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January 30, 2026

Legal Issues Seminar-General IP (LIS-GIP) On “Whether the expression “or otherwise” under groundless threats include statements made in legal proceedings?”

Featuring: Bhavya

A Legal Issues Seminar was conducted by Bhavya, Associate on the topic “Whether the expression “or otherwise” under groundless threats include statements made in legal proceedings?”.

The seminar examined the scope of Section 142 of the Trade Marks Act, 1999, focusing on the interpretative ambiguity surrounding the phrase “by means of circulars, advertisements or otherwise.” The discussion analysed competing judicial approaches, one adopting an expansive construction to curb extra-judicial intimidation through informal legal threats, and the other emphasising restraint to preserve access to statutory and judicial remedies. The session concluded that while the expression “or otherwise” is sufficiently broad to include informal and private legal threats, it does not extend to statements made in judicial or quasi-judicial proceedings, ensuring that Section 142 functions as a safeguard against abuse rather than a barrier to legitimate enforcement.

The Presentation can be accessed here.

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