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
Sep 05, 2026

Written by: Dr. Ajai Garg and Siddhant Chamola As Artificial Intelligence has now emerged as a disruptive ecosystem reshaping Global economy,  India’s

India’s Pursuit for Global South AI Leadership through Agentic AI Systems: Navigating Intellectual Property Challenges
News & Updates, Thought Leadership
Sep 02, 2026

Author: Lakshmidevi Somanath The law currently provides creators exclusive rights over their creation for a limited time, which gives a human inventor

From Innovation Incentives to Technology Diffusion – Protection of Intellectual Property Created by Agentic Artificial Intelligence
News & Updates, Thought Leadership
Aug 30, 2026

I. The Infringer’s Privacy Paradox The Digital Personal Data Protection Act, 2023 (“DPDP Act”) is built around a clear rule. Personal data

The DPDP Act’s Unanswered Question: Can Privacy Law Block a Software Piracy Investigation?
News & Updates, Thought Leadership
Aug 28, 2026

‘First published on India Business Law Journal’ By: Pravin Anand, Ajai Garg and Siddhant Chamola The Supreme Court of India’s Artificial Intelligence

Keeping the ‘judge’ in judgment