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
FSSAI vs. Misleading Claims: The Legal Story Behind The "100%" Labelling Crackdown
The Food Safety and Standards Authority of India (“FSSAI”) has, over the course of late May 2025, taken two connected regulatory steps aimed at curbing misleading claims on packaged food labels. First, FSSAI issued a formal advisory to all Food Business Operators (“FBOs”) directing them to discontinue the use of the term “100%” on food labels, packaging, and promotional material. Second, and consistent with the concerns underlying that advisory, FSSAI issued a detailed notice to a confectionery company in India, flagging specific instances of non-compliant labelling and misleading claims across several of its product lines.
India Consumer
SR
S.S. Rana & Co. Advocates
Article
Schools, Coaching Centres & Platforms Processing Children's Data: Are You Compliant?
Across India, educational institutions and businesses that deal with minors have made it a routine practice to photograph children celebrating achievements, post their names and images on social media, websites, and marketing material, share performance data with third parties, and collect biometric or health-related data — all without obtaining verifiable parental consent. These photographs and videos are posted without the child or parent having any meaningful opportunity to review, restrict, or object.
India Media & IT
SR
S.S. Rana & Co. Advocates
Article
Can A Search Engine Sell Your Trademark? Delhi High Court Rules On Keyword Advertising And Platform Liability
The intersection of trademark law and digital advertising has long been a contested frontier. One of its most persistent flashpoints concerns the practice of keyword advertising, where a business pays a search engine to display its advertisement when a user searches for a competitor’s brand name. In a significant ruling, the Delhi High Court, in Hindware Ltd. v. Grohe India Pvt. Ltd. & Ors., has provided what is, to date, India’s most definitive judicial answer to the question: does selling a registered trademark as a search keyword amount to trademark infringement, and can the search engine itself be held liable?
India IP
SR
S.S. Rana & Co. Advocates
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
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
Article
Zee v. Nykaa (India): What Every Brand And Their Counsel Needs To Know About Music On Instagram
Zee Entertainment has filed a lawsuit against Nykaa for using copyrighted songs in Instagram reels without proper commercial licensing, seeking $200,000 in damages. The case highlights a critical gap in how brands use social media music libraries: while Instagram permits personal use of licensed music, commercial content requires separate synchronisation licenses that most brands fail to obtain.
India IP
GA
Global Advertising Lawyers Alliance (GALA)
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