Beer versus Whiskey- Beer Wins 8PM battle
The Delhi High Court decided there was no trademark infringement or passing off in the 8pm case between Radico Khaitan and Carlsberg. The court found clear differences between…
Passing off
130 articles
Personality Rights in India – Part II
This post examines personality rights in India, particularly the protection of publicity rights and relevant legal provisions. It highlights key judicial decisions and discusses the exceptions for legitimate…
KYUNKI SAAS BHI KABHI BAHU THI Vs. TIDE- Rights in a Cinematographic Work
The Bombay High Court in Star India v Leo Burnett analysed copyright infringement and passing off claims regarding a popular TV serial and a detergent commercial. The Court…
Trademark Violations in Comparative Advertising
This post explores the legal aspects of trademark violations in comparative advertising in India. It discusses statutory boundaries, the importance of honest practices, and the risks of defamation…
Publicity Rights in India (Part I)
This post provides an analytical overview of publicity rights in India, focusing on celebrity protection from unauthorized commercial use. It discusses legal boundaries, enforcement mechanisms, and key judicial…
D.M. Entertainment Pvt. Ltd. v. Baby Gift House and Ors.
The Delhi High Court’s decision in D.M. Entertainment v. Baby Gift House clarified the contours of the right of publicity in India. The case involved unauthorized commercial use…
Doctrine of unclean hands- Now a defense in trademark infringement!
The Bombay High Court has introduced the doctrine of unclean hands as a defense in trademark infringement matters. If the plaintiff’s mark imitates another, relief may be denied.…
History and Evolution of the Trademark System
This article examines the historical roots and gradual evolution of the trademark system, from ancient identification marks to formal legal protection. It outlines the development of trademark law,…
Could Exclusivity be Claimed Over the Word IMPERIAL for Alcohol?
The High Court of Delhi examined whether exclusivity can be claimed over the term IMPERIAL for alcoholic beverages. The judgment clarified that IMPERIAL is a descriptive and laudatory…
Ranbaxy Laboratories Ltd. v. Dua Pharmaceuticals Pvt. Ltd., 1988 Arb. L. R. 315
The Delhi High Court’s ruling in Ranbaxy Laboratories Ltd. v. Dua Pharmaceuticals Pvt. Ltd. addresses key issues of trademark infringement and consumer confusion in pharmaceuticals. The case reinforces…