I. Introduction A commercial suit is rarely won because a party has a better claim alone. More often, it is won because the claim is presented in strict compliance with the procedural framework governing commercial litigation. The Commercial Courts Act, 2015 fundamentally transformed the conduct of commercial suits in India. Unlike ordinary civil litigation, commercial […]

Most people instinctively associate trademark disputes with courtroom litigation. After all, trademarks are statutory rights created under the Trade Marks Act, 1999, and questions relating to their registration, validity, or rectification have traditionally fallen within the exclusive domain of courts and statutory authorities. This has led to a common misconception that every dispute involving a […]

“If nobody is confused, where is the infringement?” At first glance, the answer seems obvious. Trade mark law exists to prevent consumers from being deceived. If buyers know exactly whose product they are purchasing, there should be no legal problem. But imagine someone launches a restaurant called Rolex, a perfume branded Mercedes, or a clothing […]

A trademark registration certificate is the beginning of legal protection, not a guarantee that your exclusive rights will last forever. Introduction Most businesses breathe a sigh of relief once their trademark is registered. The registration certificate arrives, the ® symbol is proudly displayed, and there is a common belief that the brand is now permanently […]

What every brand owner should learn before naming a product after what it does Picture this. You launch a skincare product. You name it after exactly what it does, something simple and catchy that customers will instantly understand. Years pass. The brand grows. The sales figures look wonderful. Then, one day, a court tells you […]

A Delhi High Court Judgment Every Litigator Should Read Documents decide commercial cases. Invoices, GST records, licences, trademark applications, photographs, these do more than support a claim. They usually are the claim. Courts read them to answer three questions: who used the mark first, who built a reputation, and who deserves interim protection. But what […]

Johnson & Johnson Pte. Ltd. v. Abbireddi Satish Kumar & Ors. CS(COMM) 801/2023 | Delhi High Court | 15 July 2025 Mamta Sharma, Advocate on Record | Arguing Counsel | Supreme Court of India Part I – The Background: How a Simple Trademark Dispute Became a Masterclass in Commercial Litigation Every trademark infringement suit begins […]

Delayed possession has long been one of the biggest problems faced by homebuyers. Builders and housing societies often argue that once a purchaser accepts possession of the flat, the dispute comes to an end and no further compensation can be claimed. The Supreme Court has now made it clear that this argument does not hold […]

ELECTRONIC EVIDENCE IN INVESTIGATION: Seizure, Hash Value Authentication, and Proof in Indian Criminal Proceedings By Mamta Sharma | Advocate-on-Record | Founder, The Case Counsel, New Delhi ABSTRACT Every investigation today generates digital debris – smartphones seized at dawn raids, laptops imaged by the Enforcement Directorate, servers cloned by the CBI. The evidentiary value of all […]

Introduction The power of the State to arrest is one of the most coercive powers recognised by law. Equally important, however, is the constitutional guarantee that no individual shall be deprived of personal liberty except in accordance with a fair, just and reasonable procedure. Preventive arrest provisions under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) […]