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
Invisible Code, Visible Damage: Why Every Business Should Audit Its SEO Strategy
When competitors embed your trademark in hidden website code or use it as a search keyword, the line between smart marketing and legal liability becomes dangerously thin. Indian courts are increasingly scrutinizing these invisible SEO tactics through the lens of passing off law, examining whether such practices constitute actionable misrepresentation that diverts customer goodwill and causes commercial damage.
India IP
MC
MAHESHWARI & CO. Advocates & Legal Consultants
Article
RBI Amendment Directions On NBFC Advertising, Marketing And Sale Of Financial Products
On 15 June 2026, the Reserve Bank of India (RBI) issued, inter alia, the Reserve Bank of India (Non-Banking Financial Companies – Responsible Business Conduct) (Second Amendment) Directions, 2026, introducing a comprehensive new chapter governing how non-banking financial companies (NBFCs) (including housing finance companies (HFCs)) advertise, market, and sell their own and third-party financial products and services, as set out under the Reserve Bank of India Directions, 2025.
India Finance
KC
Khaitan & Co LLP
Article
Delhi High Court Declares GSK’s ‘CALPOL’ A Well-Known Trademark
In a decision reinforcing the importance of brand reputation and trademark protection in India, the Delhi High Court has declared GlaxoSmithKline Pharmaceuticals Limited’s (“GSK”) trademark “CALPOL” as a “Well-Known Trademark” under Section 2(1)(zg) of the Trade Marks Act, 1999. The ruling came in the backdrop of a trademark dispute involving the marks “CALPOL” and “WALPOL”, wherein the Court recognized the extensive goodwill, reputation, and long-standing commercial presence associated with the CALPOL brand in India.
India IP
SR
S.S. Rana & Co. Advocates
Article
Hindware v. Google: The Trademark Battle Behind Sponsored Search Results
The Delhi High Court's landmark ruling in the Hindware case examines whether Google's practice of allowing competitors to bid on trademarked keywords constitutes infringement, even when the trademark itself remains invisible to consumers. This analysis explores how the Court navigated the intersection of traditional trademark law and algorithmic advertising systems, questioning whether platforms can monetize brand searches by selling that commercial moment to rivals. The judgment fundamentally challenges th
India IP
DL
DSK Legal
Article
ASCI Issues Draft Guidelines For Responsible Labelling Of AI-Generated Content In Advertising
Given the increased proliferation of Artificial Intelligence (AI) across various industries and markets, regulatory scrutiny around application of AI has been rather inevitable. This reflects in Advertising Standards Council of India’s (ASCI) Draft Guidelines for Responsible Labelling of AI-Generated Content in Advertising published on 8 May 2026 (Draft ASCI Guidelines).
India Media & IT
KC
Khaitan & Co LLP
Article
Keyword Bidding V. “Bait & Switch”: Makemytrip v. Google At War With The Dark Patterns Guidelines, 2026
The advent of digital advertising has brought trademark law into direct conflict with online market practices, particularly keyword bidding. The use of competitors’ trademarks by businesses to promote their own goods and services, albeit as invisible keywords, has often been debated as “infringement”, thereby causing unfair advantages and consumer confusion.
India IP
Ka
Khurana and Khurana
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