Super Lawyer

Tag: brand protection

  • “Over the years, I have witnessed how IP law has expanded from traditional Patents and Trademarks to addressing digital content, AI-generated works, and global enforcement challenges.” – Shipra Alisha Philip, Senior Associate at RNA Technology and IP Attorneys. 

    “Over the years, I have witnessed how IP law has expanded from traditional Patents and Trademarks to addressing digital content, AI-generated works, and global enforcement challenges.” – Shipra Alisha Philip, Senior Associate at RNA Technology and IP Attorneys. 

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    With your extensive and impressive expertise in Intellectual Property matters, looking back on your remarkable career journey, what initially inspired you to pursue a career in law? What was the driving force behind your decision to specialize in the dynamic and specialized field of IP law, and how have you seen the field evolve over the years?

    Growing up as a girl in Patna, a city full of ambitions, I always dreamed of making a difference. Growing up in a society where career paths often followed traditional expectations, I had ambitions that went beyond the norm. However, despite being surrounded by convention, I was fortunate to have parents and a brother who supported my aspirations and encouraged me to pursue my dreams. From an early age, I was determined to carve my own path and make a meaningful impact. I was driven by the idea that no matter where you come from, determination and passion can open doors to incredible opportunities. I have always been a creative person, drawn to ideas, innovation, and the power of original thought. That’s what led me to law because, at its core, law is about shaping and protecting ideas that can change the world.  

    As I delved deeper into legal studies, it was Intellectual Property (IP) law that truly captured my passion. It was thrilling to see how a single patent, trademark, or copyright could empower inventors, businesses, and creative minds worldwide. That realization fuelled my decision to specialize in this field. Also, while many areas of law are well-settled and fixed, IP law evolves constantly, adapting to technological advancements, new business models, and creative breakthroughs.

    Over the years, I have witnessed how IP law has expanded from traditional patents and trademarks to addressing digital content, AI-generated works, and global enforcement challenges. It has transformed into a field that is deeply intertwined with the future of technology and business. Looking back, my journey has been about pushing boundaries, embracing change, and proving that creativity and ambition can redefine expectations. IP law continues to inspire me because it never stands still. It grows with society, with technology, and with the brilliant minds it seeks to protect. 

    Reflecting on the early stages of your career, from internships to your initial legal roles, what were some of the most formative experiences that helped shape your foundation in the legal profession, especially in IP law? How did these early challenges prepare you for your current success in this highly specialized area?

    From the very beginning of my career, I had the opportunity to work at top-tier law firms, each playing a pivotal role in shaping my foundation in the legal profession. Every firm I worked at contributed uniquely to my growth, equipping me with the skills and confidence to navigate the complexities of IP law.

    Starting with a strong litigation background, I developed a keen eye for detail and the ability to anticipate legal hurdles early on. As a fresher, meticulous attention to detail was the primary expectation, a skill I quickly honed while handling high-stakes IP matters. I was also encouraged to ask as many questions as possible, as my seniors often emphasized that “no question is stupid.” This supportive environment helped me shed any inhibition about seeking clarifications, allowing me to develop a deeper understanding of the law and intricate IP matters. These early experiences refined my analytical skills, strengthened my problem-solving approach, and laid a strong foundation for my career in IP law.

    Over time, I was given direct exposure to client handling, allowing me to lead conferences and calls independently. This experience not only refined my communication skills but also solidified my confidence in the knowledge I had gained over time. It allowed me to apply that expertise effectively in my advisories, ensuring practical and strategic solutions for clients. 

    These formative experiences prepared me to take on greater responsibilities in my current senior role at RNA Technology and IP Attorneys. At RNA, I have had the opportunity to lead complex IP matters while also showcasing my expertise at international and national IP conferences, building strong professional networks. Additionally, my firm has encouraged me to contribute to the broader IP discourse through various publications, where I have explored pressing topics such as landmark international and Indian rulings and their impact on the Indian copyright and trademark landscape, brand challenges and counterfeiting in the nutraceutical industry, the impact of AI, IP, and data privacy in India’s growing medical tourism, the trends, regulations, and IP hurdles in the Indian pet food industry, and evidence admissibility in trademark disputes. What sets RNA apart is its commitment not just to the firm’s growth but also to individual professional branding. This support has allowed me to refine my expertise, expand my industry presence, and actively engage in thought leadership within the IP space. Each step in my journey has reinforced my passion for IP law and my ability to adapt to its ever-evolving landscape.

    As someone with deep expertise in handling domain name disputes, particularly before NIXI, what are the key legal considerations that must be taken into account when addressing such issues? Could you share a particularly memorable or challenging case from your experience and how you navigated it, offering valuable insights for aspiring lawyers in this domain?

    When addressing domain name disputes, several legal considerations must be taken into account:

    1. The complainant must establish trademark rights over the disputed domain. Even if the mark is unregistered, demonstrating extensive use and brand recognition can strengthen their case.
    2. The disputed domain name must be identical or confusingly similar to the complainant’s trademark. Minor variations, such as typo squatting, do not necessarily create distinctiveness.
    3. The respondent may avoid liability if they can prove legitimate rights or a fair use of the domain, such as using the domain for a genuine business unrelated to the complainant’s brand; being commonly known by the domain name; and/or making non-commercial, fair use of the domain.
    4. The complainant must prove that the domain was registered and/or used in bad faith, such as: acquiring it with the intent to sell at an inflated price or misleading consumers, phishing, or redirecting traffic to a competitor.
    5. A respondent may defend their case by proving legitimate rights, such as using the domain for a genuine business unrelated to the complainant’s brand; being commonly known by the domain name; and/or making non-commercial or fair use of the domain.

    In a high-profile INDRP dispute, I defended a client against a corporation alleging bad faith registration. Through strong evidence, we proved:

    • The domain had a legitimate, bonafide use.
    • The complainant knew of the domain but took no action (acquiescence).
    • Market research showed third-party usage of the complainant’s mark, weakening exclusivity claims.
    • Inconsistencies in the complainant’s prior trademark office positions further undermined their case.

