Friday, April 19, 2024
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INTRODUCTION Film titles are creatively conceived and involve a certain level of intellectual stimulation. Accordingly, these titles are registered with the societies or associations such as the Indian Motion Pictures Producers Association (IMPPA), the Film and Television Producers’ Guild of India, etc. to ensure that they are not infringed upon...
PROTECTION OF FILM TITLES AND SONG TITLES UNDER THE INTELLECTUAL PROPERTY LAW IN INDIA In India, the Media and Entertainment Industry (M&E) has been growing rapidly due to the rise in digitization, widespread access to the internet, content creation and audience demand. The increase in its growth rate has led...
Background The US’ premier football (or soccer, in truly American fashion) league – Major League Soccer (“MLS”) – has slowly but steadily built its name as a respectable league capable of producing promising, young talent and persuading big football stars to come ply their trade in North America. Players...
About The Authors- Aditi Gupta and Harsh Kamdar are  fifth-year law students at the Institute of Law, Nirma University with keen interest in the field of Intellectual Property Rights and Media & Entertainment Law. Can “square packaging” of the chocolates provide exclusive rights to its owner? It was answered in affirmative in...
Dr. Reddy’s Laboratories Ltd. (“Plaintiff”) filed before the Hon’ble Delhi High Court a case for infringement of its registered trademark in a Hindi feature film titled ‘Haathi Mere Saathi’. The matter was heard by The Hon’ble Justice Sanjeev Narula, and order was pronounced on 23rd March, 2021, in favour of...
(Zidd (Urdu/Hindi word) = insistence, persistence or doggedness.) Judgments, especially of higher courts, are juggernauts capable of jamming future judgments of the lower courts (and sometimes even the similar stature courts). Aren’t they? After all, this is how Stare Decisis works in common law countries - precedents possess legal piety....
In a suit filed by J. Manimaran (proprietor of M/s. J.S. Screens), the Madras High Court vide its order dated February 19, 2018 restrained M/s. Lyca Productions from using the title ‘Karu’ with any other suffix or prefix or other word in connection to this title, pending disposal of...
I. INTRODUCTION HT Media Ltd. had filed a suit against Brainlink International, Inc. before the Hon’ble Delhi High Court for restraining the plaintiff from (i) infringing the intellectual property rights of the plaintiff (i.e. using the impugned domain name www.hindustan.com or any other mark identical/deceptively similar to the Plaintiff’s trademarks)...
THE CADBURY CASE The UK’s Court of Appeal recently rejected the trademark alteration application filed by Cadbury, where it claimed larger protection over the purple hue. The altered specification pleaded for stated -  “ applied to the whole visible surface, or being the predominant colour.” It sought to remove the...
The Bombay High Court, vide Order dated 20th October 2021 in Endemol Shine Nederland Producties B.V. & Ors. v. Angel Singh aka Lucky Trading as 999 Productions & Ors. (COMIP(L)/28812/2021) (hereinafter, the “Order”) granted an ex parte ad interim injunction against the Defendants, who were shown to be organising...

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