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
Thought Leadership
Apr 12, 2025

‘First Published by Managing IP‘ By: Achuthan Sreekumar Achuthan Sreekumar of Anand and Anand draws on a recent High Court of Delhi ruling

Life and death matter? The protection of well-known personal names in India
Thought Leadership
Mar 27, 2025

‘First published on Lexology’ By: Safir Anand and Abhishek Paliwal India, one of the world’s fastest-growing economies, is on track to become a

Company Name vs. Trademark: Essential Insights for Establishing Your Business Brand in India
Thought Leadership
Mar 19, 2025

‘First published on Chambers and Partners’ By: Safir Anand and Twinky Rampal Law and Practice  1. Trade Mark and Copyright Law  1.1 Governing

Chambers Trademarks & Copyright 2025 | Law & Practice
Thought Leadership
Mar 19, 2025

‘First published on Chambers and Partners’ By: Safir Anand Introduction The landscape of intellectual property in India is undergoing a significant

Chambers Trademarks & Copyright 2025 | Trends and Developments