Skip to main content

Pravin Anand and Achuthan Sreekumar explain how courts have dealt with filmmakers being hauled into courtrooms by rights holders alleging disparagement and tarnishment of their trademarks.

There have been various instances in India where filmmakers have been hauled into court by trademark right holders alleging commercial disparagement, infringement of registered trademarks, dilution and tarnishment of trademark, damage to reputation and tarnishment of brand equity, brand dilution, passing off, and more, thereby seeking injunctive relief and damages.

This article is an attempt to examine the state of case law in India that addresses various aspects of trademark law such as commercial disparagement, infringement, passing off, dilution, tarnishment, and more, and the affirmative defense of ‘freedom of speech and expression’ in the context of films and such other audiovisual works.

This article was published in MIP’s IP Stars Handbook 2014.

To continue reading, please contact us at email@anandandanand.com

Most Recent

News & Insights

VIEW ALL
News & Updates, Thought Leadership
Mar 18, 2026

First published by Lexology. Authors: Safir Anand and Sehr Anand Intellectual property Design protection Which IP rights are applicable to fashion designs?

Snapshot: intellectual property for fashion goods in India
News & Updates
Mar 11, 2026

IP Feast, a unique initiative conceptualised by Safir Anand, Senior Partner, Anand and Anand, has been featured in HELLO! Magazine. The feature highlights

IP Feast Featured in HELLO! Magazine
News & Updates, Thought Leadership
Mar 10, 2026

‘First published on BW Legal World’ By: Safir Anand, Mudit Kaushik and Sehr Anand India has strong design talent, ranging from local craftspeople to

Not Just Made in India – Designed in India The Budget’s Most Strategic Move
News & Updates, Thought Leadership
Mar 10, 2026

‘First published on BW Legal World’ By: Pravin Anand and Dr. Ajai Garg The Summit underscored a broader reality: artificial intelligence is no longer

India AI Impact Summit 2026: Law, Leadership, and India’s AI Moment