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...
GUEST POST: SUDARSHAN MOHTA – DELHI HIGH COURT GRANTS A PERMANENT INJUNCTION AND AWARDS INR 1 LAC IN DAMAGES IN FAVOUR OF AAJ TAK
Anushree Rauta -
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...
GUEST POST- ADITI GUPTA AND HARSH KAMDAR- TRADEMARK MAXIMALISM: DOES (MUCH) PROTECTION AFFECTS COMPETITION?
Akshat Agrawal -
About The Authors-
Aditi Gupta and Harsh Kamdar are fifth-year law students at the Institute of Law, Nirma University with keen interest in the field of Intellectual Property Rights and Media & Entertainment Law.
Can “square packaging” of the chocolates provide exclusive rights to its owner? It was answered in affirmative in...
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...
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...
PUNITIVE DAMAGES AWARDED BY THE COURTS IN TRADEMARK INFRINGEMENT CASES AND ON INSTANCES OF COUNTERFEITING:
Akshat Agrawal -
AN ANALYSIS OF THE RECENT CASE OF WHATMAN INTERNATIONAL LTD. v. P. MEHTA
In a very notable development in the trademark regime, a whooping Rs.1.85 crores have been granted as punitive damages to a UK based firm Whatman International Ltd, for infringement of its trademark, its trade dress and get...
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: “WHO GETS FIRST?”: THE CURIOUS BATTLE OF KENT CABLES AND KENT RO- BY CHHAVI TOKAS AND CHETAN NAGPAL
Anushree Rauta -
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,...
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...
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...