ARTICLE · 25 APRIL 2025

Registration Of Identical Trademarks

Counselence

Contributor

Counselence

View firm profile

Explore more from Counselence

The Delhi High Court (HC), in the Broad Peak case,1 dealt with a case where two companies held trademark registration over an identical trademark.

IndiaIntellectual Property

The Delhi High Court (HC), in the Broad Peak case,¹ dealt with a case where two companies held trademark registration over an identical trademark. It observed that if a mark is well-known internationally, it does not mean that there has been a spillover of its reputation and goodwill in India.

Brief Facts

Broad Peak Investment Holdings Limited (BPIH) is an investment advisor. d

Broad Peak Capital Advisors LLP (BPCA) is an asset management company.

BPIHL had been using the mark 'Broad Peak' (Trademark) since 2006 and had a trademark registration in India effective from February 15, 2017.

BPCA had incorporated on August 30, 2016, and also held trademark registrations for the Trademark.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

GUI And Icon Designs In India: CGPDTM’s Draft Guidelines Open The Door, With Conditions

IndiaIntellectual Property

S.S. Rana & Co.

Process Patent Infringement And The Burden Of Proof Under Section 104A In India: Lessons From NOCIL v. Finorchem

IndiaIntellectual Property

S.S. Rana & Co.

Only Urgent Interim Relief Qualifies As Grounds For Exemption From Pre-Institution Mediation: The Calcutta High Court’s ITC v. SMM Tobacco Ruling

IndiaIntellectual Property

S.S. Rana & Co.

Trade Mark Rights And The Resale Of Genuine Goods In India: The Limits Of A Brand Owner’s Control From MRF v. Conveyo Belt Centre To Kapil Wadhwa And TTK v. Hiveloop

IndiaIntellectual Property

S.S. Rana & Co.

Delhi HC’s Interim Order On ANI Media Pvt. Ltd. v. OpenAI OPCO LLC

GlobalIntellectual Property

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Intellectual Property
- Trademark

Related Comparative Guides

Comparative Guide

Patent Litigation

Comparative Guide

Trademark Disputes

Comparative Guide

Franchise & Licensing

Comparative Guide

Intellectual Property

See more popular content from

Intellectual PropertyCounselence

How To Check Indian Patent Application Status?

Indian patent application status refers to the latest status of an application in the tracking system of the Indian Patent Office.

IndiaIntellectual Property

YouTube Copyright Strikes Explained: How Creators Can Protect Their Content

YouTube operates within the framework of international copyright laws and has policies to protect intellectual property owners while balancing fair use.

IndiaIntellectual Property

De Penning & De Penning

Trademark Registration Fees In India: Complete Fees Structure

Learn about the trademark registration fees in India, including costs for individuals, startups, and businesses. Understand filing methods, additional charges, and more.

IndiaIntellectual Property

Copy, Right? ANI Media Pvt. Ltd. v. Open AI OpCo LLC

When an artificial intelligence system is trained on copyrighted news content, and later answers a user’s question using what it learned, has the law been broken? On 24th July 2026, the Delhi High Court answered that question, at least for now. In ANI Media Pvt. Ltd. v. Open AI OpCo LLC, Justice Amit Bansal declined to grant an interim injunction against OpenAI, holding, on a prima facie, interim stage view, that the company’s use of ANI’s news content to train its large language models (“LLMs”) falls within the fair dealing exception under Section 52(1)(a) of the Copyright Act, 1957

IndiaIntellectual Property

S.S. Rana & Co.

AI, Deepfakes & Copyright In India: The 2026 Legal Position

Generative Artificial Intelligence (AI) has revolutionized the production, reproduction and dissemination of creative works, as well as posing intricate challenges for copyright law. A major type of synthetic media, deepfakes also pose further issues regarding copyright violations, personality rights, privacy concerns, and intermediary liability.

IndiaIntellectual Property

Maheshwari & Co. Advocates & Legal Consultants

India’s Patent Office Sets Guardrails For AI-Assisted Examination

The Office of the Controller General of Patents, Designs and Trade Marks published the Guidelines for the Use of Artificial Intelligence in Patent Examination Procedures on August 7, 2026, laying down a framework for the use of AI in patent examination.

