotions, enhance recognition, and solidify a brand’s principles.

As companies work on creating distinctive fonts and stylized logos, it is vital to protect them from imitation and unauthorized use to uphold brand exclusivity and authenticity. Stylized trademarks serve as a crucial legal and branding instrument, ensuring that a company’s distinct typography, logo, and design remain unique and identifiable. Whether through custom typefaces, color palettes, or typographic features, these trademarks preserve brand authenticity in demanding markets.

From Script to Screen: The ‘Fire Bird’ vs ‘Sky Force’ Showdown

The Hon’ble High Court of Bombay, vide its Order dated January 23, 2025, rejected the Plaintiff’s prayer of an ad-interim stay on the release and broadcast of the film titled “Sky Force”. In the present case, Sandeep Gangatkar (hereinafter referred to as the ‘Plaintiff’) filed a suit for copyright infringement against Sandeep Kewlani & Ors (hereinafter referred to as ‘Defendants’), claiming that the story of the Defendants’ ‘Sky Force’ movie infringes the Plaintiff’s copyright vested in his script titled “Fire Bird”. Hon’ble Mr. Justice Manish Pitale, while ruling in favour of the Defendants, held that the Defendants would suffer immense loss if stay was granted, especially since the Plaintiff had approached the Court at the eleventh hour.

Huda Beauty secures permanent injunction against counterfeit imports in India

 

The Plaintiff is the registered proprietor of trademarks/labels related to Huda Beauty in all major countries of the world including in India. Further, the Plaintiff’s goods have been advertised, promoted, displayed, solicited, sold and traded all over the world via their official website and through their business partners Nykaa and Sephora in India. The brand has witnessed remarkable growth gaining international recognition thereby enhancing its accessibility and reinforcing its market position.

The Plaintiff also enjoys cross-border reputation, and the trademarks/labels of Huda Beauty are well-known within the meaning of Section 2(1)(zg) of the Trademarks Act, 1999.

Maximizing Trademark Protection : Insights on Subsequent Designation and Renewals through Madrid Protocol

In today’s global marketplace, protecting your brand is more crucial than ever. The Madrid Protocol offers a streamlined solution for international trademark registration, allowing businesses to safeguard their brands across multiple jurisdictions by filing one single application designating countries of interest with World Intellectual Property Organization (WIPO).

But what happens when your business grows, and you want to extend your trademark protection to new territories? Enter Subsequent Designation—a powerful feature of the Madrid Protocol that allows trademark owners to broaden their protection even after the initial registration. This flexibility is essential for businesses looking to tap into new markets and foster global growth.

From Storybook to Stadium : Children’s Magazine Champak Takes BCCI to Court

In a unique and intriguing legal development, Delhi Press Patra Prakashan, the publisher of the iconic children’s magazine Champak has filed a lawsuit against the Board of Control for Cricket in India (BCCI) in the High Court of Delhi, alleging trademark infringement over the use of the name “Champak” for AI-powered robotic dog recently unveiled by BCCI – a name identical to the children’s magazine published since 1968. The case of Delhi Press Patra Prakashan Pvt Ltd (herein referred to as the plaintiff) vs. Board of Control for Cricket in India (BCCI) (herein referred to as the defendant) raises substantial issues relating to intellectual property rights, trademark law, dilution of brand identity, and the balancing act between creative freedom and brand protection.

This legal dispute underscores the growing complexities in trademark law, especially in an era where digital innovation and artificial intelligence are increasingly intersecting with established brand identities. The case is expected to delve into crucial questions regarding whether long-standing trademarked names can be repurposed for entirely new technological advancements and how courts should navigate disputes involving legacy brands versus modern AI-driven creations.

Additionally, it brings attention to the impact of brand dilution, as consumers might associate the name “Champak” with BCCI’s robotic dog rather than the beloved children’s publication that has existed for over five decades. With the High Court’s involvement, the ruling in this case could set a significant precedent for future trademark conflicts, potentially reshaping how brands defend their intellectual property in an ever-evolving digital and entertainment landscape.

West Bengal’s Culinary and Cultural Pride Receives Recognition

In a significant move towards, preserving regional heritage and encouraging local economies, the Geographical Indications (GI) Registry of India has recently conferred six new GI tags to products from West Bengal. Following Kerala, Bihar, and Karnataka, West Bengal is rapidly establishing itself as a significant contributor to the filing of Geographical Indication (GI) applications.

West Bengal’s GI-tagged products beautifully showcase the state’s rich cultural and agricultural heritage. From sweets to textiles and traditional crafts, each item showcases the state’s unique identity. These GI tags not only protect these treasures from imitation but also support the livelihoods of artisans and farmers, fostering both regional pride and global recognition. By preserving these age-old traditions, West Bengal ensures its legacy continues to thrive for generations to come. Every GI-tagged product conveys a story of authenticity, craftsmanship, and cultural excellence.

Plant Variety Protection and Farmer’s Rights: A Contemporary Perspective

Agriculture has always been the backbone of human civilization and safeguarding plant genetic resources has become a crucial endeavor in the 21st century. As climate change, biodiversity loss, and the pressures of commercialization reshape agricultural landscapes, Plant Variety Protection (PVP) and Farmers’ Rights play a pivotal role in ensuring sustainable development and equitable benefits. These measures are designed to strike a balance between innovation, intellectual property rights, and welfare of farmers particularly smallholders and indigenous communities.

Avoiding Infringement Pitfalls: Rule of Safe Distance in Trademark Law

One of the lesser-discussed equitable principles in trademark law is the Rule of Safe Distance. As the name suggests, the Rule of Safe Distance requires a party to keep a safe distance from an infringing trademark after an injunction order has been passed, thereby restraining them from using a particular trademark. Following such an injunction, a party may attempt to adopt a slightly modified version of the mark to come close to its competitor. When the Court finds that competing trademarks are significantly similar, it expects the restrained party to now maintain a safe distance while adopting a new trademark.

Essentially, the Rule of Safe Distance requires the infringing party to change its trademark substantially, not merely apply de minimis fixes. The rule thus revolves around public interest, fair business practices, and, most importantly, upholding the injunction orders passed by the courts.

Delhi High Court upholds Influencer’s Rights to Criticize Brands Based on Lab Reports

At a time when influencer advertising, satire, and memes shape the digital landscape, the thin line between free expression, trademark protection, and brand reputation is blurrier than ever. The Hon’ble Delhi High Court’s decision in the recent case of San Nutrition Pvt. Ltd. v. Arpit Mangal & Ors., marks a pivotal moment in Indian jurisprudence on the issue of intersection of influencer speech, defamation, product disparagement, and trademark law. In this case, Hon’ble Justice Mr. Amit Bansal, while dismissing San Nutrition’s (Plaintiff) plea for an ex parte interim injunction against four influencers, upheld the fundamental rights to free expression and consumer awareness, while recognizing the defenses of truth, fair comment, and nominative use as prima facie valid. The ruling sets a robust precedent safeguarding evidence-based criticism in the public interest.

The Battle of Tikhalal

The Hon’ble High Court of Bombay recently granted an interim injunction in favor of Everest Food Products Private Limited, restraining Shyam Dhani Industries Pvt. Ltd & Ors. from manufacturing, using and selling the impugned product ‘Shyam Tikha Lal’. The Court held that the impugned product infringed Everest’s registered trademark ‘Tikhalal’ and observed that simply inserting a space between ‘Tikha’ and ‘Lal’ does not render the mark sufficiently distinctive or different from Everest’s trademark.