Nishad Nadkarni is a partner with the Intellectual Property Team of Khaitan & Co with over 25 years of experience. Nishad has diverse experience on advising key clients across the lifecycle of IP and has expertise in contentious as well as non-contentious intellectual property matters across industries. He has been an active litigator and has advised and appeared in litigations across the country for trademark infringements and passing off; copyright disputes relating to films, music and events; advise and litigation relating to influencers, advertising and endorsement; domain name disputes (UDRP as well as INDRP); patent infringement; disputes relating to confidential information and trade secrets. He is adept in handling global trademark and design portfolios for several key clients. He also regularly advises on IP elements of commercial transactions including brand acquisitions, technology transfers etc. He also advises on issues and compliance issues relating to Bio-Diversity. He has a particular interest in advertising and has led several litigations pertaining to comparative advertising and advises regularly on advertising claims.
Nishad takes up speaking and training assignments and has also contributed articles to various publications such as the WTR, Mondaq etc. Nishad is also a member of INTA, AIPPI, Marques and regularly participates in their initiatives though committees.
Intellectual Property
Advised on trademark infringement and passing off of business litigation involving issues pertaining to protection of descriptive marks which acquire distinctiveness
Advised in relation to a well-known suit for copyright infringement of musical works pertaining to remixes.
Advised on business transfer to Bangalore based Strides Acrolab (through its unit Agila Specialities) for approximately Rs 12.5 crores
Advised on preparation of agreement on various aspects during the launch of the small car Nano including arrangements with finance companies and distributors
Advised on corporate due diligence of an internal restructuring exercise.
Advised the real estate and mall management arm of the Future Group of Companies, on a regular basis including drafting leave and license agreements, commercial contracts, contractual disputes and legal proceedings arising therefrom.
Represented a litigation (including an anti-suit injunction proceeding and applications for stay of arbitration proceedings and for interim reliefs therein) in relation to the Indian Premiere League broadcasting rights on behalf of the World Sport Group which involved allegations of fraud pertaining to a facilitation fee of about Rs 425 crores.
Advised and represented in relation to well-known suits against disparagement.
Handling, managing and maintaining the IP portfolios for corporate clients including the registration process and brand audits.
Featured in IP rankings such as Legal 500 Firm Rankings
Recognised for ‘Enforcement and Litigation’ by World Trademark Review 1000, 2020 Ranking