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Author: LexOrbis

Guardians of Design: The Battle Over Motorcycle Protectors

February 20, 2025May 22, 2025 LexOrbis Articles, Others
Guardians of Design: The Battle Over Motorcycle Protectors

The case of Vibhas Bhutani vs Saurabh Katar revolves around a dispute concerning the alleged infringement of registered designs and copyright related to […]

Striking hard against counterfeiters: Delhi court leverages Order VIII Rule 10 CPC for trademark and copyright protection

February 20, 2025 LexOrbis Articles, Copyright, Trademark
Striking hard against counterfeiters: Delhi court leverages Order VIII Rule 10 CPC for trademark and copyright protection

The Commercial District Court, Delhi, delivered a significant judgment in M/s Hindustan Unilever Limited vs Pramod Gupta & ors in CS (Comm.) No. […]

The Cough Syrup Clone War: KUKA’s Global Battle for Brand Identity

February 20, 2025May 22, 2025 LexOrbis Articles, Trademark
The Cough Syrup Clone War: KUKA’s Global Battle for Brand Identity

The plaintiff, known for its manufacturing and distribution of Ayurvedic, Unani, and herbal medicines, has operated under the brand “MULTANI” for decades. Among […]

Protecting a Legacy: Khadi and Village Industries Commission’s Trademark Battle

February 20, 2025May 13, 2025 LexOrbis Articles, Trademark
Protecting a Legacy: Khadi and Village Industries Commission’s Trademark Battle

The present case concerns the dispute between Khadi and Village Industries Commission (KVIC) and the Registrar of Trade Marks over the rejection of […]

Last-Minute Legal Action: Copyright Infringement Claim in ‘Sky Force’ Film

February 19, 2025May 14, 2025 LexOrbis Articles, Copyright
The present case revolves around a copyright infringement claim concerning the upcoming release of the film "Sky Force." The plaintiff, Sandeep Gangatkar, filed an urgent ad-interim application seeking to restrain the defendants from releasing the film, arguing that it infringed upon his original script titled "Fire Bird." The plaintiff claimed that his script was based on historical events from the 1965 Indo-Pak war and that he had shared this script with Defendant No. 1, Sandeep Kewlani, in 2014. Upon seeing the trailer for "Sky Force" on January 8, 2025, the plaintiff realised that the film’s storyline closely resembled his script. After initial discussions with the defendants, which ultimately failed, the plaintiff moved the court on January 21, 2025, just days before the scheduled release on January 24, 2025. The defendants, including major production houses, objected to the plaintiff's late approach and argued that details about the film had been in the public domain since October 2023. They cited previous cases, such as Sushila Sharma v. Madhur Bhandarkar and Dashrath B. Rathod v. Fox Star Studios India Pvt. Ltd., where courts had refused to grant injunctions for copyright claims filed at the eleventh hour. They also provided affidavits and documents to demonstrate that promotional materials and media reports had long publicised the film’s storyline. The Bombay High Court focused on two primary issues - whether the plaintiff had delayed unduly in filing the suit, and whether a prima facie case of copyright infringement was made out. The court noted that the plaintiff, being an industry professional, could not claim ignorance of publicly available material about the film. The court found that the plaintiff had known about the teaser released in October 2023 but had only acted after the full trailer was released in January 2025, which suggested a lack of urgency on his part. The court emphasised that such last-minute claims, especially in the film industry, placed undue pressure on courts and disrupted significant financial investments. Regarding the copyright claim, the court noted that historical events, including the Indo-Pak war and the Sargodha air raid, were in the public domain and could not be exclusively claimed by the plaintiff. It also observed that while the plaintiff asserted creative elements in his script, he had not demonstrated substantial similarity beyond general historical references. Given the lack of clear evidence of copying and the delay in approaching the court, the balance of convenience favoured the defendants, who had invested over INR 250 crores in the film’s production and distribution. The court denied the ad-interim relief sought by the plaintiff, allowing the film’s release as scheduled. However, it permitted the plaintiff to continue with the main suit for damages and copyright infringement.

The present case revolves around a copyright infringement claim concerning the upcoming release of the film “Sky Force.” The plaintiff, Sandeep Gangatkar, filed […]

Trials not applications are where facts decided

February 19, 2025 LexOrbis Articles, Others
Trials not applications are where facts decided

Delhi High Court’s appellate judgment in Navigators Logistics Limited v Kashif Qureshi and Ors addressed copyright infringement, trade secrets and the enforceability of non-compete clauses […]

Clash of the Claws: Monster Energy’s Triumph Over Trademark Pirates

February 18, 2025May 22, 2025 LexOrbis Articles, Trademark
Clash of the Claws: Monster Energy’s Triumph Over Trademark Pirates

The case of Monster Energy Company vs Krishna Trading Co. & Ors. revolves around the infringement of Monster Energy’s registered trademarks and copyrights […]

Trademark Squatting in the Beauty Industry: A Case of Bad Faith Registration

February 18, 2025May 13, 2025 LexOrbis Articles, Trademark
Trademark Squatting in the Beauty Industry: A Case of Bad Faith Registration

The present case revolves around a dispute concerning trademark registration in the beauty and personal care industry. The petitioner, Goodai Global Inc., a […]

Louis Vuitton’s Triumph Over Counterfeit Commerce

February 17, 2025May 21, 2025 LexOrbis Articles, Trademark
Louis Vuitton’s Triumph Over Counterfeit Commerce

The case of Louis Vuitton Malletier vs Rahul Bose revolves around the plaintiff, Louis Vuitton Malletier, a globally renowned luxury fashion house, seeking […]

The Battle of Respect: SVAMAAN vs. SAMMAAN in Trademark Infringement

February 15, 2025May 21, 2025 LexOrbis Articles, Trademark
The Battle of Respect: SVAMAAN vs. SAMMAAN in Trademark Infringement

The case of Svamaan Financial Services Private Limited vs Sammaan Capital Limited & Ors. revolves around a dispute concerning trademark infringement and passing […]

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