    The arbitrator ruled in our favor, reinforcing that trademark ownership alone does not guarantee domain rights.

    For aspiring lawyers in this field, my advice is:

    • Assess legitimate interest. A trademark does not automatically grant domain rights. The complainant must prove bad faith registration and lack of legitimate interest on the respondent’s part.
    • Prior knowledge of the domain without action weakens the complainant’s case. Always advise clients to review old records, emails, or correspondence for any indication of prior knowledge. As lawyers, conducting online research, scanning publicly available documents such as publications, interviews, advertisements, etc. can uncover evidence of acquiescence.
    • Review past trademark claims and court proceedings to identify inconsistent pleadings of the parties.
    • Market research is crucial. A thorough investigation into how a mark is used across different industries can weaken a complainant’s exclusivity claim and help establish generic or descriptive use of a term.
    • Domain disputes are not won on allegations alone. Well-documented evidence, strong legal arguments, and meticulous research are essential to securing a favourable outcome.
    • With the growing importance of online branding, domain disputes are becoming increasingly complex. Aspiring IP professionals must stay updated on digital enforcement strategies, evolving domain name laws and policies, and international best practices to remain competitive in this space.

    Managing global trademark portfolios is no small feat. What are some of the most significant challenges you encounter when dealing with international trademarks, and how do you navigate these complexities to deliver exceptional results for your clients? Could you share the most complex or fascinating trademark matters you’ve dealt with?

    Well, managing international trademarks in India poses challenges due to jurisdictional differences, procedural complexities, and evolving legal standards. Key challenges and strategies include:

    1. Classification Challenges: India follows the Nice Classification system, but jurisdictional variations in interpretation, overlapping classes, and administrative constraints can create uncertainties. Market practices and evolving product categories further complicate classification. Careful jurisdiction-specific analysis is essential.
    2. Registrability Issues: Descriptiveness and genericness are interpreted differently across jurisdictions. A comprehensive clearance search can help assess registrability and mitigate objections.
    3. Prior Use vs. First-to-File: Unlike strict first-to-file jurisdictions, India recognizes common law rights. Foreign brands without prior use may face opposition from local businesses. Proactive filings and documented use evidence are crucial.
    4. Trademark Squatting: Unauthorized third parties often register well-known foreign brands in India. Legal remedies like oppositions, cancellations, and rectifications, along with watch services, help address potential infringements early.
    5. Budget Constraints and cost-effective protection: Costs for trademark filings, renewals, oppositions, and enforcement can be unpredictable. A flexible budget should anticipate expansion needs and enforcement actions. Recommending prioritization of key markets and leveraging cost-efficient systems like the EU Trademark and WIPO’s Madrid System for multi-country filings can be beneficial.
    6. Competitive Monitoring: Tracking competitor filings and industry trends is essential. Regular trademark database analysis helps businesses stay ahead of emerging market developments.
    7. Record Maintenance: Outdated trademark records complicate enforcement and transactions. Prompt updates for assignments, name changes, and acquisitions ensure legal clarity.
    8. Leveraging Technology: Manual processes slow portfolio management. AI generated tools enhance efficiency in searches, classification, and trademark monitoring.
    9. M&A Due Diligence: Hidden conflicts or weak rights can impact acquisitions. Thorough due diligence, verifying ownership, status, and conflicts mitigate risks.

    By addressing these challenges with strategic planning, businesses can efficiently manage global trademark portfolios while minimizing risks and costs.

    One of the complex trademarks matters I handled involved a global brand facing objections from the Indian Trademark Office at the examination stage. Although our client’s brand had been adopted, registered, and widely used internationally long before, the objections were based on similar third-party trademark registrations that predated it in India. The key challenge was establishing the brand’s transborder reputation in India despite limited direct use. To build a strong case, we compiled extensive evidence, including global sales figures, media coverage, and proof of consumer awareness in India. We also examined international conferences where our client’s mark and product had been showcased, many of which were attended by Indian delegates, thus demonstrating brand exposure among potential consumers in India. Additionally, we submitted old correspondence from Indian entities inquiring about our client’s product under the disputed trademark. Through strategic arguments and well-documented evidence, we successfully secured the brand’s rights in India.

    Trademark opposition and rectification petitions are complex and nuanced processes. How do you approach the preparation and management of these cases? What research tools do you rely on, and how would you assess the effectiveness of the trademark registry in resolving disputes in a timely manner?

    My approach begins with comprehensive preliminary research, analysing the trademark’s history, including prior use, registrations, assignments, and any past opposition, rectification, or litigation. A strong opposition or rectification petition hinges on clear, compelling arguments. It is therefore crucial to assess the similarity or dissimilarity of competing marks through various legal principles, such as the Rule of Anti-Dissection and Dominant Feature, while also examining grounds like non-use, likelihood of confusion, bad faith adoption, misrepresentation, and inconsistent pleadings before judicial authorities and tribunals.

    To establish prior rights and brand goodwill, I rely on market research, global brand reputation reports, advertisements, social media presence, publications, consumer recognition surveys, etc. Website archives, trademark journal publications, and business reports also help substantiate claims.

    In terms of research tools, I extensively use trademark registry databases, WIPO’s Global Brand Database, EU trademark database, domain name databases, Registrar of Companies (ROC) records, social media searches, and online archives to track prior filings, international use, and potential conflicts. Litigation databases and court records are equally valuable in assessing past disputes involving the contested mark. Additionally, the use of AI-powered tools significantly enhances legal and trademark research, strategy-building and trademark monitoring to help identify potential conflicts more efficiently. 

    The Indian Trademark Registry has made improvements in handling disputes efficiently, particularly through digital filings and automation and open house helpdesk portal to address queries. However, challenges persist, including backlogs, procedural inconsistencies, lack of nuanced understanding of IP laws by hearing officers, and frequent adjournments, all of which delay swift resolutions. Despite procedural bottlenecks, leveraging technology alongside a well-researched and strategically argued case significantly increases the likelihood of a favourable and timely outcome.

