IPR Amicus, June 2026

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Articles

Balancing equity and exclusivity: Supreme Court reinforces trade dress protection

By Divya Vishvapriya

The first article in this issue of IPR Amicus discusses a recent Supreme Court decision wherein the Apex Court has substantially upheld the Calcutta High Court order, clarifying that trade dress rights are not confined to monopolizing a single colour but extend to the overall commercial impression created by a combination of distinctive features. Elaborately discussing the background of the dispute and its journey to the Supreme Court, the article notes that the Court has allowed continuation of sale of products already in the distribution chain. According to the author, the Apex Court’s operative directions thus were carefully tailored to balance enforcement of trade dress rights with commercial realities, as the Court refined the injunction to ensure equitable treatment of existing market realities without compromising the integrity of trade dress law. 

A grain of confusion: ‘Smart’ copying and trade dress passing off

By Kriti Sood

The second article in this issue of the newsletter discusses a Delhi High Court decision where the Court revisited the foundational doctrine of passing off in the context of trade dress, emphasizing that in commercial reality, it is the overall impression, rather than minute differences, that determines consumer confusion. According to the authors, this decision makes a valuable contribution to the evolving jurisprudence on trade dress and passing off, particularly in FMCG and food markets, where visual appeal significantly shapes recall and purchase decisions. Ultimately, it reinforces that fair competition demands originality, not imitation. 

Ratio decidendi

• Inaccurate search report by Trademark registry is enough to set aside copyright registration – Delhi High Court
• Copyrights – ‘Aggrieved person’ – Trademark proprietor can seek cancellation of copyright registration in an artistic work if the mark forms part of the artistic work – Delhi High Court
• Patents – Bolar provision – Defendant in infringement suit must discharge a heavier burden to establish supply under Section 107A providing exception – Madras High Court
• Patents – Bolar exception – Delhi HC provides a non-exhaustive list of 4 documents necessary for evidence – Madras High Court
• Trademarks – Use of trademark as keyword in AdWords program of a major search engine amounts to unfair advantage under Section 29(8); Court rejects plea of fair competition – Delhi High Court

News Nuggets

• Domain name disputes – Similarity or likelihood of confusion is not enough, mala fide nature to be established 
• Trademarks – Trade dress – Presence of house mark is not enough to dispel confusion if trade dress is almost identical
• Trademarks – FMCG/food products – Similarity in trade dress is even more fatal
• Research generated by AI Tools is not reliable without any authentication or corroborative evidence
• ‘Glass Skin’ directed to be removed from Register of Trademarks
• Khurasani Imli of Mandu awarded GI tag