Friday, March 6, 2026
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THE CADBURY CASE The UK’s Court of Appeal recently rejected the trademark alteration application filed by Cadbury, where it claimed larger protection over the purple hue. The altered specification pleaded for stated -  “ applied to the whole visible surface, or being the predominant colour.” It sought to remove the...
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...
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...
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...
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...
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...
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 “CHUTIYARAM” trademark controversy has recently made headlines and with the Registry playing limbo, let’s take a deep dive into the absolute grounds of refusal as envisaged in the Trade Marks Act. Here’s a quick summary of all that has happened: In March 2025, a trademark application for the word...
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...
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...