ALG’s Patents and IP litigation practice chair Ashwani Balayan will be in San Diego for the Intellectual Property Owners Association (IPO) Annual Meeting 2025 from September 7–9. The conference features educational programs and panel discussions, committee meetings, workshops, networking events, and much more. This must-attend event brings together IP professionals from around the world to share strategies, explore trends, and exchange best practices.

If you would like to meet with Ashwani during the event, please feel free to reach out.

During the last PWS session, Sonal Kumari, Associate, hosted a discussion on “Whether the takedown mechanisms undermine freedom of speech and expression in the digital space?” The participants discussed how automated takedown systems function in the real world and whether they strike the right balance between copyright protection and free expression. The session explored the process of takedown and appeal and whether such mechanisms serve as essential safeguards against large-scale piracy or risk being misused to silence legitimate speech such as parody, criticism, and political commentary. The attorneys further reflected on whether these mechanisms represent enforcement of ownership rights or drift into censorship, highlighting the need for a balanced, hybrid approach.

A ‘Legal Issues Seminar – General IP’ (LIS-GIP) was conducted by Bhavya, Associate on “What constitutes bona fide intention to use a trademark in India?​”

The seminar discussed the requirement of bona fide intention to use a trademark at the time of filing an application for registration. Through key judgments, the seminar explored judicial opinions on how Courts assess whether factors such as licensing arrangements or plans to enter the market demonstrate a bona fide intention to use the mark, or whether the registration reflects a merely defensive or speculative claim. The session concluded with the observation that Indian jurisprudence adopts a balanced approach, recognising bona fide intention where preparatory acts are genuine and substantial, while rejecting registrations based on token, defensive or purely strategic filings.

The Presentation can be accessed here.

A ‘Legal Issues Seminar – General IP’ (LIS-GIP) was conducted by Richa Pushpam, Associate on “Whether pre-use advertisement will constitute as use of a mark in India?”  

The seminar discussed various interpretations of the term ‘use of a mark’ by the Indian Courts. Through key judgments, the seminar explored judicial opinions wherein some Courts have held that mere advertisement of a mark without concurrent or subsequent availability of goods or services in the market does not constitute use of the mark, and on the other hand other Courts have acknowledged that advertisements and promotional material, when supported by credible documentary evidence and a bona fide intent to use, may qualify as use of the mark under the Act. The session concluded with the observation that use may encompass actions other than actual sale, including promotional activities, provided such use is genuine, continuous, and made in the course of trade. 

The Presentation can be accessed here.

Interns – Ranu Parihar, Bhavna, Kashish Saxena and Kumar Kasutubh have commenced their General IP Internship with the firm’s law practice.

We hope their stay in the firm during the 4 week period of their internship will be mutually enriching and that the firm and they will learn exciting things from each other!