If an artist can show that a political campaign harmed his reputation by using his music, he would likely get injunctive relief – even if he waives moral rights in writing by license.
While Indian trademark law looks at likelihood of confusion from the point of view of a consumer of average intelligence and imperfect recollection, neuroscience strips the consumer down to a quantum computer of average processing power and limited RAM. As this divergence in a court’s perception of the consumer and that of contemporary scientific literature […]
An infringing competitor is a bane. However, in a suit for injunction, an infringing non-competitor could be the greater annoyance. The likelihood of succeeding against such non-competitors has as much to do with the ownership of strong copyright and trademark claims, as it has to do with creative lawyering. If infringed, copyright ownership can even […]
This post examines trends emerging from the Delhi High Courts’ decisions of 2016 on the subject of territorial jurisdictions in trade mark and copyright matters, and analyses what complainants should do to avoid an outright rejection of the suit for a lack of territorial jurisdiction. The surest way to fulfill the Delhi High Court’s territorial […]
This post talks about how courts in India construe action or inaction upon receipt of a cease and desist letter by a potential defendant. Ignoring a Cease & Desist Letter Courts will almost always draw a negative inference in the event a defendant fails to respond to a cease and desist letter. Such a preliminary […]
Despite gradual improvements over the years, the time frame from filing to decision in civil suits in India tends to be very long, only to get further elongated if the other side deploys delaying tactics, and significantly so if a plaintiff does not take appropriate counter-measures. Though recent amendments to procedural law promise to address […]
The law on trade marks requires all trade mark applicants to state whether their applications are based on proposed use or use. If an applicant bases an application on use, the law on trade marks requires the application to state a first use date in dd/mm/yyyy form. However, there is nothing in the law that […]