Trap Purchases and Manufactured Jurisdiction in Indian IP Litigation A study of SML Ltd. v. M/s Happy Agro Chemicals and the doctrine of trap transactions Introduction In intellectual property disputes, few procedural issues matter as much as deciding where a case can be filed. The choice of court often shapes the entire journey of the case — from how quickly interim orders are granted, to the attitude of the local lawyers, to the practical burden placed on a defendant who must fight far from home. Because the forum is so important, plaintiffs sometimes try to influence it. The most common method is the trap purchase : a test buy arranged by the plaintiff, where an investigator pretends to be a regular customer, purchases the allegedly infringing product, and keeps the invoice and packaging. Later, this evidence is used not only to show infringement but — more controversially — to argue that the cause of action arose within the territory of the chosen court. Tra...
India Registers Its First Olfactory (Smell) Trademark: A Historic Milestone in Non-Conventional Trademark Protection
Summary The Indian Trade Marks Registry made history by accepting the country's first olfactory (smell) trademark - a rose-like floral fragrance infused into tyres by Sumitomo Rubber Industries - marking a paradigm shift in Indian trademark law by recognizing non-conventional intangible marks beyond traditional words, logos, shapes, colours, and sounds. A Historic First for Indian Trademark Law On November 21, 2025, the Indian Trade Marks Registry achieved a historic milestone by accepting India's first olfactory (smell) trademark: "a rose-like floral fragrance infused into tyres" filed by Sumitomo Rubber Industries. This landmark decision opens an entirely new dimension in Indian intellectual property law, recognizing that trademark protection extends beyond conventional sensory marks such as words, logos, shapes, colours, and even sounds, to encompass intangible non-conventional marks like scent. The acceptance of this olfactory mark represents a significant e...