India

DMD Advocates advised D-Propulse Aerospace, a deep-tech startup, on raising INR 25 crore from the early-stage investment platform IAN Group’s IAN Alpha Fund. The funding will be used to expand the company’s engineering team, strengthen its computing and simulation capabilities, and set up limited testing infrastructure. The startup is focused on developing next-generation high-speed propulsion systems for defence and civilian applications using its proprietary Rotating Detonation Engine (RDE) technology. RDE technology represents a departure from conventional jet engines, as it uses continuous detonation waves instead of traditional combustion. DMD was involved in resolving legal due diligence findings as well as drafting and negotiating the transaction documents. The transaction was led by Saiyam Chaturvedi (Partner), along with Divay Rastogi (Counsel), Srishti Pandey (Associate), Aditi Kumari (Associate), and Tarush Bhandari (Associate). Read More: https://b2b.economictimes.indiatimes.com/news/entrepreneur/d-propulse-aerospace-secures-25-cr-funding-to-revolutionize-aerospace-propulsion/127686688 https://www.vccircle.com/agranilabs-d-propulse-aerospace-scrapuncle-raise-early-stage-funding https://www.entrepreneur.com/en-in/news-and-trends/ian-alpha-fund-invests-inr-25-cr-in-d-propulse-aerospace/502237

DSK Legal assisted and advised the Mumbai Metropolitan Region Development Authority (MMRDA) in connection with a landmark joint venture between MMRDA and Karnala Pen Growth Centre Limited (a group company of Q-West Infrastructure Private Limited and Orange Smart City Infrastructure Private Limited) for the development of the Raigad–Pen Growth Centre Project. The Raigad–Pen Growth Centre Project is the first city planned within the proposed “Third Mumbai” region—envisioned to decongest Mumbai and Navi Mumbai and to create a new global business district on the lines of the Bandra–Kurla Complex (BKC). The project is among India’s first greenfield PPP sustainable growth centre developments, and represents a major step in Maharashtra’s long-term urban and economic transformation strategy. The Project was formally announced by the Hon’ble Chief Minister of Maharashtra, Mr. Devendra Fadnavis, at the World Economic Forum Annual Meeting 2026 in Davos, Switzerland. The announcement was accompanied by the execution of multiple memoranda of understanding (MoUs), highlighting not only significant capital investment commitments but also the transfer of global best practices, technology, and know-how aimed at developing a future-ready city in close proximity to the newly operationalised Navi Mumbai International Airport. The Project envisages large-scale urban development in the Raigad district, designed as a smart, sustainable city complementing Mumbai and Navi Mumbai. It is proposed to be developed to: (i) provide quality housing, modern infrastructure, and robust transport connectivity to meet the growing population of the Mumbai Metropolitan Regio; and (ii) function as a global city and innovation hub, incorporating Edu City, Medi City, Global Capability Centres (GCCs), data centres, and allied commercial and social infrastructure. The Project is expected to materially enhance foreign investor confidence by unlocking opportunities across real estate, technology, logistics, and services sectors, while offering superior connectivity, affordability, and long-term growth potential compared to the traditional Mumbai core. DSK Legal’s scope of work included advising on: the roles, responsibilities, and governance framework of the joint venture partners; land-related issues and development rights; financing and structuring aspects; and the drafting, review, negotiation, and finalisation of key transaction documents, including the shareholders’ agreement. The DSK Legal team advising MMRDA was led by Mr. Avinash Khard (Partner) and included Ms. Mala Mehto (Principal Associate), Ms. Devika Rana (Senior Associate), and associates Mr. Brijesh Ranjan Sahoo, Mr. Vedant Sinha, and Ms. Mihika Mukherjee. Mr. Harvinder Singh (Partner) acted as the lead engagement partner, while Mr. Anjan Dasgupta (Partner) served as the relationship partner for MMRDA and provided strategic inputs on the transaction. Karnala Pen Growth Centre Limited was advised by Shardul Amarchand Mangaldas & Co., along with its in-house legal and business teams.

