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News & Analysis

Judicial trend of copyright Protection for Character Merchandising in India

12 April 2023 by Rahul Chaudhry & Partners - Pallavi Dora

Character Merchandising is a new age business phenomenon to commercially exploit the famous comic characters in garb of generating revenue and fetch profit by using the pictures, voice dialogues of famous characters / personalities of which the general public are emotionally connected. The evolution of the character merchandising was by the famous company – Walt Disney Studios in 1930’s when they licensed the famous character like Mickey Minnie and Donald duck. Technological advancement and channels devoted to children entertainment has created a demand in the market and influenced the said segment to buy the product as the general public get attached to the character.

News & Analysis

Judicial trend of copyright Protection for Character Merchandising in India

12 April 2023 by Rahul Chaudhry & Partners - Pallavi Dora

Character Merchandising is a new age business phenomenon to commercially exploit the famous comic characters in garb of generating revenue and fetch profit by using the pictures, voice dialogues of famous characters / personalities of which the general public are emotionally connected. The evolution of the character merchandising was by the famous company – Walt Disney Studios in 1930’s when they licensed the famous character like Mickey Minnie and Donald duck. Technological advancement and channels devoted to children entertainment has created a demand in the market and influenced the said segment to buy the product as the general public get attached to the character.

News & Analysis

Enforcement of Store Layout Trademarks in India – An uphill battle for brand owners

28 March 2023 by Rahul Chaudhry & Partners - Farhaan Rizvi

A visually appealing store is a crucial asset for any business aiming to provide a consistent quality of goods and services across its stores . These stores featuring a distinct theme design commonly seen on their signage, wall arts, overall décor etc. not only reflects a cohesive brand imagery of the business but also create a lasting impression on the customers, strengthening their brand recall value.

News & Analysis

Enforcement of Store Layout Trademarks in India – An uphill battle for brand owners

28 March 2023 by Rahul Chaudhry & Partners - Farhaan Rizvi

A visually appealing store is a crucial asset for any business aiming to provide a consistent quality of goods and services across its stores . These stores featuring a distinct theme design commonly seen on their signage, wall arts, overall décor etc. not only reflects a cohesive brand imagery of the business but also create a lasting impression on the customers, strengthening their brand recall value.

News & Analysis

Trademark trolling and its Perils - a note of caution

02 November 2022 by Rahul Chaudhry & Partners - Shireen Sidhu

In today’s interconnected global economy, securing protection over Intellectual Property assets has become an indispensable requirement for businesses at various levels. Trademarks being one of the most important instrument of IP and valuable intangible asset to business in today’s era, functions as a source identifier for distinguishing the goods and services of one entity from those of others.

News & Analysis

Trademark trolling and its Perils - a note of caution

02 November 2022 by Rahul Chaudhry & Partners - Shireen Sidhu

In today’s interconnected global economy, securing protection over Intellectual Property assets has become an indispensable requirement for businesses at various levels. Trademarks being one of the most important instrument of IP and valuable intangible asset to business in today’s era, functions as a source identifier for distinguishing the goods and services of one entity from those of others.

News & Analysis

Law and punitive damages in IP suits in India

20 September 2022 by Rahul Chaudhry & Partners - Vanshika Arora

In India, for intellectual property (IP) disputes, the statutes and courts have always been more focused on compensatory damages, i.e., compensating the aggrieved party to help them restore their position. This approach has led to a lack in the IP regime as it did not effectively achieve the twin objective of compensation and deterrence.

News & Analysis

Law and punitive damages in IP suits in India

20 September 2022 by Rahul Chaudhry & Partners - Vanshika Arora

In India, for intellectual property (IP) disputes, the statutes and courts have always been more focused on compensatory damages, i.e., compensating the aggrieved party to help them restore their position. This approach has led to a lack in the IP regime as it did not effectively achieve the twin objective of compensation and deterrence.

News & Analysis

Copyright Infringement in Cinematographic film

04 September 2019 by Asia law

In the matter of copyright infringement for a film, there has been a mix of decisions by the Indian courts, each presenting a divergent opinion on the point - whether the infringing copy in case of cinematographic film has to be an exact copy made by the process of duplication or whether it refers to another work which substantially, fundamentally, essentially and materially resembles the original film.