LJM | 2025 | Volume 1 | Issue 1 (November)

Contents

01 Trademark infringement in India: Legal framework, judicial trends, and industry insights

Priya, Student of Army Institute of Law, Mohali, India

Abstract

This study examines the statutory and judicial framework governing trademark (hereinafter TM) infringement under the Trade Marks Act 1999 (hereinafter TM Act 1999), assessing the adequacy of existing mechanisms to address contemporary commercial phenomena. Whilst the TM Act 1999 establishes a sophisticated registration-based regime aligned with international standards, significant inconsistencies persist in the High Court application of the confusion standard, the underdeveloped dilution doctrine, and statutory silence on e-commerce platform liability. Through doctrinal analysis of Supreme Court precedents and High Court jurisprudence spanning two decades, this study identifies critical gaps: divergent confusion thresholds creating forum-shopping incentives, inadequate treatment of transborder reputation, and unresolved frameworks governing keyword advertising, influencer marketing, artificial intelligence-generated marks, and metaverse commerce. Comparative analysis of the European Union and United States frameworks reveals alternative approaches warranting selective adoption. This study concludes that targeted legislative amendments establishing explicit platform liability standards, procedural reforms accelerating interim relief determination, and doctrinal clarification of confusion application in digital commerce are essential to align Indian TM enforcement with international best practices and contemporary market realities.

Keywords: Trademark infringement, confusion standard, dilution doctrine, transborder reputation, platform liability

02 When machines diagnose: The new liability puzzle in AI-driven healthcare

Lemuela Mary J, Student of Saveetha University, Chennai, India

Abstract

Artificial intelligence (AI) is revolutionising medical diagnostics through enhanced accuracy and efficiency in disease detection. However, its integration into clinical practice raises complex legal, ethical, and regulatory challenges that require urgent attention. This article critically examines the multifaceted implications of AI in medical diagnosis, analysing liability frameworks, ethical principles, algorithmic bias, data privacy concerns, and regulatory responses across jurisdictions. Through comprehensive evaluation of the European Union Artificial Intelligence Act 2024 (EU AI Act 2024), World Health Organisation (WHO) guidelines, and India's National Digital Health Blueprint (NDHB), this study identifies critical gaps in existing regulatory frameworks and proposes recommendations for responsible AI deployment. The findings reveal that current liability doctrines inadequately address autonomous AI decision-making, whilst algorithmic bias and data privacy concerns necessitate strengthened oversight mechanisms. This analysis contributes to the evolving discourse on balancing technological innovation with patient safety, autonomy, and equitable healthcare access.

Keywords: Artificial intelligence, medical diagnosis, algorithmic bias, data privacy, digital health governance

03 Labour reform in India: Evaluating the impact of the four new labour Codes on workers’ rights

Adarsh Kumar Pal, Student of Gujarat National Law University, Gandhinagar, India

Abstract

This article provides an analysis of the merging of 29 Central labour laws into four labour Codes in India. The Code on Wages 2019 (Wage Code 2019), the Code on Social Security 2020 (SS Code 2020), the Occupational Safety, Health and Working Conditions Code 2020 (OSH Code 2020), and the Industrial Relations Code 2020 (IR Code 2020). It assesses their prospective and actual effects on the rights of workers. Relying chiefly on a practitioner-focused manual and the Government of India’s rollout statement the paper describes the modifications brought by the Codes (broadened coverage, consistent definitions of ‘wages’ social security provisions for gig and platform workers, formalization via appointment letters entitlements for fixed-term staff and occupational safety standards) and examines the probable impacts, on various worker categories: formal employees, fixed-term and contract workers, gig/platform workers, women, migrant laborers and MSME personnel. The article balances the reforms’ worker-centric promises (universal minimum wages, social security portability, expanded OSH duties) against governance and design concerns (rule-making gaps, implementation heterogeneity across states, inspection capacity, fiscal and compliance burdens, and ambiguity in key definitions). It concludes with pragmatic policy recommendations to strengthen enforcement, close rule-making gaps, and ensure that statutory gains translate into lived improvements for workers.

Keywords: Labour Codes, wages, occupational safety, gig workers, fixed-term employment, social security

04 Surendra Koli v. State of Uttar Pradesh: Curative justice and the imperative of evidentiary consistency

Karman Noor, Student of Army Institute of Law, Mohali, India

Abstract

The Indian Supreme Court's November 2025 judgment in Surendra Koli v State of Uttar Pradesh represents a watershed moment in Indian criminal jurisprudence. After nearly twenty years on death row, Surendra Koli was acquitted through a curative petition when the Court faced a constitutional dilemma: identical evidence had produced twelve acquittals in companion cases but had still upheld one conviction. This commentary examines how the Court exercised its rare curative jurisdiction to address this incongruity, holding that where confessional and recovery evidence are consecutively found to be unreliable in a succession of prosecutions, maintaining a conviction based on identical material infringes Articles 14 and 21 of the Constitution of India, 1950. By this judgment, the contours of curative powers have been expanded, evidentiary standards in capital trials have been enhanced, and serious investigating flaws have been highlighted in one of India's most prominent criminal cases.

Keywords: Curative petition, evidentiary consistency, death penalty, Section 164 CrPC, judicial innovation

05 The struggle between trademark and transparency on e-commerce platforms: Examining consumer protection in India

Stuthi Sebastian, Student of Gujarat National Law University, Silvassa, India

Abstract

A Trademark acts as a symbol of reputation, identity and quality of a brand’s products and services. This paper is a doctrinal examination of the tension between trade mark protection and consumer transparency on e-commerce platforms. It is observed since the cases of sale of counterfeit products are on the rise along with the blatant disregard to transparency when it comes to online listings, traditional laws of trade mark and consumer protection which were originally enacted for physical markets are insufficient in the digital realm. Certain sets of legislations and case laws of India and abroad have been analysed to highlight the matter of concern. Various challenges like intermediary liability and lack of verification are evaluated to show consumer vulnerability along with suggestions to address the said challenges.

Keywords: Trademark, e-commerce, transparency, consumer protection, infringement