An advertising agency, Wieden+Kennedy, sued Jindal Steel for copyright infringement. Wieden+Kennedy claims Jindal Steel’s commercial copied their work product, despite not paying for the full project. The court found some similarities but didn’t rule on infringement. Since the contract included arbitration clause, the court directed the parties to settle through arbitration and asked Jindal Steel to deposit a security sum to prevent the commercial’s broadcast. Continue Reading Ad Agency sues Jindal Steels for Copyright Infringement
Kalyan Jewellers successfully defended its trademarks ‘Kalyan’ and ‘Kalyan Jewellers’ against cybersquatting through a recent Madras High Court ruling. The Court ordered the transfer of the infringing domain name “kalyanjewellers.com” to Kalyan Jewellers after the WIPO arbitration panel couldn’t decide on the case due to the requirement of proving bad faith. Continue Reading Injunction against use of Kalyan and Kalyan Jewellers Trademarks
Cybersquatting is no stranger to us, considering the increasing number of cybersquatting incidents that have come to light in the recent years. Cybersquatting is registering, using or selling of a domain name with the intention of benefiting from the name, popularity or goodwill of another’s business, trademark or brand. The Anti-Cybersquatting Consumer Protection Act (ACPA) has been established in the United States to protect the trademark owners from the unlawful actions of cybersquatters. The Act prohibits such practice as registering…
This presentation was delivered by Ms. Sharada Kalamadi at GNLU as a part of the entertainment law course offered to LLB and LLM students. The presentation covers:
Subject matter of disputes in the entertainment industry
Fair Dealing/Fair Use
Section 52, Copyright Act, 1957
Concept of Fair Use
Fair use defense
Copyright infringement
"Abstraction-filtration-comparison” test.
Quantitative & Qualitative Test
Extrinsic- Intrinsic Test
Kroff Test
R.G. Anand vs M/S. Delux Films…