GUEST POST: YUKTA CHORDIA: BEYOND LITIGATION: UNLOCKING THE POTENTIAL OF MEDIATION IN IP DISPUTES
Akshat Agrawal -0
INTRODUCTION
I encountered a copyright dispute during my internship at an IP law firm. An author and a movie director, once collaborators and friends, found themselves on opposite sides of a courtroom. Observing their unravelled partnership, I couldn’t shake one thought: What if there was a better way? Mediation could...
Guest Post: Stuti Mehrotra: A Critical Analysis of the Corn Products Judgment: Overreliance on Phonetic Similarity and Monopolization within Trademark Classes
Lokesh Vyas -
1. Introduction
The decision in Corn Products Refining Co. v. Shangrila Food Products Ltd. remains one of the most pivotal judgments in the field of trademark law. In this case, the Court found that the trademark "Gluvita," registered by the defendant, was deceptively similar to "Glucovita" which is a mark...
GUEST POST: “WHO GETS FIRST?”: THE CURIOUS BATTLE OF KENT CABLES AND KENT RO- BY CHHAVI TOKAS AND CHETAN NAGPAL
Anushree Rauta -
Background:
In a landmark judgment titled Kent Cables v. Kent RO, pronounced by Justice Jyoti Singh on May 30, 2023, the Delhi High Court permanently restrained Kent RO from manufacturing and selling fans under the trademark “KENT”. The court analyzed complex legal propositions and, based on prior use and goodwill,...
GUEST POST: DR. G.R. RAGHAVENDER: FUTURE OF INDIAN COPYRIGHT LAW IN THE FACE OF THE EMERGING DISRUPTIVE TECHNOLOGIES
Anushree Rauta -
Today, 21st June is the eleventh anniversary of the Copyright (Amendment) Act 2012 (Act 24 of 2012) coming into force after it was notified in the Gazette by the Central Government on June 21, 2012. It was earlier passed unanimously by the Indian Parliament on May 22, 2012, and...
GUEST POST: SUDARSHAN MJ: LIGHTS, CAMERA, COPYRIGHT: CURTAINS CLOSE ON THE ISSUE OF COPYRIGHT OWNERSHIP IN THE SCREENPLAY OF SATYAJIT RAY’S FILM ‘NAYAK’
Anushree Rauta -
Recently, the Delhi High Court in RDB & Co. HUF vs. Harper Collins, summarily rejected the Plaintiff’s prayer to restrain the Defendant, i.e. Harper Collins, from novelising the screenplay of the popular Bengali film ‘Nayak’, which was written and directed by Satyajit Ray. Placing reliance on Section 13(4) of...
In the recent few months, artificial intelligence products such as Midjourney, Stability AI and ChatGPT have taken the forefront in terms of innovation in technology. These “AI Generative Tools” are designed to respond to text-based inputs and generate images, pictures or information. The tools can generate works that can...
GUEST POST: MRIDULA BHAT: OBSCENE OR THE YOUTH’S DAILY LANGUAGE: WHO GETS TO DECIDE THE “NEW NORMAL”?
Anushree Rauta -
Introduction:
In TVF Media Labs Private Limited & Ors vs the State , the Delhi High Court strongly objected to the ‘obscene’ and ‘profane’ language used in the web series, ‘College Romance’ based on college friendships and relationships. The Court upheld an order of the Additional Chief Metropolitan Magistrate (ACMM)...
GUEST POST: SIDDHANT SANGHAVI: TEXT-TO-IMAGE WORKS: AI, HUMANS AND COPYRIGHT COMPLICATIONS
Lokesh Vyas -
AI-generated artwork has been on the rise for quite some time with varied experiments such as Walter Thompson’s The Next Rembrandt and Obvious’ Edmond De Balamy both of which required a sophisticated software specially designed for this purpose, a varied dataset and a collective of intellectuals all working towards...
Guest Post: Jenil Shah: Importance of Cross Border Public-Private Partnership to tackle Online Piracy
Anushree Rauta -
While the global media and entertainment (M&E) sector has seen recovery as well as significant growth after the pandemic, online piracy has also been growing with estimates that the illegal pirate video services will be a $67 billion industry by 2023. Between January 2022 and August 2022, a significant...
GUEST POST: DECRIMINALISATION OF OFFENCES UNDER THE COPYRIGHT ACT, 1957- NOT A BLOCKBUSTER MOVE- BY MRIDULA DALVI
Anushree Rauta -
In the past two years, the Central Government has slowly but steadily moved towards the decriminalisation of offences based on industry feedback that antiquated laws hamper the ease of doing business in India. There is also a school of thought that decriminalising certain economic offences will reduce the immense...