India: Advertising, Marketing & Branding

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Entertainment law, media law and telecoms law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as advertising, marketing and branding, broadcasting, gaming, hotels and hospitality, publishing, and mobile and cable communications.
Article
The Legal Loophole And Marketing Miracle Behind A 250 Crore Blockbuster
Hanuman Ansh, produced for just 2 crore rupees, has now made over 250 crore. And there is a legal reason it could tell this story so cheaply. The first is a marketing miracle. The second is a quiet point of law. Let me take both. It is a devotional drama about Neem Karoli Baba, made by a first-time filmmaker, Vishal Chaturvedi, from his own book. It opened on August 7 to a day-one collection of just ten lakh. Almost nobody knew it existed.
India Media & IT
Foresight Law Offices
Article
Trade Mark Protection In Digital Advertising In India - Bidding On A Rival's Brand: Delhi High Court's Ruling In Hindware Ltd. v Grohe India Pvt. Ltd.
For years, businesses have watched competitors surface on the search results page the instant a customer types their brand name. The technique is simple: buy the rival’s brand as a paid-search keyword, and your sponsored link appears alongside, or above, the results the customer was actually looking for. In Hindware Ltd. v. Grohe India Pvt. Ltd. and the connected matter against Omkara Infoweb, the Delhi High Court confronted the practice directly, and held that selling a registered trademark as an advertising keyword is itself an infringing use in advertising. Just as importantly, it held that the advertising platform cannot run the keyword auction, and keep the revenue, and then disclaim responsibility as a mere intermediary.
India IP
SR
S.S. Rana & Co. Advocates
Article
Delhi High Court Upholds CCI’s Power To Implead Builders’ Association Of India In Alleged Cement Cartelisation Proceedings
The Delhi High Court, by its judgment dated 8 September 2026, dismissed the appeal filed by UltraTech Cement Limited (UltraTech) challenging the order of the Competition Commission of India (CCI) impleading the Builders’ Association of India (BAI) to participate in proceedings initiated by the CCI against cement manufacturers under Section 26(1) of the Competition Act, 2002 (Act).
India Anti-trust
PL
Phoenix Legal
Article
"Matured In American Oak Casks"...Or Not? - Diageo vs FSSAI In India
India's food safety regulator has challenged Diageo's Royal Challenge whisky labeling, questioning claims about maturation in American oak casks and the presence of imported Scotch. The FSSAI's enforcement action raises critical questions about how alcoholic beverage manufacturers substantiate age claims, ingredient disclosures, and product characteristics under India's evolving regulatory framework.
India Consumer
GA
Global Advertising Lawyers Alliance (GALA)
Article
SEBI’s Proposal For A Common Advertisement Code: Financial Advertisements Under The Regulatory Lens
India's securities regulator has proposed a unified advertisement framework that would replace fragmented approval requirements with standardised post-issuance reporting for financial intermediaries. The consultation paper introduces common principles for risk disclosure, performance presentation and promotional claims across multiple categories of regulated entities. How will this shift from prior approval to retrospective supervision affect compliance practices in India's securities market?
India Finance
L
Lexplosion Solutions Private Limited
Article
Trademark Filings Rejected For Lack Of Distinctiveness: A Growing Pattern
Trademark applications are increasingly facing rejection for lacking distinctiveness as businesses favor SEO-friendly, descriptive names that fail legal scrutiny. This analysis examines why marks like "QuickDocs" or "SmartPay" struggle to secure registration, explores the legal framework governing distinctiveness under Section 9 of India's Trade Marks Act, and reveals how startups can build legally protectable brands without sacrificing market appeal.
India IP
DP
De Penning & De Penning
Article
When Does Keyword Use Become Trademark Infringement?
The digital marketplace runs on search visibility, and search visibility runs on keywords. When a consumer types a brand name into Google, the results page is no longer a neutral mirror of the internet, instead, it is a curated auction venue. Search engines allow advertisers, often direct competitors, to ‘bid’ on another company's trademark so that their own sponsored link appears the moment a consumer searches for that brand.
India IP
RS
Remfry & Sagar
Article
Commercial Use Of Music On Social Media: Analyzing The Zee Entertainment v. Nykaa Copyright Infringement Dispute
The rapid growth of short-form content has transformed social media marketing in India. Platforms such as Instagram have become indispensable tools for brands seeking consumer engagement through reels, influencer campaigns and promotional videos. As per 2025 data, almost 80 percent of marketing professionals integrated Facebook and Instagram into their digital marketing campaigns.
India IP
SR
S.S. Rana & Co. Advocates
Article
Greenwashing: Penal Cost Hidden In ‘organic’ Marketing Material
India's new Anti-Greenwashing Guidelines impose strict penalties up to INR 50 lakhs on manufacturers and endorsers who make unsubstantiated environmental claims like 'organic,' 'eco-friendly,' or 'sustainable' without credible certification. As global regulatory bodies increasingly crack down on misleading green marketing, businesses must audit their claims and maintain proper documentation to avoid reputational damage and financial liability.
India Consumer
LS
Lakshmikumaran & Sridharan
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