    As a respected leader managing a team of talented lawyers and paralegals, how do you ensure that workload distribution is both effective and balanced across your team, especially when dealing with high-stakes and intricate IP cases? How do you foster a collaborative environment to ensure your team works cohesively to meet client expectations and deliver top-tier results?

    As a leader managing a team of skilled lawyers and paralegals, I believe in a strategic delegation approach, where tasks are assigned based on individual expertise, experience, and bandwidth. 

    I delegate legal drafting and opinion writing to my lawyers, ensuring they gain hands-on experience in core legal work. I thoroughly review their drafts, provide detailed feedback, and refine their arguments, helping them sharpen their legal reasoning and drafting skills. Where a matter demands deep legal analysis, I personally handle it to ensure accuracy and a strong legal foundation. For particularly complex or high-stakes cases, I seek insights from my partners, leveraging their expertise to strengthen our strategy. The paralegals support research, document and database management, basic drafting, and procedural filings, streamlining the workflow and allowing the team to focus on substantive legal work. 

    Collaboration is at the core of my leadership style. I encourage open communication and make it a point to ask my team, “What challenges are you facing, and how can I support you?” – a principle I learned from my husband. This approach also aligns with my firm’s core values and creates a friendly and supportive environment where challenges are addressed proactively, fostering both professional growth and efficiency. By maintaining clear guidance, open dialogue, and strategic delegation, I ensure that our team works cohesively to meet client expectations and deliver top-tier results.

    To maintain balance and prevent burnout, I regularly assess workload distribution, keeping track of deadlines, case priorities, and individual capacities. Leveraging project management tools and AI-powered legal tech, we monitor case progress, streamline task allocation, and optimize efficiency, ensuring that no single team member is overburdened.

    In pre-litigation enforcement, you play a crucial role in preparing legal notices, settlement proposals, and conflict resolution strategies. What key strategies do you employ to negotiate settlements before issues escalate into full-scale litigation? Additionally, what common pitfalls should companies be mindful of early on to avoid litigation concerning their IP assets?

    Well, the goal is to resolve disputes efficiently while protecting the client’s IP rights. Before initiating any action, a detailed evaluation of the IP rights in question is a must. This includes assessing prior use, registrations, market presence, and the overall strength of the client’s position to determine the best strategy. A well-drafted cease-and-desist notice sets the tone for resolution. In fact, the language of the notice depends on the client’s approach. While it must be firm in asserting rights, it should also leave room for structured discussions. Rather than escalating conflicts immediately, I explore amicable solutions such as settlement options, coexistence agreements, licensing arrangements, branding/packaging modifications, or even buy-out options. This approach fosters dialogue while protecting legal interests. With courts increasingly emphasizing mandatory mediation in IP disputes, pre-litigation enforcement has evolved significantly. Many high courts, particularly the Delhi High Court, actively encourage mediation as the first step before litigation, recognizing its effectiveness in resolving complex conflicts. Whenever possible, I advocate for mediation or arbitration to secure cost-effective and swift resolutions, minimizing the burden of litigation. Beyond legal considerations, I believe it’s essential to weigh the commercial interests of both parties. An enforcement strategy should aim for long-term business viability rather than just short-term legal victories. By balancing legal rights with practical business solutions, disputes can often be resolved more efficiently while maintaining brand integrity and commercial relationships.

    Many businesses make the mistake of launching a brand without conducting comprehensive trademark searches, leading to costly disputes and rebranding efforts. A thorough clearance search can prevent such legal complications. Weak IP contracts are another common issue. Poorly drafted agreements in licensing, joint ventures, or vendor relationships can result in ownership disputes. Clearly defining rights, obligations, and dispute resolution mechanisms is essential. Inconsistent brand use and failure to enforce trademarks can weaken legal rights over time, making regular monitoring and timely action against infringers crucial. Additionally, businesses often neglect to maintain proper evidence of trademark use, such as first use records, advertising, and consumer recognition, which are vital for defending exclusivity in disputes. Rushing into poorly negotiated settlements can also lead to recurring conflicts; settlement agreements should clearly define future use, licensing terms, and territorial rights to ensure long-term protection. By addressing these pitfalls proactively, companies can safeguard their intellectual property and minimize litigation risks.

    Balancing the demands of a challenging legal career with personal life is undoubtedly a tough task, especially in such a high-pressure profession. How do you manage to maintain equilibrium between your professional commitments and personal well-being? Could you share some strategies that help you preserve your health and sustain a balanced lifestyle, even while excelling at the top of your field?

    Maintaining equilibrium is not just about time management, it’s about setting priorities and boundaries. Efficient planning of work ensures that deadlines are without unnecessary last-minute stress. Delegation also plays a crucial role. I entrust responsibilities to my team while maintaining oversight, allowing me to focus on high-level strategy and complex legal matters. While the legal profession often demands round-the-clock availability, I try to carve out time for my family, my two adorable cats and my personal interests like travelling, reading and watching movies. Setting realistic expectations with clients and my team helps manage workload without burnout. Also, self-care is important. Whether it’s staying physically active, pursuing hobbies, or simply taking short breaks during the day, these small habits help sustain energy and focus. Additionally, having a strong support system, both professionally and personally, makes all the difference. At the end of the day, excelling in this profession is not just about working hard, it’s about working smart, staying innovative in your work and ensuring that both professional success and personal well-being go hand in hand.

    Your broad expertise across various legal areas is truly commendable. For young lawyers looking to build a diverse and successful practice like yours, what key advice would you offer? What skills, attributes, and mindset do you believe are essential for navigating the competitive and multifaceted world of law, particularly in the ever-evolving field of IP? 

    Adaptability and continuous learning are key for diverse and successful practice in law. IP law evolves rapidly, so staying updated on legal developments and industry trends is essential. Strong research, analytical, and communication skills are crucial for presenting clear, persuasive arguments. Beyond technical expertise, a problem-solving mindset and commercial awareness set a lawyer apart. Clients value strategic, practical, and business-oriented solutions rather than just legal advice. Lastly, mentorship and networking open doors to invaluable insights and opportunities. Success in law comes from critical thinking, innovation, and integrity in navigating legal challenges.

