Startup and Business Law: Practical Legal Guidance for Founders

Ashneer Grover claims notice periods in employment agreements are unenforceable, but is he right? I clarify the legal standing of notice period clauses under the Indian Contract Act and discuss a recent case where an employee was fined ₹5 lakh for not serving their notice period.

The founder of Yoga Bar, a company acquired by ITC for 500 crores, revealed they trademarked the name two years before starting the company. This highlights a crucial first step for any startup: secure your trademark before you invest in branding and marketing to avoid future legal battles.

Choosing a brand name? The more illogical and arbitrary, the better. I explain why coined and inventive words like 'Swiggy' or 'Ola' are easier to register as trademarks and face fewer challenges from competitors, providing stronger legal protection for your brand from day one.

Haldiram's was recently recognized as a 'well-known trademark'. I explain what this legal status means under the Trademarks Act and how it grants a brand protection across all classes of goods and services, preventing anyone from using the same mark in any industry.

You can recognize a Red Bull can even without its logo, thanks to its unique blue and silver color combination. I explain how color combinations and product shapes can be registered as trademarks, offering a powerful way to protect your brand's unique identity from competitors.

When competitors like Magnum bid on GoZero's brand name as a Google keyword, does it count as trademark infringement? I break down the Delhi High Court's ruling in the MakeMyTrip vs. Booking.com case, which clarifies that this practice is not infringement as it doesn't cause consumer confusion.

A beverage company that appeared on Shark Tank was sued by Bisleri for using deceptively similar packaging. I analyze this case of trade dress infringement and emphasize the long-term legal risks of copying established brands, which can lead to product seizures and business closure.

When founders lie about their sales numbers on shows like Shark Tank, it is not just an ethical issue, it is a criminal offense. I explain how faking numbers to induce investment constitutes 'cheating' under Section 318 of the Bharatiya Nyaya Sanhita.

Shark Tank makes fundraising look quick, but in reality, it starts with a crucial document: the Term Sheet. I explain what a term sheet is, the key clauses it contains beyond valuation and equity, and why it is a non-binding but foundational step in any investment deal.