Author: Dr. Kalyan Kankanala

Dr. Kalyan Kankanala is a practicing intellectual property (IP) attorney and author. He is a senior partner at BananaIP Counsels, a well-known IP firm based in Bangalore, India. His writings cover a range of topics relating to IP law, business, and policy, and he has authored several books and articles in the field. He has been contributing to this blog since 2007. The views expressed here are his own and do not represent those of BananaIP Counsels or its members.

Indian Express vs New Indian Express: Who Owns The Trademark?

In the case of The Indian Express P Ltd vs Express Publications (Madurai) Pvt Ltd, the Bombay High Court considered the terms of a court-recorded settlement to decide if the Defendant’s use of a permitted title in Mumbai breached trademark rights held by the Plaintiff.

UNPLUG YOURSELF Allowed, BOULT Logos Still Blocked

In the case of Exotic Mile vs Imagine Marketing Pvt Ltd, the court considered claims of trademark infringement and passing off in relation to competing marks used for audio devices. It limited interim relief to the scope of the pleadings and clarified the legal position on unpleaded claims.

Shalimar Coconut Oil Bottle Trade Dress Protection and Injunction Confirmed

In the case between Shalimar Chemical Works and Edible Products, the Calcutta High Court considered whether the trade dress of coconut oil bottles—including shape, colour scheme, and packaging—used for products sold under the Shalimar mark was being passed off by a rival trader. The court concluded that the plaintiff’s trade dress had acquired distinctiveness and was entitled to protection under the law of passing off, even if the rival product carried a different brand name.

Old Music, New Platforms, No Rights: 1977 Bhikari Bal Odia Music Agreement Limitations

In a dispute concerning copyright in Odia devotional music, the Calcutta High Court declined interim protection to the petitioner who claimed exclusive rights in the song “Sathi Pauti Bhoga” through agreements with Bhikari Bal and Radhanath Das. The court held that the agreements were of limited duration, royalty obligations were not fulfilled, and allegations of forgery raised serious questions of fact.

Music Copyright Dispute Over Sagara Sangamam, and Shankarabharanam: Infringement Remedy Survives Even if Declaration Is Time-Barred

The Madras High Court looked at a copyright ownership dispute over the music of Salangai Oli, Sagara Sangamam, and Shankarabharanam, where both parties claimed rights through assignments from the original producers. The court held that while the claim for a declaration of ownership was time-barred, the plaintiff could still pursue the case for infringement and ask for a permanent injunction to prevent infringement of asserted rights.

When Authors Sign Away Rights: Producer–Author Copyright Contracts Tested in Bombay High Court

In the case of Rao and Sapru Films Pvt. Ltd. v. Alok Kumar, the Bombay High Court analysed a contractual dispute between a producer and a music director–singer over rights in ten songs. The court held that the producer, who had paid consideration and obtained signed assignments, was the copyright holder, and the author could not assert rights after the fact without setting aside the agreements.

Coconut Oil Bottle Trade Dress Protection and Injunction Confirmed

In the case of Edible Products (India) Limited vs Shalimar Chemical Works Private Limited, the Calcutta High Court considered whether the trade dress of coconut oil bottles—including shape, colour scheme, and packaging—was being passed off by a rival trader. The court concluded that the plaintiff’s trade dress had acquired distinctiveness and was entitled to protection under the law of passing off.

Birkin Bag’s Three-Dimensional Trade Dress Recognised as Well-Known by Delhi High Court

In the case of Hermes International & Anr vs Macky Lifestyle Private Limited & Anr, the Delhi High Court examined whether the shape and configuration of the Birkin bag—registered as a three-dimensional mark—met the requirements for being declared a well-known trademark. The court found that the trade dress had acquired widespread recognition in the luxury fashion market among the relevant public making it well known.

Once the Hearing Is Fixed, the Door Closes on New Evidence in Patent Oppositions

In the case of M/s Hi Tech Chemicals Limited vs Deputy Controller of Patents and Designs & Anr., the Madras High Court examined whether documents labeled as additional evidence could be admitted after the hearing was fixed in a post-grant patent opposition. The Court looked at the patent rules, and held that private documents do not qualify as “publications” under Rule 62(4), and are therefore not admissible after the hearing date was fixed.

Ilaiyaraja Cannot License Naguva Nayana, Delhi HC Says Producer Owns Copyright

In the case of Saregama India Limited vs Black Madras Films & Ors, the Delhi High Court upheld the copyright ownership of the plaintiff over the song Naguva Nayana, rejecting composer Ilaiyaraja’s authority to license it. The Court said the defendants could release their film only after depositing a licence fee, if they continued to use the song.