    Get in touch with Shipra Alisha Philip –

  • “My goal is to bridge the richness of tradition with the dynamism of modern legal practice, creating a meaningful impact for those I serve.” – Rishi Bansal, Advocate & Managing Associate at United & United.

    “My goal is to bridge the richness of tradition with the dynamism of modern legal practice, creating a meaningful impact for those I serve.” – Rishi Bansal, Advocate & Managing Associate at United & United.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    As one of the youngest and most innovative minds in your firm, looking back, do you feel that law was always your intended career path, or was there a particular experience or influence that steered you toward this profession?
    Looking back, I feel that law was always destined to be a part of my journey. As a fourth-generation lawyer, I was immersed in an environment where discussions about justice, strategy, and advocacy were part of daily life. While my parents never pressured me to pursue this path, the legacy of law within my family naturally drew me in. 

    My grandfather deeply inspired me, Mr. Krishna Gopal Bansal, and my father, Mr. Shravan Kumar Bansal, whose unwavering commitment to justice and innovation left a lasting impression on me.

    Accompanying them to their office as a child, I was captivated by their meticulous approach to every case and the respect they garnered from peers and clients alike. These experiences shaped my understanding of the legal profession as more than just resolving disputes; it’s about shaping lives, empowering communities, and upholding justice. 

    This profound sense of purpose motivated me to embrace the profession wholeheartedly. Today, as one of the younger members of my firm, I strive to honor this legacy while bringing a fresh, innovative perspective to an evolving field. My goal is to bridge the richness of tradition with the dynamism of modern legal practice, creating a meaningful impact for those I serve.

    What initially drew you to Intellectual Property Law, and what motivated you to pursue an LL.M. (Pro.) in this area? How has your specialization in IP law contributed to your professional growth and success? 

    My interest in Intellectual Property (IP) Law was rooted in both family legacy and a personal fascination with the intersection of creativity, innovation, and legal protection. My great-great-grandfather once advised my grandfather to delve into IP law, planting the seeds for what has become a multi-generational practice in our family. Growing up in this environment, I witnessed how IP law empowers creators, safeguards innovation, and fuels economic progress, sparking my own curiosity and passion for this field. 

    Pursuing an LL.M. (Pro.) in Intellectual Property Law was a natural step in deepening my expertise. The program offered me a comprehensive understanding of the intricate frameworks governing IP law, from international treaties to emerging trends and strategic enforcement mechanisms. It also broadened my perspective, exposing me to global practices and equipping me with the tools to address the complex challenges of a rapidly evolving domain. 

    Specializing in IP law has been a cornerstone of my professional growth. It has allowed me to collaborate with innovators, businesses, and creators, helping them protect their ideas and transform them into impactful realities. This focus has not only strengthened my legal acumen but has also enabled me to carve a unique niche in a competitive legal landscape. It continues to offer diverse opportunities to contribute meaningfully to the intersection of law, creativity, and innovation.

    With your extensive experience handling IP-related matters, could you share your journey from Trainee Associate to Managing Associate? How have your roles evolved over time at United & United, and what key lessons from your early years have had the most lasting impact on you today? 

    My journey from Trainee Associate to Managing Associate at United & United has been enriching and transformative. As a Trainee Associate, I was introduced to the foundational aspects of intellectual property law—conducting meticulous research, drafting applications, and assisting in litigation. Those early years were instrumental in shaping my understanding of the field and building a strong work ethic. 

    As I progressed, my responsibilities evolved significantly. As an Associate, I began managing cases independently, engaging directly with clients, and devising strategies to address complex IP matters. 

    Transitioning to a Senior Associate role further broadened my perspective as I took on mentoring responsibilities and played a more active role in developing firm-wide strategies. 

    As a Managing Associate, I oversee teams, handle high-stakes IP portfolios, and contribute to the firm’s vision of fostering innovation and excellence. Each role has brought new challenges and opportunities for growth, allowing me to refine my skills and leadership abilities. 

    The key lessons from my early years have left an indelible impact. I carry everyday principles such as attention to detail, clear communication, and continuous learning. Most importantly, I’ve learned that building strong relationships—with clients, colleagues, and industry stakeholders—is the cornerstone of long-term success in the legal profession. 

    Having represented leading brands in trademark and design matters, how do you adapt your legal strategies for clients across diverse industries? What unique challenges do you face when protecting trademarks for fashion and consumer goods brands specifically? 

    Representing leading brands across diverse industries requires a deep understanding of not only the law but also the unique market dynamics and creative nuances of each sector. My approach involves tailoring legal strategies to align with the client’s business goals, market position, and competitive landscape. By immersing myself in the specific industry’s trends, challenges, and consumer behaviour, 

    I can craft solutions that resonate with the brand’s identity and long-term vision. When it comes to fashion and consumer goods brands, the challenges are particularly distinct. These industries thrive on creativity, rapid trends, and high consumer engagement, which make their trademarks and designs both highly valuable and vulnerable. Protecting trademarks in these sectors often involves addressing issues like counterfeit goods, fast-paced design replication, and maintaining exclusivity in a saturated market. 

    Additionally, fashion and consumer goods brands frequently operate on a global scale, requiring vigilance against cross-border infringement and navigating varying legal frameworks in different jurisdictions. The challenge lies in ensuring comprehensive protection while enabling the brand to evolve and expand without unnecessary legal constraints. 

    To address these challenges, I focus on proactive measures such as securing robust IP portfolios, continuous monitoring for potential infringements, and leveraging technology-driven tools for enforcement. I also prioritize fostering strong client collaboration, ensuring that my legal strategies not only protect their rights but also enhance their market presence and brand equity. Ultimately, my goal is to help clients thrive in their respective industries by ensuring their creative assets are safeguarded and strategically positioned for sustained success.

    Your expertise in international trademark law is highly regarded. What challenges do you face when securing global brand protection for clients, and how do you manage cross-border trademark disputes or registrations? Can you share a particularly challenging case that tested your skills in this area? 

