202206.02
15

Is license required to play music at Weddings?

Background An interesting case has come up at the Delhi High Court on playing music/sound recording at the ‘marriage ceremonies’ which fall under the fair use exception under the Copyright Act. The case has been brought by Phonographic Performance Limited (PPL) that claims to be a performance rights organization that licenses its members’ sound recording…

202205.16
16

Advertising watchdog steps in to protect the advertising ecosystem in India

In the changing business landscape, many businesses use the digital medium to promote their services, and many new companies have emerged that are digital-only. The last two years of COVID-related disruption has caused many businesses to work on their digital strategy to connect with consumers and grow their market share. The Advertising Standards Council of…

202205.13
11

Social commerce – exploring a changed landscape

Dynamism is a characteristic feature of the Information technology sector that facilitates E-commerce. When consumers and businesses were just getting comfortable with traditional e-commerce, a new business model evolved owing to the demand for sustainability and profitability. This business model, which is a sub-set of E-commerce, is driven by the upsurge in the usage of…

202205.10
11

Delhi High Court vacates injunction for suppressing material facts

This order passed by the Delhi High Court emphasizes the perils of suppressing material facts when seeking an interim injunction. Plaintiff, Kent RO System Ltd, and Ors filed the suit against the Defendants, Gattubhai and Ors, alleging trademark infringement, passing off, etc., and restraining the latter from using the mark ‘KENT’ concerning their business. The…

202205.02
11

Delhi High Court Rules -‘DIL AFZA’ is not same as ‘ROOH AFZA’

Sharbat, a drink made from plant and flower extract with sugar is a popular summer drink in the Indian sub-continent. Buying a bottle of sharbat may involve emotions but those who appreciate this deep emotion would be the first to be able to distinguish between ‘Rooh’ (spirit) and ‘Dil’ (heart), the Delhi High Court said…

202204.26
11

Pepsico takes Red Bull by the horns

This order passed by the Delhi High Court emphasises the complexity of enforcing rights tag lines/slogans used in advertising a brand. Plaintiff, Red Bull AG (Red Bull) filed the suit against Defendant, Pepsico India Holdings Pvt Ltd & Anr (Pepsico), alleging trademark infringement and restraining the latter from using the tagline ‘STIMULATES MIND. ENERGIZES BODY’….

202204.05
10

OM is the religious symbol and cannot be monopolized

This note discusses the perils of suppressing material facts while seeking ex-parte injunction and the ensuing consequences. The Plaintiff, OM Logistics Ltd, (OML) filed suit before the Delhi High Court against the Defendant, Mahendra Pandey (Mahendra) alleging trademark infringement and passing off and to restrain the latter from using the mark/name ‘OM Logistics’ in relation…

202203.31
10

New Patent Suit rules to demystify patent litigation in India

In the last two decades, India has seen a rising number of patent disputes in several technology fields, including pharmaceuticals, electronics, biotechnology, and telecommunications. In the absence of special IP courts, it is challenging for the Judges to adjudicate technical matters that require expertise in the respective domain. While the Judges are experienced in applying the…

202203.28
9

Growing Importance of Trade dress to Brand Owners

In the current times, trade dress (e.g., packaging, colour scheme and overall appearance) along with a product name has a lasting impact on the consumer experience and brand recall. The trade dress of the product is being given special attention by the brand owners to distinguish their products from competitors and build affinity for their…

202203.07
9

AMPM mark falls short of being a well-known mark

The parties in this case AMPM Fashions Pvt. Ltd, the Plaintiff (AMPM ) and Akash Anil Mehta and others, the Defendants  (Akash) are locked in a battle, concerning the use of the trademark ‘AMPM’. The rival trademarks are set out below: AMPM Fashions Pvt Ltd, the Plaintiff (AMPM) filed the action before the Delhi High…