New Trends in IP Enforcement: How Indian Courts Are Backing Brands
- Ineurous IP
- Jul 14
- 5 min read
In recent years, India has witnessed a seismic shift in how intellectual property (IP) is protected and enforced. Long criticized for slow litigation and lax enforcement, Indian IP courts are now showing a bold and proactive stance in protecting brands, creators, innovators, and businesses. In 2025, this momentum has continued to build, with several landmark cases showcasing how the Indian judiciary is taking a firm stand on counterfeit goods, trade dress infringement, digital content violations, and more.
The message is clear: Indian courts are backing brands like never before.
This article explores the emerging trends in IP enforcement across India, backed by recent court actions, and offers practical guidance for businesses, startups, and creators to stay ahead in this evolving legal landscape.
Why Enforcement Matters More Than Ever
Strong enforcement is critical for any IP regime to be effective. Without it, even the most carefully filed trademarks, designs, or patents are just pieces of paper. What sets apart robust IP ecosystems like those in the US or EU is their ability to act quickly and decisively against infringement.
India is catching up fast. With dedicated IP benches in several High Courts and a growing recognition of IP as a business asset, the Indian legal system is increasingly providing timely remedies to rights holders.
1. Judicial Willingness to Grant Injunctions and Raids
The most visible trend in 2025 is the readiness of Indian courts to issue interim injunctions and even authorize raids against infringers. This has allowed brands to act swiftly and decisively to stop counterfeit goods or IP violations.
Case Example: Birkenstock vs. Counterfeiters (July 2025)In one of the most notable actions this year, the Delhi High Court allowed Birkenstock, the global footwear brand, to carry out raids on counterfeit sandal manufacturers in Agra and Delhi. Court commissioners were appointed to enter suspected premises, seize infringing stock, seal them, and report back.
This action is significant because it demonstrates:
Judicial support for cross-border brands operating in India
Faith in local enforcement mechanisms
Speedy execution of protection measures when evidence is strong
Such court-sanctioned raids were once rare in civil IP cases. Now, they're becoming a vital enforcement tool.
2. Recognition of Trade Dress as Enforceable IP
Another key development is the rising recognition of trade dress — the visual appearance of a product or its packaging — as a protectable and enforceable form of IP.
Case Example: Huda Beauty vs. Counterfeit Cosmetics (May 2025)The Delhi High Court awarded Huda Beauty a permanent injunction against counterfeiters who used deceptively similar packaging. The court also directed customs authorities to destroy the seized goods and awarded damages to the brand.
Why this matters:
The court acknowledged that packaging, color combinations, and design layouts — even without a registered trademark — can serve as identifiers.
The ruling empowered D2C, cosmetics, and FMCG brands to pursue protection over their product aesthetics.
The takeaway for Indian businesses: Your packaging is part of your brand. Treat it like IP and protect it accordingly.
3. Stronger Protection for Digital IP and Streaming Content
With the explosion of content platforms and streaming apps in India, courts are now expanding IP enforcement to the digital realm.
Case Example: Pocket FM vs. Kuku FM (July 2025)Pocket FM alleged that Kuku FM was streaming five shows that infringed on its original content. The Delhi High Court intervened promptly, barring further streaming of the shows and ordering Kuku FM to submit detailed records of episode views and revenues.
The key insights here:
Content format, narrative structure, and delivery can be copyrighted.
Digital platforms can be held accountable for failing to perform IP due diligence.
Copyright is not just about music or books — it's central to modern content businesses.
For digital entrepreneurs and creators, this case underscores the need to establish clear ownership rights and usage terms for any published material.
4. Willingness to Award Damages and Destroy Infringing Goods
Another notable shift is courts not only stopping infringers — but also penalizing them.
Customs authorities, empowered by court orders, are increasingly being instructed to seize and destroy infringing goods, sending a strong deterrent message to repeat offenders.
In addition, courts are:
Awarding compensatory damages for brand dilution and loss of goodwill
Holding defendants accountable for legal costs
Ensuring that injunctions are not just symbolic, but enforceable on-ground
This evolution brings Indian enforcement standards closer to global norms, where deterrence plays a vital role in preventing IP violations.
5. Speed and Sensitivity in Interim Relief
IP cases are often urgent in nature. If an infringing product continues to stay on shelves, the damage multiplies. Recognizing this, courts are increasingly willing to:
Grant ex-parte injunctions (without the infringer present)
Issue short-notice hearings to consider urgent pleas
Give temporary orders that stop further harm pending full trial
This is especially helpful for small businesses and startups, who often lack the resources to fight long battles. When paired with good legal preparation and clear documentation, even a young brand can gain powerful protection.
6. Rise of Enforcement by Small and Mid-Size Businesses
Gone are the days when only large MNCs enforced IP. Today, even small startups, regional brands, and niche creators are approaching courts to defend their IP rights.
This is happening because:
IP is now recognized as a business asset with real value
Brand identity is key to customer trust and retention
Counterfeits and plagiarism can erode new businesses quickly
With more affordable legal options and increasing awareness, even newer market entrants are taking action — and the courts are listening.
7. The Role of Design Registrations in Enforcement
India's Designs Act, 2000 offers protection for the visual shape, configuration, and appearance of products. Many startups and D2C brands are now filing design patents (design registrations) to protect their product forms, packaging, and UI layouts.
Once registered, these designs can be enforced against copycats — especially those that try to imitate look and feel without violating functional patents.
Enforcement becomes easier when:
The design is clearly novel and distinct
You have time-stamped filing documents
You include “Design Registered” or “Regd. No.” on packaging
How Brands Should Respond to These Trends
These positive legal trends only benefit businesses who are prepared. Without proper registration, documentation, or strategy, even the most innovative brand may struggle to stop infringement.
Here’s what you should do:
1. Proactively File for IP Protection Register your:
Trademarks (brand names, logos, taglines)
Designs (packaging, product form, label style)
Copyrights (content, illustrations, training materials)
Patents (if applicable for processes and tech)
2. Monitor Your IP Regularly check:
Online marketplaces
Social media ads
Competitor products
There are tools and services that help with automated IP watch and alerts.
3. Document EverythingKeep records of:
Launch timelines
Packaging iterations
Invoices and vendor details
Design drafts and product sketches
This can strengthen your case if litigation is required.
4. Act Early and Strategically Don’t delay action.
The sooner you notify an infringer (via a cease & desist letter), the stronger your legal ground for damages or injunctions.
5. Work with IP ExpertsAn experienced IP advisor can:
Help you register the right assets
Build a layered protection strategy
Represent you in enforcement actions
Whether you’re just starting out or scaling across markets, our IP team ensures that your brand, product, and innovation stay protected.
FINAL THOUGHTS : 2025 Is the Year for IP Action
The Indian IP ecosystem is changing — and fast. Courts are not only recognizing intellectual property rights but are also actively enforcing them with speed, strength, and sensitivity.
If you’re a founder, marketer, product developer, or content creator, this is the time to take your IP seriously. Protect it, monitor it, and act when needed. The law is increasingly on your side.
Your brand isn’t just how it looks — it’s how you secure its future.
Need help enforcing your IP? Book a free consultation with Ineurous IP today.
📩 Book a consultation with our experts at Ineurous IP
📞 +91-7065569010
Your brand isn’t just how it looks — it’s how you secure its future.