    Securing global brand protection involves navigating a complex web of legal frameworks, cultural nuances, and market-specific challenges. Each jurisdiction has its own set of laws, procedures, and timelines, requiring a tailored approach to ensure effective trademark registration and enforcement. One of the primary challenges lies in harmonizing these diverse legal standards while maintaining consistency in brand identity and protection strategies. 

    Cross-border trademark disputes further amplify the complexity. Issues such as conflicting trademark rights, bad-faith registrations, and parallel imports often arise, particularly in regions where trademark squatting is prevalent. Managing such disputes requires a combination of strategic foresight, meticulous research, and collaboration with local counsel to ensure compliance with jurisdiction-specific rules while aligning with the client’s global objectives. One particularly challenging case that tested my skills involved securing a global trademark for a tech company launching an innovative product line. The brand name faced conflicting registrations in multiple key markets, including the U.S., Europe, and parts of Asia, where trademark squatters had preemptively filed for similar marks. 

    The case required not only legal acumen but also diplomatic negotiation skills to resolve disputes amicably and cost-effectively. In some jurisdictions, we pursued opposition proceedings and cancellation actions, leveraging evidence of bad faith and non-use. In others, we negotiated coexistence agreements to establish boundaries for trademark usage while protecting our client’s interests. Meanwhile, we implemented a robust monitoring system to prevent future infringements and bad-faith filings. This case underscored the importance of proactive planning, thorough due diligence, and creative problem-solving. 

    By strategically combining legal action with negotiation, we successfully secured the brand’s global footprint, enabling the client to launch their product line seamlessly. Ultimately, challenges in international trademark law demand a balance of legal expertise, strategic adaptability, and cultural sensitivity. My experience in this field has honed my ability to address these complexities while ensuring clients’ brands are well-positioned to thrive in the global marketplace.

    Given that IP law is constantly evolving, how do you see the Indian legal landscape adapting to global changes? What is your opinion on the effectiveness of initiatives like the AI and ML-based Trademark Search Technology and IP Saarthi launched by the CGPTM and DPIIT? 

    Intellectual Property law is inherently dynamic, evolving in response to technological advancements, global trade practices, and the increasing significance of intangible assets. As a rapidly growing economy and innovation hub, India is adapting well to these global changes by modernizing its IP framework and aligning with international best practices. 

    Initiatives like the AI and ML-based Trademark Search Technology and IP Saarthi, launched by the CGPTM and DPIIT, are commendable steps toward enhancing the efficiency and accessibility of the Indian IP system. For instance, the AI and ML-based Trademark Search Technology has significantly streamlined the trademark registration process, reducing the time and effort required for preliminary searches. It reflects a forward-looking approach, leveraging technology to address challenges like backlog and accuracy in trademark examinations. 

    IP Saarthi, aimed at creating awareness and guiding stakeholders, can bridge the gap between innovators and the IP system, particularly benefiting startups and small businesses. It underscores the government’s commitment to fostering an IP-friendly environment by empowering creators with knowledge and resources. 

    While these initiatives are promising, their effectiveness will depend on consistent updates, widespread adoption, and adequate stakeholder training. The continued integration of advanced technologies and robust policy frameworks will ensure India remains competitive globally. As someone deeply invested in this field, I am optimistic about the transformative potential of these initiatives and look forward to seeing their long-term impact on the Indian IP landscape.” 

    In addition to your legal practice, you contribute to the legal community through seminars, publications, and mentoring. How do you view the role of legal education in advancing trademark law, and what advice would you give to young lawyers who want to specialize in this field? Can you also share some resources that students can refer to for staying updates on the latest legal trends in IP? 

    I firmly believe in the transformative power of knowledge, particularly in advancing trademark law and strengthening the intellectual property (IP) ecosystem. Education plays a crucial role not only in shaping the next generation of IP professionals but also in empowering key stakeholders to safeguard the rights of creators and businesses effectively. To that end, my team and I actively organize seminars, webinars, and training sessions, particularly for customs authorities and police personnel. By equipping them with a thorough understanding of IP law, we enable them to play a vital role in enforcing brand protection and combating counterfeiting. These efforts help ensure that government authorities are well-prepared to uphold the rights of brand owners. Equally important is our engagement with students and young lawyers who are eager to specialize in intellectual property law. Through mentorship programs, guest lectures, and interactive workshops, we aim to inspire and guide them to explore the immense opportunities within the IP sector. This field is not only a cornerstone of innovation and creativity but also a driver of economic growth in an increasingly knowledge-based global economy.

    To young lawyers aspiring to specialize in trademark law, my advice is threefold:

    1. Develop a Solid Foundation: Master the basics of IP law, including trademarks, patents, copyrights, and designs, as well as the intricacies of jurisdiction-specific regulations.
    2. Stay Curious and Updated: IP law is constantly evolving due to technological advancements and globalization. Stay informed about new legal precedents, international treaties, and emerging trends in industries like AI, fashion, and technology.
    3. Cultivate Practical Skills: Beyond academic knowledge, focus on skills like negotiation, litigation, and client management, which are crucial in real-world practice.

    For students seeking resources to stay updated, I recommend:

    • WIPO (World Intellectual Property Organization): A treasure trove of international IP resources, reports, and case studies.
    • IP Blogs and Journals: Resources like SpicyIP, LiveLaw, barandbench and Manupatra are a great source of IP Blogs, case studies and latest news.  
    • Professional Networks: Engaging with IP-focused organizations like INTA (International Trademark Association) or participating in IP-related conferences is invaluable for networking and learning.
    • Books: Fostering the habit of regularly reading case laws, bare acts, and staying updated with the latest news is essential for delving deeper into the field of IP law.

    By fostering knowledge at all levels—whether among government authorities, businesses, or students—I aim to contribute to a stronger and more secure IP ecosystem where brands, innovation, and creativity can flourish.

    As the Managing Associate at your firm, you likely have significant responsibilities. How do you maintain a steady workflow while also balancing personal commitments and obligations? 

