The second quarter of 2025 witnessed notable judicial developments in trade mark law, particularly in relation to consumer confusion, brand recognition, and legal concerns arising from AI-generated content.
The Delhi High Court passed several notable orders reinforcing trade mark rights and consumer protection. In the matter involving Indian Hotels Company Limited's 'GINGER' brand, the court awarded INR 20 lakh in damages for infringement and unauthorised use of brand elements on a misleading website. Simultaneously, the court recognised the concept of 'initial consumer confusion' to establish trade mark infringement in the matter concerning Under Armour Inc. Further, the court also acknowledged the longstanding use and reputation of the marks, 'RITZ' and 'RITZ CARLTON' in India, thereby formally recognising them as well-known marks.
Indian courts also dealt with emerging legal issues involving the unauthorised digital use of personality traits. Interim relief was granted to Sadhguru in a matter concerning the misuse of his name, image, and voice through AI-generated content. Separately, the Delhi High Court is hearing proceedings initiated by ANI against OpenAI in relation to the alleged use of news content for AI training. The court is also adjudicating on the case filed by ANI in regard to defamation and copyright infringement cases against YouTuber Mohak Mangal. In another development, a public interest litigation was filed before the Supreme Court following Reliance Industries Limited's attempted registration of the term 'Operation Sindoor', which was later withdrawn.
This edition of the newsletter, curated by CMSINDUSLAW's Bharadwaj Jaishankar, Sana Singh, Trushita Mehra, Ishita Goyal, and Rachit Garg, captures these and other key updates from April to June 2025. We hope the same serves as a useful reference for clients and stakeholders engaging with India's evolving IP framework.
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