The High Court in Mumbai recently handed down an interesting ruling that backfired in the intellectual property world. 🤯
The case concerned TikTok and an application to officially recognise it as a so-called “well-known trademark” in India. While to many this may seem like a formality, the court had a different view. ⚖
TikTok argued that its brand was globally recognisable and that the popularity of the app in India before it was banned was huge. They submitted a range of evidence: download statistics, marketing data, media reports to prove their market power. 📈 However, the application was rejected – and the Supreme Court upheld the decision. 🚫
The reasoning behind the ruling indicated that the TikTok app was officially banned in India due to national security concerns. And while TikTok tried to argue that it was a temporary administrative ban, the court held that it could not simply be ignored. So it’s not enough to be popular – you also have to be “acceptable” in light of the wider legal and political context.
As you can see….even global recognition does not guarantee protection if local law says differently! 🌎➡📍