Monday, May 20, 2024
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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)...
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 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...
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...
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...
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...
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...
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...
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...

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