    As the Managing Associate at my firm, maintaining a steady workflow while balancing personal commitments requires a combination of organization, discipline, and clear prioritization. The key to managing both professional and personal obligations lies in setting realistic expectations and creating structured routines. In my professional role, I rely on effective time management tools and techniques, such as setting clear daily goals, prioritizing tasks based on urgency, and delegating where possible. This allows me to stay on top of deadlines, manage client expectations, and contribute to the growth of the firm. However, I also understand the importance of personal time for overall well-being and productivity. 

    I ensure that I set boundaries by dedicating time for personal commitments, whether it’s spending time with family, pursuing hobbies, or maintaining a healthy lifestyle. I’ve learned that balance doesn’t come from overloading one aspect of my life but by managing them in harmony. Maintaining this equilibrium also requires flexibility; there are days when work demands more time, and other days when personal priorities take precedence. What’s most important is remaining adaptable and staying grounded in both my professional goals and personal values. Ultimately, by fostering a disciplined approach to work and committing to self-care, I’ve found a rhythm that supports both my professional aspirations and personal happiness.

    Get in touch with Rishi Bansal –

  • “Balancing IP protection with effective cybercrime response requires a well-rounded approach.” – Navigating the Intersection of IT Law and Intellectual Property, Ravi Goyal, Partner at Scriboard

    “Balancing IP protection with effective cybercrime response requires a well-rounded approach.” – Navigating the Intersection of IT Law and Intellectual Property, Ravi Goyal, Partner at Scriboard

    This interview has been published by Namrata Singh and The SuperLawyer Team

    Your journey in law is both impressive and inspiring. When did you decide to pursue a career in law, what or who inspired you to take this path, and what challenges did you encounter at the beginning of your career?

    I am not sure if my journey can be described as either of these descriptors, but first of all, thank you for taking the time to do this. I was initially swayed towards law during a reading spree of John Grisham’s work. Around the same time, I also read ‘A Civil Action’ by Jonathan Harr and that is when I started considering law as a career option. However, when I attempted to search more about this field on the internet, I could not find any useful details and the information I did find was not too encouraging. I then dropped the idea of pursuing law. 

    Shortly afterwards, I came in contact with a friend’s brother-in-law who had just completed his law course at NLU, Jodhpur. That is when I was introduced to the world of NLUs and the various career options available to law graduates. Our batch eventually became the first to appear in CLAT since up till 2007 all NLUs had their separate entrance exams.

    I think the major challenges I faced after graduation were related to career progression and making the right choices. However, thanks to various mentors, colleagues and friends and some self-reliance I was able to overcome these challenges – or at least I think so!

    You’ve achieved a rare Reverse Domain Name Hijacking ruling under the INDRP. Could you elaborate on the details of this case and the strategic challenges you faced?

    This was an interesting domain name dispute that came our way. Without making this response too academic or technical, the matter involved a generic term that was registered as a domain name by our client. The Complainant attempted to ‘recover’ this domain name under the. IN Domain Name Dispute Resolution Policy [INDRP] claimed trademark rights in the said generic term. We had to conduct a lot of research into the Complainant’s background to establish that our client had registered the domain name before the Complainant started its business in India and that no single entity can have a monopoly on a generic term in typical situations. The matter was a challenging one because we did not have many past precedents under the INDRP to support our arguments and, moreover, a finding of ‘Reverse Domain Name Hijacking’ [RDNH], which we sought, was virtually never accepted under the INDRP. I am grateful that I had a great team and that the client had faith and belief in our strategy, which allowed us to go the full mile in this matter and successfully attempt the best possible outcome. 

    Having represented Fortune 500 companies, what are some of the emerging trends in data privacy and digital brand management that businesses should be aware of today?

    I think that organisations at this point are far more susceptible to liabilities and legal claims due to the ever-increasing use of digital technology. Organisations need to be aware of all new laws and be compliant with them at all times. Moreover, since in many cases, there are no specific laws for emerging technologies such as Artificial Intelligence [AI], Internet of Things [IoTs], etc., it is crucial to self-regulate and follow industry best practices to safeguard the organisation from any unnecessary liability.  Unfortunately, but typically, organisations should be wary of cyber fraud, brand abuse, brand impersonation, data breaches, vulnerability attacks, etc. which could very quickly compromise their reputation and operations.

    Your expertise spans prosecution, management and protection of IP portfolios, and handling cyber-crimes. How do these areas intersect in your daily practice, and what complexities do they entail?

    In my daily practice, managing and protecting IP portfolios, prosecution, and handling cyber crimes naturally intersect and support each other. When I safeguard my clients’ intellectual property, it often involves protecting these assets from cyber threats too. Moreover, data exfiltration/data breaches, data privacy leaks, IP infringement, etc. are closely interconnected and require constant application of both IT laws and IP laws.

    The tricky part is dealing with the ever-changing nature of cyber threats and staying updated with new regulations and tech developments. I need to constantly monitor, adapt, and come up with proactive strategies to tackle risks, always striving to stay one step ahead of bad actors. Balancing IP protection with effective cybercrime response requires a well-rounded approach to ensure that our client’s interests are covered from all angles. I also constantly ensure that our clients comply with all applicable data privacy laws, intermediary guidelines/regulations and consumer protection laws to minimize their liability in this evolving technological landscape.

    Could you share a bit about your transition from being at Shardul Amarchand Mangaldas & Co. to becoming a Partner at Scriboard? How has this transition influenced your approach to client service and leadership?

    Coming back to Scriboard was an interesting transition as I have spent the majority of my time with Scriboard since I started my career. During my time at SAM, I was able to get a first-hand experience of how a large team of nearly 30 members work in close coordination to deliver top-notch legal advice and achieve results in record time. I also had the opportunity to closely work with my Partners and gain insight into how a leading firm in India operates at the highest level. I feel that this broadened my perspective and allowed me to bring a fresh, evolved approach back to Scriboard in my second stint.

