Tag: passing off

An order passed by the Delhi High Court in Anil Kapoor vs Simply Life and Others CS (COMM) 652/2023 granted interim relief to Mr. Anil Kapoor for protection of his name, likeness, voice, persona, manner of speaking, dialogue delivery, and other attributes of his personality against unauthorized commercial use. ......

As intellectual property disputes grow in number in India, corresponding questions arise regarding the most appropriate adjudicating authority to be approached for redress. Besides regular courts, IP disputes also occasionally make their way into arbitrations. But the circumstances under which IP disputes can be referred to arbitration are not always clear. ......

One of the first questions that comes to the mind of an artist or a creator, as soon as a work is created, is how can the work be protected. Is protection available only if the work is “registered”, or does protection follow automatically from the time of its creation? The issue of whether copyright registration is compulsory or not is a long standing one; and due to various conflicting judgements in India, artists and creators have always been uncertain about this matter. ......

The Covid-19 pandemic has rendered the traditional live sports industry across the globe practically comatose. Sporting leagues and tournaments may be gradually limping back into action, but the crowds remain largely absent, affecting revenues and growth prospects. Meanwhile, another kind of sporting entertainment has crept up on everyone. ......

The battle for the ownership of the trademark “Glow & Handsome” between two fast moving consumer goods (FMCG) giants continues. On 17 August 2020, Hindustan Unilever Limited (HUL) obtained an order from the Bombay High Court to temporarily restrain Emami Ltd. from using the mark “Glow & Handsome”. The Court ordered that at this early prima facie stage, it appears that HUL is ......

Store layouts play an increasingly important role in brand recognition and brand recall. Take a world-renowned brand like Apple, for instance. How does every Apple store that we walk into feel the same all over the world? While there is certainly a tingling excitement that the purchase of shiny new gadgets brings, there is a more subtle factor at play: the store layout. ......

With the increasing globalization of our economy and the adoption of numerous brands and products, the possibility of parties infringing, diluting or passing off valuable brands, increase day by day. ... Indian Trademark Law provides civil, criminal, as well as administrative remedies for taking action against infringement, dilution and/ or passing off of a trademark. This note discusses the types of remedies available, and examines the best approach in different scenarios. ......

The #BlackLivesMatter movement has gained traction around the world and has encouraged many corporate entities, including multinational companies (MNCs), to reassess their businesses and marketing policies for signs of discrimination, following the calls against racial inequality after the death of George Floyd in the United States. ...

An anti-suit injunction has always been a matter of interest when it comes to providing parties provisional relief. Anti-suit injunctions are orders passed by courts to restrain parties from commencing or pursuing proceedings in another jurisdiction or forum....