IndiaIntellectual Property

AI Training Data, Copyright Risk And Commercial Liability: What Businesses Need To Know

On 8 October 2026, USA Today Co. and its affiliated newspaper companies, which publish 19 titles including USA Today, the Detroit Free Press and The Arizona Republic, sued seven OpenAI entities in the US District Court for the Southern District of New York. The complaint alleges that OpenAI copied their journalism to train its models, stripped identifying information from it, and now uses those models to give ChatGPT users summaries that substitute for the original reporting. The publishers seek more than USD 250 million in damages, an injunction and an order for the destruction of models and training sets containing their content.

IndiaIntellectual Property

India's First AI Copyright Ruling: The Delhi High Court In ANI v. OpenAI

The Delhi High Court, in ANI Media Pvt. Ltd. v. OpenAI OpCo LLC, has delivered India's first significant ruling on the application of copyright law to the training and functioning of large language models ("LLMs").

IndiaIntellectual Property

Authorship vs Ownership Of Work Under The Copyright Act; What Is The Difference?

The Copyright Act, 1957 uses two different terms for a work- ‘Authorship' and ‘Ownership'. Is there a difference between the two?

IndiaIntellectual Property

Naik Naik & Company

Film Piracy In India

Film Piracy is the unauthorised copying, distribution or sharing of movies and films without the consent of the creators, or producers.

IndiaIntellectual Property

Khurana & Khurana, Advocates and IP Attorneys

The Principle Of 'No Work No Pay'

The Allahabad High Court (HC) in the Shivakar Singh case denied relief to employee Shivakar Singh (Singh) of Uttar Pradesh Power Corporation Limited (UPPCL).

IndiaEmployment and HR

Registration Cannot Be Refused Due To Lack Of Title Documents

The Supreme Court, in the K. Gopi case, held on April 7, 2025 that Sub-Registrar or Registering Authority cannot adjudicate on the seller's title document to execute transfer property and refuse registration in the absence of the same.

IndiaLitigation, Mediation & Arbitration

Courts Must Pass Reasoned Orders In Ex Parte Proceedings

The High Court of Kerala ("HC"), in the Sanjeevan Swamy case, held that in ex parte proceedings, the Court can issue an order in favour of the party present only if they prove their rights or the opposite party's liability.

IndiaReal Estate and Construction

Evidence Proving Employer-Employee Relationship

The Kerala High Court (HC), in the case of Sakkir Hussain,1 held that it can exercise jurisdiction over the order of compensation by the Commissioner when there is a lack of evidence to prove the existence of an employer-employee relationship.

IndiaEmployment and HR

Writ Maintainable To Safeguard Existing Right

The Allahabad High Court in Jai Prakash Associates Ltd. v. State of U.P., held that the writ jurisdiction can be invoked to safeguard existing rights and not for seeking to establish any new right.

IndiaLitigation, Mediation & Arbitration

Leave Encashment Is A Statutory Right

The Gujarat High Court in the Sadgunbhai Semulbhai Solanki case1 held that depriving a person of their leave encashment, which is equivalent to their salary, violates their constitutional right.

IndiaEmployment and HR

Mere Registration Does Not Validate A Will

The Supreme Court ("SC"), in Leela and others case,1 held that a will is not deemed valid simply by being registered. Rather, it must be proven in compliance with Section 682 of the Evidence Act, 1872 and Section 633 of the Indian Succession Act, 1925.

IndiaFamily and Matrimonial

Once Accepted Voluntary Retirement Cannot Be Cancelled

The Delhi High Court ("HC") in Baikuntha Nath Das case1 held voluntary retirement could not be cancelled.

IndiaEmployment and HR

Stigmatic Termination Only After Enquiry

The Chhattisgarh High Court in Yaad Das Sahu case held that even for contractual employment, if any stigmatic termination order is to be passed, it must be done after holding proper enquiry and giving due opportunity of hearing to the concerned employee.

IndiaEmployment and HR

Implementing Court Orders

The Bombay High Court on March 23, 2025 in the Arun Firodiya case, opined that persons in positions of control and supervision over an industrial establishment's affairs are obligated to implement court orders even pending their appeal.

IndiaEmployment and HR