    You’ve authored several publications on topics like domain name disputes and cyber laws. How do these academic pursuits complement your legal practice, and how do they contribute to the industry’s knowledge base?

    I believe that it forces me to stay updated on the latest trends, cases, and regulations, which I can directly use for the benefit of my clients. This also helps to start a discourse where hundreds of articles such as mine are open to everyone’s feedback and inputs and sometimes certain views of readers and other peers can lead to interesting discussions and offer new insights and ideas. 

    Outside of your legal career, you’ve been involved with People Canvas, focusing on education and environmental impact assessment, and you have also founded an online education initiative and a nonprofit organization. Could you please share something about this and also How have these experiences influenced your professional perspective, and how do you balance your legal career with these endeavors?

    Yes, I was part of the founding team of People’s Canvas, a registered NGO that we formed during our law school days. A faculty member of our law school, Dr. Ritumbra Manuvie, and a very good friend of mine, Asst. Prof. Shashi Kant Yadav was the primary driving force behind this NGO which aimed to work in the field of environmental law activism. I also co-founded a vertical called People’s Canvas Online Education along with Asst. Prof. Yadav with a focus on imparting awareness about Environmental Impact Assessments [EIAs] to law students, graduates and others through a first-of-its-kind Online Certificate Course. At the time, it was one of the first completely online short-term courses primarily catering to the legal fraternity. Subsequently, I founded a legal education and research organisation called ‘Student at Law’ to foster awareness and knowledge amongst law students and the legal community through a comprehensive web resource.

    I believe that these experiences have played a tremendous role in shaping my professional life. This fair share of an ‘entrepreneurial’ journey during my law school days and early career helped me gain valuable experience, obtain different perspectives, and, most importantly, teach me the importance of discipline and hard work.

    As a ‘Rising Star’ in Intellectual Property, according to the Legal 500, what advice would you give to young lawyers aspiring to specialize in IT laws and intellectual property?

    Regardless of the practice area you choose, the concept of KISS—’Keep It Simple Silly’—is effective in every situation. This principle can be applied in both personal and professional life. While I am still working on practicing what I preach, I believe that keeping things simple is one of the best skills to acquire and enhance.

    In addition, when it comes to the profession, drafting, attention to detail, research, and spoken language are essential skills that everyone should possess, regardless of their practice area. Specifically for IT or IP law, it is crucial to stay updated on developments in both legal and technological advancements to maintain a firm grasp and understanding of the field.

    In addition to your extensive legal career, could you share some of your hobbies or interests and how they help you maintain a balanced and fulfilling life?   

    A few years ago, I would have readily said reading, but I guess I cannot say that anymore because I am now not able to take the time to read more than 3 to 4 books in a year. I am generally fond of Science Fiction, so any books or movies related to it are certainly always on my watchlist or readlist. Apart from that, I have gradually opened up to the idea of travelling and staycations as it provides an opportunity for a few quiet ones. However, during day-to-day, we are parents to a cute little Indie dog and like to spend our time following his instructions.

    Get in touch with Ravi Goyal-

  • “You never know what tomorrow will bring’ so you should always be prepared and embrace it with all your might.” – Arindom Hazarika, Intellectual Property Attorney, Certified Anti-Counterfeit Professional and Senior Counsel at Western Digital

    “You never know what tomorrow will bring’ so you should always be prepared and embrace it with all your might.” – Arindom Hazarika, Intellectual Property Attorney, Certified Anti-Counterfeit Professional and Senior Counsel at Western Digital

    This interview has been published by Namrata Singh and The SuperLawyer Team

    Thank you for joining us. Could you start by sharing a bit about yourself and your journey in the legal profession? What inspired you to pursue a career in law, and how has your journey unfolded until now?

    Thanks for the kind invitation for this interview. Regarding my journey, I am just the second lawyer in my family after my uncle (who practices in the local district court in Assam), so I am a first-generation corporate lawyer. Law was a very interesting option, considering when I was completing my higher secondary education I wanted to explore a career in economics, but somehow the lure of Law especially the Intellectual Property Laws intrigued me along with a massive love for brands. I finally pursued my law from Hidayatullah National Law University, Raipur in 2009 with a major in Intellectual Property Laws. Since then, I have loved every bit of my journey in law. It all started in a boutique IP law firm in New Delhi (Zeus IP), where I learned the practical side of things and horned my skills in the domain. I loved the part that even being an associate I was given complete freedom to advise numerous multinational clients on IP issues. Post the same I moved to a bigger law firm, where I acquired some essential skills of handling big clients having massive IP portfolios. The change to in house role actually came in when I joined an IP consultancy that was working dedicatedly towards brand protection concerns, which is where I was fascinated with this version of IP i.e., enforcement of IP, this also coincided with one of my close aides who got impacted due to counterfeits and my whole perception changed and I wanted to then focus on enforcement of IP which explains my role at Diageo, Flipkart and Currently Western Digital. Protection of consumers and brands became my passion and I wanted to ensure that I do my bit towards this cause. It is such a strange world, where IP enforcement kind of came to me as an accidental or sudden thought and since then has stayed with me as a core of what I am passionate about and love doing as the famous saying goes ‘You never know what tomorrow will bring’ so you should always be prepared and embrace it with all your might.  

    From working with Diageo India to your current role at Western Digital, you’ve navigated various industries in brand protection. How do you adapt your strategies to suit the unique challenges of each industry, from eco-bev to consumer electronics?

    It’s an interesting question as the industries I worked on are completely different having their own set of challenges and issues, but the learnings I gathered over the course of time specially during my role at the IP consultancy helped me build and develop a great core of what essentials are required for brand protection and IP enforcement. A few things that stand out to me would be looking at the problem and its impact on business, understanding the business model (from a sales and marketing perspective) identifying great business partners, market intelligence and data generation. These factors are common across industries and helped me immensely in adapting across industries.

    Your passion for brand protection shines through in your extensive experience and achievements. What advice would you give to aspiring IP lawyers or brand protection professionals looking to make a mark in this field?