In a landmark moment for Indian intellectual property law, the Trademarks Registry has accepted for advertisement the country’s first olfactory trademark a floral fragrance reminiscent of roses as applied to tyres. The order represents a paradigm shift in how Indian law perceives and accommodates non-traditional trademarks. It also situates India firmly within an international conversation that has spanned more than three decades and continues to redefine the boundaries of trademark protection. This decision carries special significance because it draws together three powerful forces: global jurisprudence, scientific innovation, and experienced legal stewardship. Among the latter, the appointment of Mr. Pravin Anand as amicus curiae was a critical moment in the proceedings. With decades of experience in trademark law and a history of pushing conceptual boundaries, he offered impartial guidance in an area where Indian precedent is almost non-existent. His APAA article “Science, Art and Law Relating to Smell” had already identified many of the challenges posed by olfactory marks demonstrating not only expertise but a degree of vision. In this case, theory and practice met at precisely the right juncture, helping the Registry navigate an entirely new category of trademark evidence. The International Stage: Three Decades of Experimentation with Scent Marks The question of whether smell can function as a trademark is not new. Globally, jurisdictions have grappled with the tension between legal formality and sensory subjectivity for many years. United Kingdom: The First Rose In fact, Sumitomo’s rose-scented tyres were the first smell mark ever registered in the UK, granted in 1996. The UK Trade Marks Registry at that time accepted a verbal description alone as an adequate graphical representation. That registration stands today as one of the earliest recognitions of olfactory marks anywhere in the world making the present Indian application both novel and historically connected. European Union: From Openness to Caution The EU’s early jurisprudence was adventurous. In Vennootschap Onder Firma Senta (1999), the “smell of fresh cut grass” for tennis balls was accepted again on the basis of a verbal description. The EUIPO compared smell descriptions to musical notation, an imperfect yet workable way to represent a sensory experience. However, this openness was curtailed by the seminal Siekmann decision (2002), where the Court of Justice held that a smell must be represented in a manner that is clear, precise, self-contained, easily accessible, intelligible, durable, and objective. Since no representation at the time met this standard, the EU effectively closed the door to smell marks for nearly two decades. United States: Functionality Above All The U.S. takes a functional approach. A smell can be protected only if: it is non-functional, and it serves purely as a source identifier. Thus, a plumeria scent for sewing thread or bubble gum scent for footwear may be registrable, but any smell intrinsic to a product’s purpose (like perfume or air freshener) is not. Australia: Open but Demanding Australia’s statute explicitly recognises scent marks, yet the onus is heavy. The applicant must demonstrate non-functionality, distinctiveness, and a sufficiently clear description. Very few scent marks have succeeded. Scientific Innovation: A Breakthrough in Graphical Representation The Indian statute requires all trademarks including non-traditional marks to be capable of graphical representation. Historically, this single requirement has defeated every attempt at protecting olfactory marks. In this case, however, the applicant submitted a groundbreaking scientific visualisation developed at the Indian Institute of Information Technology, Allahabad, and adopted by the amicus. This model, reproduced below, depicts the rose-like scent as a vector in seven-dimensional olfactory space, corresponding to seven fundamental scent categories: floral, fruity, woody, nutty, pungent, sweet, and minty.   This representation is not only innovative but bridges the gap between science and law in precisely the way courts worldwide have long sought. It offers: objectivity, through measurable scent-component ratios, precision, through dimensional axes, intelligibility, via a radar-plot visual structure, and durability, as the scientific formulation can be persisted indefinitely. The CGPDTM expressly found that this model satisfied the mandatory requirement for graphical representation under Section 2(1)(zb), echoing the Siekmann criteria while enabling India to chart its own path. Distinctiveness: Arbitrary Scent as Strong Branding Distinctiveness lies at the heart of trademark law, regardless of jurisdiction. The order emphasises that a rose scent on tyres is fundamentally arbitrary a concept echoed repeatedly in international jurisprudence. The Registry reasoned that tyres typically emit a strong rubber smell; thus, the sudden, unexpected perception of roses would create an immediate and unmistakable association with a single source. As the order notes, this olfactory