GUEST POST: SHREESH CHADHA DELHI HIGH COURT PROVIDES CLARITY TO THE “PRIOR USER OF TRADEMARK” DOCTRINE
Akshat Agrawal -0
This post is authored by Shreesh Chadha, Vth Year, Jindal Global Law School
Recently, a single judge bench of the Delhi High Court had the opportunity to consider the defence of ‘prior user’ as mentioned in S. 34 of the Trademarks Act, 1999 (Act). The provision states that a...
GUEST POST: YUKTA CHORDIA: BEYOND LITIGATION: UNLOCKING THE POTENTIAL OF MEDIATION IN IP DISPUTES
Akshat Agrawal -
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: ABHILASHA BHATNAGAR: SYNCHRONIZATION LICENSES: THINGS CONTENT PRODUCERS MUST KNOW
Anushree Rauta -
I am pleased to bring to you our next guest post by Abhilasha Bhatnagar. Abhilasha is an Intellectual Property Rights counsel with over 8 years of exposure across leading law firms, broadcast media, and music record labels. She has extensive experience in advising on music, media, sports and entertainment...
GUEST POST: AASHNA SHETH: FEDERER V NIKE AND THE USE OF NAMES IN SPONSORSHIP AND OTHER AGREEMENTS
Anushree Rauta -
I am pleased to bring to you our next guest post by Aashna Sheth. Aashna Sheth is an LLM graduate in IPR from the University of Pennsylvania Law School. During her time at UPenn she focussed extensively on copyrights, trademarks, entertainment law and trade secrets.
The advent of technology and...
Guest Post-Shankey Agrawal- Implications of GST on Entertainment and Media Industry – Part-II
Anushree Rauta -
I am pleased to bring to you the second part of the guest post by Shankey Agrawal on the implications of GST on the entertainment and media industry. Shankey Agrawal is an advocate with over 9 years of experience in the field of Indirect Tax advisory and Litigation (before...
GUEST POST: ANGAD SINGH MAKKAR-REVIEWING INDIA’S GAMBLING LAWS AS DELHI HIGH COURT DEALS WITH ANTI-GAMBLING PIL
Anushree Rauta -
I am pleased to bring to you our next guest post by Angad Singh Makkar. Angad is currently a final year student at Jindal Global Law School and had earlier written a post for us here and here. In this post Angad analyses the jurisprudence on gambling laws in India in light...
GUEST POST: ANKIT RELAN- MUSIC SUB-PUBLISHING IN INDIA AND HOW LEGAL IS IT, REALLY?
Anushree Rauta -
I am pleased to bring to you our next guest post by Ankit Relan, Partner- Mason & Associates that explains the position of law in India surrounding sub-publishing of music. Ankit is a practicing attorney based out of Delhi and represents some of the biggest names in the film...
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: AYUSHI DUBEY: PEPS INDUSTRIES v. KURLON LIMITED: A TUSSLE BETWEEN PRIOR USE AND REGISTERED TRADEMARK
Angad Makkar -
About the Author: Ayushi Dubey is a fourth year law student in the Institute of Law, Nirma University.
Introduction
Recently, the Delhi High Court (“the Court”) in the case of Peps Industries Pvt. Ltd. v. Kurlon Ltd. discussed in detail the major areas concerning the trademark laws in India. The judgment...
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)...