    Thanks for your kind comments. I am grateful to the people whom I worked with who have been kind enough to bestow great knowledge. I would advise young lawyers who want to pursue a career in IP, should certainly explore this very interesting and passionate field of IP enforcement, unfortunately at this stage, it’s not being taught as an educational curriculum, so all the knowledge you can gather is through practical experience. I found this very fascinating considering that my stints across organizations from being support functions to being called revenue generators were a very satisfying experience. I would advise young law students to try and work towards IP enforcement during their internships especially those who plan to intern in FMCG companies, wherein they will realize the importance of this domain. I would also advise young lawyers to stay updated by doing additional courses in upcoming domains like cyber laws and other institutes offering such courses. Lastly, I would advise young lawyers and professionals to be very passionate about the work they do and know that they are creating an immense impact on the society as a whole. They should think with a clear motto of ‘PROUD OF WHAT WE DO’ and ‘BE GENUINE’ in their opinions and thoughts.

    In addition to your professional endeavors, you’re known as a foodie and football enthusiast. How do you strike a balance between your career and personal interests, and how do your hobbies complement your work life?

    Balance is a key term. Fortunately, due to my role, I used to travel extensively, which gave me a great opportunity to experiment and experience different cultures and their food, which was something I used to always look forward to. In fact, due to the same experience, I started travelling to places just to enjoy a delicacy, which gave me such happiness and satisfaction.

    As regards football, it has taught me so much in terms of hard work, resilience, and risk-taking towards my everyday work which I am immensely grateful to. Both my interests are great conversation starters which certainly gives me a very good idea about the stakeholders I will be working with and helps create a personal connection with them. Lastly, one of the biggest things that you require in any professional field is great team spirit which helps you achieve the impossible and watching football showcases that in the best possible manner. There is a very famous quote by one of my inspirations from the footballing world Arsene Wenger who says “Team spirit is like a flower. You have to look after it every day or else it will slowly die. But, as well, you can make it bigger, better and prettier if you care for it.”

    The Brand Protection Charter you established garnered recognition and accolades. Could you walk us through the process of creating such a comprehensive strategy and the impact it had on combating counterfeits and infringement?

    This was a very challenging task, as when I joined there was no concept of Brand Protection at the organization. Hence I had to start from scratch in terms of creating structures that defined the said concept, then identifying current and potential problems that would fall within that followed by identifying relevant stakeholders who dealt with the problem and connecting with them to create a common group. This took a long time as I had to educate them about it and its grave importance. This was followed by documentation which led to the building of SOP which included clear guidelines defining the problem and stakeholders who were responsible, accountable, consulted and informed about it. This helped immensely in unifying all existing synergies and using them to solve problems for many brands. As a part of the program, I also reached out to a lot of rights holders or brands to build a spectrum of issues involved and how uniquely and swiftly we can solve them. This charter gave me immense satisfaction when we built it and I do hope the same helps in further evolving the program to new heights. 

    Your journey includes handling various legal matters, from drafting agreements to conducting raids and enforcing IP rights. What are some common misconceptions people might have about brand protection, and how do you address them in your work?

    One of the biggest misconceptions that I have heard being an IP lawyer is that we only deal with IP litigations that involve IP infringement, which is not correct considering as IP lawyers we also do a lot of work around counterfeits which certainly can be done at various levels starting from Law enforcement authorities and customs as well. Additionally, IP lawyers were also part of a lot of interesting and detailed investigations that present different perspectives on a problem. Also, when you say brand protection it’s a very broad domain that is not only limited to IP issues but might involve other areas that involve the protection of brands. Lastly, the biggest one that I have heard is legal function is just a support function, but I can confidently say that during my stint across organizations, the biggest compliments I got were when the sales referred to us as revenue generators and business partners who can help them ensure a smooth sale of products. Brand Protection gives you a unique opportunity to be recognized as one of the important clogs in product life cycle machinery. 

    Being a certified Anti-Counterfeit Professional, you bring a unique skill set to your role. How do you stay updated with the latest trends and techniques in combating counterfeits and online IP infringements?

    I would stay updated with the latest trends by attending various forums dedicated to IP and Brand Protection like INTA events, and IACC events to help immensely in building it. Also being part of sub-committees at INTA (who have dedicated people working on specific brand protection issues in emerging domains like e-commerce platforms and others certainly adds a lot of perspective around current practices and gives a huge amount of learning from them. I also look up to any dedicated programs that have been introduced by reputed institutions to upgrade and upskill myself in them.

    As someone deeply involved in industry associations like INTA, how do you leverage these platforms to drive positive change in brand protection practices and policies?

    I must say it does help a lot to be part of such Associations considering the impact they are creating. INTA is a great example, considering you can gain a lot of knowledge about current best practices for the issues handled, be part of policy dialogue with relevant stakeholders to drive policy changes and impart training to law enforcement officials on the same. I have leveraged the association to a great extent as I was the chair of the Anti-Counterfeit Committee in the 2022-2023 term for the South Asia region and achieved a lot of success in building best practices for the brand protection domain. Being part of the leadership group also provided an opportunity to tie up with other well-known brands towards the same cause and create many meaningful discourses.

    Looking ahead, what do you envision as the future of brand protection, especially in the face of evolving technologies and global markets? And what role do you see yourself playing in shaping that future?

    There is a massive potential for Brand protection especially with emerging technologies and global market expansion for brands across the world. When I joined the domain, I still remember there were very few multinationals who had dedicated brand protection professionals, teams and most of such work was done by IP and legal teams, in the past few years we have seen brands getting very aggressive about it considering the big important role it plays especially towards revenue generation. Efforts made by brand protection teams go a long way in ensuring revenue growth and great sales. The importance is also further highlighted by emerging problems that come with technology, especially with the advent of the Internet and online business.

    In the bigger scheme of things, I would like to be the evolving face of brand protection professionals leading such initiatives with innovative solutions with the help of technology and helping businesses garner revenue growth while ensuring the end consumers enjoy and reap the benefits of using genuine products everyday everywhere. 

    Get in touch with Arindom Hazarika-