About Authors:
1. Ankith Kumar, specialised in IPR, is a practising advocate at Eshwars and Madras High Court
2. Harshita Jain, specialised in IPR and Technology Law, is a practicing corporate lawyer at Consultancy & Advisory firm.
INTRODUCTION
A distinctive mark is a trademark that possesses unique characteristics, enabling it to be easily...
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...
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...
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,...
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...
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)....
(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....
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...
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...
