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From the Vakilkaro blog
Practical guides on registration, trademark, tax, NGO and compliance — written and reviewed by our legal team.
The Vakilkaro Brief: Personality Rights & Passing Off: The Yesha Sant Designs Ruling
The Viral Hijack. In the high-velocity world of April 2026 fashion, a "viral moment" is the ultimate currency. When a paparazzi shot of a megastar like Kareena Kapoor Khan wearing a specific designer garment hits social media, the demand skyrockets instantly. But what happens when a competitor uses
The Vakilkaro Brief: The 'Allied and Cognate' Expansion: Devans vs. Cartel Bros
The Update: Devans Modern Breweries, the owner of the legendary Godfather Beer (registered since 1984), moved for an injunction against Cartel Bros (a premium spirits venture backed by actor Sanjay Dutt). Cartel Bros had begun distributing "The Glenwalk Godfather Whisky." While the defendants argued
The Vakilkaro Brief: AI Authorship & the 'Natural Person' Doctrine: The Delhi High Court Mandate
The Human Filter. On April 9, 2026, the Delhi High Court reached a critical junction in the global war over machine creativity. In the matter of Stephen L. Thaler v. Registrar of Copyrights, Justice Tushar Rao Gedela issued a decisive timeline for a question that has lingered in the Indian Copyright
The Vakilkaro Brief: Secondary Liability of AI 'Prompt' Platforms: The 2026 IT Rule Shift
The End of the "Neutral Tool" Defense. For years, AI platforms operated under a comfortable legal shield: "We just provide the prompt box; what the user generates isn't our responsibility." In April 2026, that shield has shattered. Following the February 20, 2026, amendments to the IT (Intermediary
The Vakilkaro Brief: Post-Mortem Personality Rights & 'Digital Resurrection': The Legal Frontier
The Immortal Algorithm. In April 2026, death is no longer the end of a public career. From "Digital Resurrections" of legendary actors in new blockbusters to AI-generated "Virtual Concerts" by late musicians, the technology to recreate human personality is flawless. But as the "Digital Twin" becomes
The Vakilkaro Brief: Termination of License & 'Residual Goodwill': The CMYK Printech Ruling
The Ghost of the License. When a business partnership dissolves, the brand name is often the most contested asset left on the table. In April 2026, the Delhi High Court addressed a critical question for franchisors and brand owners: Does a former licensee have any "residual right" to the reputation
The Vakilkaro Brief: Trade Dress in the Metaverse: Protecting Virtual Storefronts
The Virtual Perimeter. In April 2026, the storefront is no longer bound by brick and mortar—or even gravity. As Indian retail giants and Section 8 social enterprises launch immersive "Meta-Malls," a new legal frontier has opened. If a competitor clones the specific "vibe," layout, and 3D aesthetics
The Vakilkaro Brief: Dynamic+ Injunctions & Zero-Latency Enforcement: The Legal Standard
The Evolution: From Dynamic to Dynamic+ Beyond "Notice and Takedown" to "Automated Purge." An analysis of the April 2026 Enforcement Wave and the technology making zero-latency possible. Zero-Latency for Live Events: For fintechs hosting live webinars or Section 8 MFIs running rural digital drives,
The Vakilkaro Brief: The 'Transformer' Conflict: Copyright in AI Training Datasets
The Hunger of the Transformer. In April 2026, the AI revolution has hit a biological wall: data scarcity. To power the next generation of Transformer models, developers are scraping the digital sum of human knowledge—but the creators are fighting back. The "Transformer Conflict" is no longer a techn
The Vakilkaro Brief: Personality Rights as 'Well-Known' Marks: The Ratan Tata Precedent
The Immortal Brand. In the legal landscape of April 2026, we are witnessing a profound shift in how the law views "Greatness." For decades, personality rights were treated as a branch of the Right to Privacy—a shield against unwanted attention. But on February 7, 2025, and reinforced by citations th
The Vakilkaro Brief: The 'Digital Whack-a-Mole' Limitation: Mahindra & Mahindra v. Diksha Sharma
The Infinite Hydra. In the digital trenches of March 2026, brand protection has become a game of high-speed geometry. You block one fraudulent site, and three more spring up before the court order is even signed. This is the "Digital Whack-a-Mole" crisis. For a global powerhouse like Mahindra and Ma
NCLAT Clarifies Role of NCLT in Handling Deceased Depositor Claims Amid Succession Disputes
Who Gets the Money? Not the Court You Think
SEBI’s New Valuer Regime for Sweat Equity Explained
Sweat Equity Isn’t One Valuation. It’s Two
NCLT Allows Compensation for Wrongful Share Transfer Where Rectification Not Possible
The VakilKaro Brief The Update NCLT Ahmedabad held that where shares are wrongfully transferred but cannot be restored due to dematerialisation and further transfers, the shareholder is entitled to monetary compensation instead of rectification. Tribunal’s Findings on Wrongful Transfer The NCLT made
Can Board Powers Go Beyond Section 179? A Practical Legal Perspective
Section 179 Isn’t the Limit. It’s Just the Rulebook
GSTAT Now Functional: HC Declines Writ, Mandates Appeal with Pre-Deposit
No Shortcut Through Writ- GSTAT Is Now the Route
Managerial Remuneration under Companies Act, 2013: Legal Framework Explained
Paying the Leaders, Protecting the Company
Partition Suit Not Rejectable Under Order VII Rule 11: Calcutta HC Clarifies
No Shortcut to Dismissal- Trial Must Decide the Truth
SEBI Introduces Lock-in Mechanism for Pledged Shares under ICDR Norms
Lock-in Made Smarter, Compliance Made Easier
Tree Plantation by Charitable Trust Exempt from GST: Gujarat AAR Clarifies
Green Work, Zero Tax- AAR Gives Clarity
Penalty for NRC Non-Compliance Upheld Despite Later Correction: Rajasthan HC
Fixing It Later Won’t Save You
Deemed Public Company: The Silent Shift Every Private Company Must Watch
When You’re Still Private But Treated Like Public
The Vakilkaro Brief: Preventing 'Identity Phishing': Trademark Protection for Micro-Lending Apps
The Mirror Trap. Imagine a rural borrower opening an app that looks exactly like yours—the same logo, the same brand colors, even the same "Welcome" message. They enter their Aadhaar details, pay a "processing fee," and the app vanishes. In April 2026, "Identity Phishing" via cloned lending apps has
The Vakilkaro Brief: Intellectual Property in Social Credit: Can You Copyright a Lending Algorithm?
The Math is the Moat. In the hyper-competitive lending landscape of 2026, your most valuable asset isn't your capital—it’s your code. For a Section 8 Microfinance Company or a fintech startup, the proprietary algorithm that calculates "Social Credit" by analyzing digital footprints is the engine of