Friday, May 17, 2024
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I am pleased to bring to you our next guest post by Sudarshan Mohta. Sudarshan is a Mumbai based lawyer pursuing media and entertainment laws and is currently working with Shemaroo Entertainment Ltd. He had earlier written a post for us on intermediary liability here. On 16th November, 2018, a permanent injunction restraining...
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,...
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...
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...
Recently, a case came before the Delhi High Court concerning two marks Avatar and Avathar. The latter is a composite mark consisting of the word - AVATHAR in English and Tamil, with the sketch of the face of a lady alongside (see the image below). The issue arose when the...
Introduction A not so old advertisement of Amul found itself in trouble when a frozen dessert manufacturer found the advertisement to be disparaging its product. The advertisement can be viewed here, in the advertisement it is shown that all frozen desserts are manufactured using Vanaspati, which in Indian society is...
(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....
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...
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...
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)....

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