contrast would leave “a very strong impression” on consumers, satisfying both inherent distinctiveness and the practical test of source-identification. This reasoning aligns with cases such as the U.S. registration of scented thread: where a smell bears no connection to the product’s function, its distinctiveness strengthens dramatically. The Role of the Amicus Curiae: Experience and Vision in Uncharted Territory The appointment of Mr. Pravin Anand as amicus curiae was a crucial aspect of this proceeding. Known for his deep experience in trademark litigation and his long-standing scholarship on non-traditional marks, he was tasked with offering an impartial, expert assessment on issues with no prior Indian precedent. What is noteworthy is how closely the issues in the case mirrored those he had previously analysed in his APAA article. There, Mr. Anand argued that smells occupy a unique space where science, art, and law intersect, and that legal systems must evolve to accommodate sensory indicators of origin. His suggestions particularly on the need for technological tools to assist graphical representation found concrete realisation in this case. Thus, while his role remained purely advisory, this matter demonstrates how scholarship, vision, and practical experience can converge to give direction to novel legal problems. Conclusion: India Joins the Global Dialogue The acceptance of India’s first olfactory mark for advertisement marks not only a domestic milestone but an international statement. With this order, India: aligns itself with global jurisprudence, embraces scientific advances in sensory representation, enables businesses to innovate in multisensory branding, and signals openness to the evolution of non-traditional trademarks. As trademark law continues to expand beyond the visual and into richer sensory domains, India’s decision stands as a thoughtful, forward-looking contribution to the global legal conversation on what a trademark can and should be. Authors: Vaishali R Mittal, Senior Partner – Litigation & Strategy, Anand and Anand Email: [email protected]

King Stubb & Kasiva has appointed Atul N Menon as a Partner in its Litigation and Dispute Resolution practice. Atul joins the Firm after being a Partner at SAGA Legal, and prior to that, he was Counsel at AZB & Partners, where he advised and represented clients in complex commercial and regulatory disputes. He holds a B.A. LL.B. (Hons.) from the National University of Advanced Legal Studies (NUALS), Kochi, and an LL.M. in International Dispute Resolution  from Queen Mary University of London. With over 13 years of experience, Atul has represented clients before the Supreme Court of India, several High Courts, and key regulatory and investigative forums, advising on a wide range of white-collar, financial, and audit-related criminal matters, in addition to arbitrations, civil suits, and shareholder disputes. He has advised and represented leading Indian and multinational corporations in high-stakes criminal investigations involving white-collar offences, financial irregularities, and auditing issues, appearing before courts as well as enforcement and investigation agencies. As a key member of litigation teams, Atul has been involved in some of the country’s most high-profile and transformative litigations, with notable successes in insider trading cases, money laundering investigations, and proceedings under foreign exchange laws. His experience also includes representing Chartered Accountants and Company Secretaries in sensitive regulatory and criminal matters. He has also acted for banks and financial institutions in recovery proceedings and has advised corporates on oppression and mismanagement, mergers, capital reductions, and restructuring matters. He also serves on the Advisory Council of the Indian Society of Artificial Intelligence and Law and is a member of the youth wings of leading international arbitration institutions, including YIAG, YICCA, and YMCIA. His work has been recognised through his inclusion in BW LegalWorld’s “40 Under 40” list of legal elites (2024) and his recognition as a “Future Star” for White-Collar Crime by Benchmark Litigation (2025). Commenting on Atul’s joining, Mr. Jidesh Kumar, Managing Partner of King Stubb & Kasiva, said: “We are delighted to welcome Atul to the partnership. His sharp litigation acumen, deep expertise in white-collar and regulatory matters, and extensive experience across courts and investigative forums bring immense value to our clients. At KSK, we continue to strengthen a future-ready disputes practice capable of handling complex, high-stakes, and evolving legal challenges.” Atul added, “I am pleased to join King Stubb & Kasiva at an important inflection point in the Firm’s growth. KSK’s strong credentials in complex litigation, white-collar, and regulatory matters, coupled with its progressive and collaborative culture, make it a compelling platform. I look forward to working with the team to further strengthen the disputes practice and to advising clients on high-stakes, strategically critical matters.”