A dispute arose between the Shorts International Limited (“SIL”) and Google for the use of the term "Shorts" (as used in YouTube Shorts). During the course of the hearing in Shorts International Limited v. Google LLC, Google defended successfully its use of the term "Shorts" on its YouTube platform,...
In Vishesh Films Private Limited v. Super Cassettes Industries Limited, the Delhi High Court has restrained film production company T-Series from using titles “Tu Hi Aashiqui”, “Tu Hi Aashiqui Hai” and “Aashiqui” in respect of an upcoming film.
The court said that Vishesh Films' mark “Aashiqui” is registered under the...
The story begins in 2015 when one Mr. Gaurav Bakshi googled ‘Agarwal Packers and Movers’ to employ the renowned company to assist him with his relocation. Much to his dismay, his belongings were delivered in a deplorable condition and he realised that he had employed another Agarwal Packers and...
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,...
(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....
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...
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...
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...
