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
Trade Mark Protection In Digital Advertising In India - Bidding On A Rival's Brand: Delhi High Court's Ruling In Hindware Ltd. v Grohe India Pvt. Ltd.
For years, businesses have watched competitors surface on the search results page the instant a customer types their brand name. The technique is simple: buy the rival’s brand as a paid-search keyword, and your sponsored link appears alongside, or above, the results the customer was actually looking for. In Hindware Ltd. v. Grohe India Pvt. Ltd. and the connected matter against Omkara Infoweb, the Delhi High Court confronted the practice directly, and held that selling a registered trademark as an advertising keyword is itself an infringing use in advertising. Just as importantly, it held that the advertising platform cannot run the keyword auction, and keep the revenue, and then disclaim responsibility as a mere intermediary.
India IP
SR
S.S. Rana & Co. Advocates
Article
Delhi High Court Upholds CCI’s Power To Implead Builders’ Association Of India In Alleged Cement Cartelisation Proceedings
The Delhi High Court, by its judgment dated 8 September 2026, dismissed the appeal filed by UltraTech Cement Limited (UltraTech) challenging the order of the Competition Commission of India (CCI) impleading the Builders’ Association of India (BAI) to participate in proceedings initiated by the CCI against cement manufacturers under Section 26(1) of the Competition Act, 2002 (Act).
India Anti-trust
PL
Phoenix Legal
Article
Delhi High Court Refers Conflicting Territorial Jurisdiction Jurisprudence To A Larger Bench
In a comparative advertising dispute between Hindustan Unilever Limited (“HUL” or the “Plaintiff”) and Kwick Living (I) Private Limited (“Kwick Living” or the “Defendant”), a single Judge of the Delhi high court, vide order dated 25 August 2026, referred to a large bench the question of territorial jurisdiction in IP suits, due to multiple, conflicting precedents on when a court can entertain a case on the ground of website accessibility only.
India IP
SR
S.S. Rana & Co. Advocates
Article
When Promotion Becomes Liability: FSSAI’s Warning To Food Influencers In India
India's food safety regulator has issued a stark warning to celebrities and social media influencers: verify health and nutritional claims before promoting food products, or face potential legal consequences. As influencer advertising violations surge to over 21% of all advertising complaints, the question of accountability has moved from public backlash to formal regulatory scrutiny, with recent show-cause notices issued to major Bollywood stars.
India Consumer
GA
Global Advertising Lawyers Alliance (GALA)
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
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
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
Intellectual Property Rights Newsletter - June 2026
In a significant ruling on the intersection of trademark law and digital advertising, the Delhi High Court in batch matters Hindware Ltd. v. Grohe India Pvt. Ltd. & Ors. [CS(COMM) 591/2017] and Hindware Ltd. v. Omkara Infoweb Pvt. Ltd. [CS(COMM) 592/2017] held that Google’s practice of permitting advertisers to bid on a competitor’s registered trademark as a keyword under its AdWords programme can amount to trademark infringement.
India IP
KS
King, Stubb & Kasiva
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