During the last PWS session, Adyanshi Kashyap, Trainee Associate, hosted a discussion on “Does Dupe Culture Boost Niche Small Businesses?” The session began by examining how affordable alternatives to high-end products are reshaping the fashion industry, including whether they stifle creativity or create opportunities for emerging brands. Members explored the impact of consumer demand for affordable fashion, questioning whether it indirectly fuels the production of dupes. The session also touched on whether dupes increase visibility and aspiration for high-end brands, potentially benefiting both luxury and niche fashion businesses. The session concluded with the recognition that while dupe culture presents challenges for originality and brand identity, it also democratizes fashion access and offers strategic opportunities for small businesses to leverage visibility and market trends. The need for regulations and brand adaptability was highlighted as key to sustaining creativity and competition in an increasingly dupe-driven market.

A ‘Legal Issues Seminar- General IP’ (LIS-GIP) was conducted by Uroosa Shahzad, Associate, on “Is there a threshold for the stylization of font in determining the likelihood of confusion?” The seminar discussed Section 29(2) of the Trade Marks Act, 1999, analysing how font size, design, and overall presentation impacts the likelihood of confusion between trademarks. The discussion also delved into how courts assess trademark infringement, emphasizing the importance of the overall commercial impression rather than just the stylization of a font. The members also exchanged views on whether distinct font stylization viz. the font style or the font size can sufficiently differentiate a mark from another. The session concluded with insights on factors that may be evaluated in determining the risk of infringement in such instances.

The presentation can be accessed here.

During the last PWS session, Nadra Jawaid, Trainee Associate, hosted a discussion on “Whether the Metaverse increases the risk of IP theft vis-à-vis traditional digital platforms?” The conversation explored several key points, such as the role of blockchain technology, smart contracts, and watermarking to verify ownership and in protecting the intellectual property owned by content creators and businesses. The session further explored the responsibility shared between creators, platform providers, and users for preventing IP theft as well as the privacy and data protection challenges in the Metaverse with respect to IP theft. The session concluded with the common understanding that safeguarding digital assets in the Metaverse demands integrating blockchain, smart contracts, and watermarking with clear accountability for creators, platform providers, and users.

During the last PWS session, Shivanshi Gupta, Associate, led a discussion on the ethics of shrink-wrap agreements in consumer software transactions, particularly focusing on the risk that users may not fully understand or review the terms before consenting. The session also examined how such agreements simplify software licensing while protecting the intellectual property rights of providers. It concluded with a discussion on potential measures, such as introducing ‘opt-out’ options, to ensure these agreements do not unfairly restrict consumer rights.

A legal issues seminar was conducted by Amal Riaz, Trainee Associate, on “Can a God’s Name Be Registered as a Trade Mark?”. The seminar delved into provisions of Section 9 of the Trade Marks Act, 1999, which prevents registration of common names and those that offend religious sentiments.

The seminar highlighted pivotal cases where proprietors of trademarks bearing names of deities were denied exclusive rights due to their commonality and generic nature. It also examined instances where claims were rejected on the grounds that they could possibly offend religious sentiments, ensuring such names remain accessible to the public. Additionally, the discussion highlighted court observations clarifying that there is no absolute prohibition on registering a deity’s name as a trademark. The seminar concluded with an engaging analysis of the threshold of distinctiveness required for obtaining exclusive rights in a god’s name.