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...
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...
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. 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)...
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...
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...
Madras High Court restrains Lyca Productions from using the title ‘Karu’ for its film [READ ORDER]
Anushree Rauta -
In a suit filed by J. Manimaran (proprietor of M/s. J.S. Screens), the Madras High Court vide its order dated February 19, 2018 restrained M/s. Lyca Productions from using the title ‘Karu’ with any other suffix or prefix or other word in connection to this title, pending disposal of...
THE MYTH OF THE “COMPARISON IN WHOLE” IN TRADEMARK LAW: SOME THOUGHTS ON DELHI HIGH COURT’S “AVATAR VS AVATHAR” ADJUDICATION
Lokesh Vyas -
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...
Guest Post: Siddhant Sanghavi: To Register or Not to Register? The “CHUTIYARAM” Trademark Saga
Anushree Rauta -
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...
THE BITTER SWEET AMUL VS HUL TUSSLE COMES TO AN END AS AMUL GETS PARTIAL RELIEF BY THE BOMBAY HIGH COURT
Sudarshan Mohta -
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...