SSRana Newsletter 2025 Issue 06

Commercial Counterclaims And The Mandate Of Mediation: The Jurisprudential Expansion Of Section 12a

In today’s legal landscape, understanding the finer details of procedural requirements is more important than ever – especially in commercial disputes. One such provision that often gets overlooked but carries significant importance is Section 12A of the Commercial Courts Act.

This article delves into the critical role of the mandatory provision of Section 12A of the Commercial Courts Act, wherein the Hon’ble Court raised an important issue as to whether Section 12-A is applicable only on original commercial suits, or whether the same would be applicable even in counterclaims / countersuits, considering that Pre-Institution Mediation (PIM) proceedings already took place in the original suit.

Composed or Borrowed? Untangling the Veera Raja Veera Copyright Controversy

A.R. Rahman, one of India’s most celebrated music composers, recently found himself entangled in a legal dispute over the acclaimed song “Veera Raja Veera” from Mani Ratnam’s Tamil language film Ponniyin Selvan 2. At the heart of the controversy lies a serious allegation of copyright infringement involving a revered classical composition. The case raises pertinent questions about the boundaries of creative freedom, the sanctity of traditional art forms, and intellectual property in the age of adaptation. This case has once again stirred a long-standing debate: where is the line between cultural inspiration and copyright infringement?

The Emoji Effect: Small Icon Big Impact

“Hi, Gina Linetti, the human form of the 100 emoji.”[1]

“The English Language cannot fully capture the depth and complexity of my thoughts so I’m incorporating emoji into my speech to better express myself, Winky-face.”[2]

Humans have always found interesting ways to communicate. While we evolve, we have journeyed from hieroglyphs to emojis. Life does come to a full circle & clearly a picture speaks a thousand words.

News Clips, Free Speech, and Fair Use: The Battle Between ANI and Mohak Mangal

In today’s fast-paced digital landscape, where content is constantly shared, reused, and remixed, a recent legal dispute between Asian News International (ANI) and YouTuber Mohak Mangal has brought renewed focus to how Indian copyright law applies online. At the core is a simple but significant question: can short clips from news broadcasts be used in commentary videos on platforms like YouTube without the content owner’s permission?

The case goes beyond a disagreement between a media house and a creator. It highlights the loosely defined fair-dealing exception and the de minimis doctrine in the spotlight. At stake is the balance between protecting creative rights and allowing commentary, critique, and current affairs reporting in the digital age.

Protecting Brands From Trade Mark Dilution In The Digital Era

In an era where brand identity is one of the most valuable corporate assets and intellectual property (IP) is valued, auctioned or traded like any other asset, the concept of trade mark dilution has gained unprecedented significance. Traditionally, trade mark law has focused on preventing confusion and deception amongst consumers, ensuring that consumers can reliably associate goods and services with their rightful owners. However, with the rise of digital platforms, social media and global e-commerce, trade marks are more vulnerable than ever- not just to infringement but also dilution and, furthermore, genericide

Licensing In Sports And Entertainment Industry

The sports and entertainment industry thrives on intellectual property (IP) rights, making licensing a key business strategy. Licensing allows companies and individuals to commercialize names, logos, images, characters, and other IP assets, generating revenue and expanding brand reach. Whether it’s a football club licensing its merchandise, a movie franchise selling themed apparel, or a musician/sportsman monetizing their brand through collaborations; licensing plays a vital role in shaping the industry. The Indian Premier League (IPL) is a good example of monetization through licensing in India.

Shielding Your Brand: Mastering Packaging Design Protection in India

In India, the packaging of products is a critical aspect of brand identity and consumer engagement. Understanding the legal frameworks for design and trademark protection is essential for businesses aiming to secure their unique packaging and maintain a competitive edge. This article delves into the nuances of Indian design and trademark laws, highlighting their significance from a business perspective.

Trade Mark Toss-Up: Dhoni Takes Guard In India’s Celebrity Intellectual Property Game

In the contemporary landscape where personal identity increasingly comes together with commercial value, it has become a standard strategic stroke for high-profile individual/ celebrities/ sport icons, to secure trade mark rights for their names and distinctive persona attributes such as fan-given titles, etc. This proactive and strategic measure helps safeguard their brand equity and enables them to mitigate any commercial exploitation of their hard-earned goodwill and reputation. The recent filing of the trade mark “CAPTAIN COOL” by Mahendra Singh Dhoni exemplifies this prevalent trend to protect his moniker. Dhoni’s move underscores the significance of protecting the unique identifiers, i.e. in the present case the title “CAPTAIN COOL” which is exclusively linked to Dhoni’s persona and the same has attained secondary meaning through widespread recognition and use, turning the same into a legally protected proprietary commercial asset, which can be on the basis of acronyms (e.g. CR7) or even jersey numbers  (Registration by Sachin Ramesh Tendulkar).

Copyright on Trial: Major Studios Challenge AI Training Practices in Midjourney Lawsuit

On June 11, 2025, ^[1]The Walt Disney Company and Universal Studios jointly filed a landmark federal lawsuit against Midjourney, an artificial intelligence company known for its sophisticated image-generation tools. The complaint, lodged in the U.S. District Court for the Central District of California, accuses Midjourney of “massive and deliberate copyright infringement” for allowing users to create highly realistic depictions of proprietary characters such as Elsa, Shrek, Darth Vader, and Homer Simpson^[2]—without license or authorization.

The case is not merely a copyright dispute; it is a direct challenge to the core business model of generative AI companies that train on publicly scraped internet content. It represents a pivotal moment in the evolving clash between creative ownership and AI-driven innovation.

Unboxing the Barbie Box Challenge: IP, Privacy, and Ethics in the Age of Generative AI

In a digital culture, shaped increasingly by viral aesthetics and machine imagination, the AI Barbie Box Challenge stands as a striking example of how generative AI intersects with intellectual property (IP) law, privacy concerns, and ethical boundaries. What began as a whimsical online trend where users reimagine themselves as AI-generated Barbie or Ken dolls in stylized packaging has now triggered a cascade of legal and philosophical debates. Behind the filters, pink backdrops, and catchy captions lies a minefield of questions: Who owns the output? Is this infringement or fan art? Is user data being safely handled? And when does playful homage become unauthorized commercial use?

This article deconstructs the Barbie Box Challenge, investigates the underlying legal and ethical tensions, and surveys international legal developments shaping the future of AI-generated content.

The Labubu Hype: A toy monster shaping IP Narratives

150,000 US Dollars is what one Labubu was sold for recently in an auction in Beijing. So how does Pop Mart manage to sell weirdly appearing toys for such a high price? The answer is their genius marketing strategy, and more importantly the way they protect it.

Pop Mart relies on a strategy many high fashion brands also employ, maintaining scarcity. They keep the supply of Labubu’s low using strategies like limited time drops and keeping a large percentage of manufactured stock out of circulation. This in turn ensures that demand for a Labubu always stays high.

The Labubu doll has now become a popular toy even amongst the Bollywood with several celebrities spotted incorporating it into their style. Urvashi Rautela, Ananya Panday, Sharvari Wagh, and Pashmina Roshan are among the celebrities who have been seen with the toy, either as a bag charm or as part of their overall look. This indeed is adding the excitement amongst the community as well as adding collectors sharing their thrill of Labubu unboxing experience.