Thursday, May 26, 2022
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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...
This article has been co-authored by me and Shayak Mitra, who is going to be a practising lawyer in Calcutta HC.  Background As most video-game aficionados would know, Sony’s much-awaited next-generation console – the PlayStation 5 (“PS5”) – is set to release in mid-November 2020 in numerous countries. However, India is...
Contextualization Crimes/wrongs are meant to be prevented for the smooth functioning of society. Right? But whether they are crimes per se i.e. wrong in every sense or they are a crime because the law says so and therefore worth stopping is a quintessential question of this debate (Read more here)....
For long there has been an ongoing debate about the selling of fairness creams in the Indian subcontinent. A question often asked by critics of such marketing strategies is whether fair is really lovely. However, earlier this month, a change was seen when Hindustan Unilever Limited renamed its bestselling...
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...
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)...
German automobile manufacturer, Bayerische Motoren Werke AG (BMW or BMW AG) had obtained a favourable order from the Hon’ble Delhi Court against an e-rickshaw manufacturer being Om Balajee Automobile (India) Pvt. Ltd. trading in the name of DMW (Deshwar Motor Works). In July 2016, the Plaintiff had learnt of the...
The unpredictable litigations accompanying a film release makes me wonder if this is secretly a part of the marketing and promotion strategy of the film to be released! In this post we will discuss the judgment passed by the Hon’ble Delhi High Court pertaining to the Sonakshi Sinha starrer ‘Khandani...
AN ANALYSIS OF THE RECENT CASE OF WHATMAN INTERNATIONAL LTD. v. P. MEHTA  In a very notable development in the trademark regime, a whooping Rs.1.85 crores have been granted as punitive damages to a UK based firm Whatman International Ltd, for infringement of its trademark, its trade dress and get...
1.INTRODUCTION The Plaintiff (M/s Allied Blenders and Distillers Pvt. Ltd.) is the proprietor of the trademark “Officer’s Choice”, and is using the same in respect of its alcoholic products. The Defendants are using the mark “Fauji” in respect of their alcoholic products. A not so recent price list of Indian liquor can...

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