ARTICLE
25 July 2017

Movie Title And Passing Off Claims

L
LexOrbis

Contributor

LexOrbis is a premier full-service IP law firm with 270 personnel including 130+ attorneys at its three offices in India namely, New Delhi, Bangalore and Mumbai. The firm provides business oriented and cost-effective solutions for protection, enforcement, transaction, and commercialization of all forms of intellectual property in India and globally. The Firm has been consistently ranked amongst the Top- 5 IP firms in India for over the past one decade and is well-known for managing global patent, designs and trademark portfolios of many technology companies and brand owners.
The Hindi Film Industry has been continuously witnessing, controversies relating to issues of copyright infringement
India Intellectual Property

The Hindi Film Industry has been continuously witnessing, controversies relating to issues of copyright infringement, censorship and film titles disputes etc. and in line with the same, we cannot ignore a recent trend, whereby the party seeking relief, moves to the court for injunction at a very crucial stage i.e. just before the release of a film infringing the alleged IP rights. Off late, the last minute injunction has become a stratagem by the aggrieved party to their advantage and at the same time causing maximum damage to the commercial viability of the said film.

Recently before the Bombay High Court, a case was brought by Anil Kapoor Film Co Pvt. Ltd. (hereinafter referred as Plaintiff) against Make My Day Entertainment & Another (hereinafter referred as Defendants) for grant of injunction where the application was based on a claim of passing off a movie title. In the present case, Anil Kapoor Film Co Pvt. Ltd. claimed rights in the title "Veere Di Wedding" a film which is yet to release and is under production and on the other hand, the defendant's movie which is all set to release with the title "Veere Ki Wedding".

Read the article here: http://www.lexology.com/library/detail.aspx?g=31e9fec5-8769-497d-bc0c-c4f810ec250c

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