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Tag: Copyright Infringement

Copyright

Bombay HC Ruling on Logo Access and Reverse Passing Off

The Bombay High Court's ruling in Atyati v. Cognizant offers a masterclass in documenting independent creation for design marks. Justice Sharmila U. Deshmukh dismissed the copyright infringement suit, emphasizing that the 'reasonable opportunity of access' is a strict threshold that requires more than mere speculation. Furthermore, the court recognized reverse passing off as a viable legal claim in India, even while ruling against it on the facts. This decision is essential reading for companies undergoing rebrands, highlighting the importance of maintaining contemporaneous documentation to shield against claims of copying.

8 min read
trademark

Blue Cross Wins MEFTAL-SPAS Trademark Case in Bombay HC

The Bombay High Court has issued a permanent injunction in favor of Blue Cross Laboratories, halting the sale of 'MEFIAL-SPAS' by Alto Healthcare. This case serves as a masterclass in pharmaceutical IP enforcement, combining trademark infringement and copyright claims to protect a long-standing brand identity. With a significant cost award of Rs. 10 Lakhs, the court reaffirmed its strict stance against blatant imitators. This article examines the court’s application of the deceptive similarity test, the importance of registering packaging artwork, and the consequences of failing to contest commercial IP litigation.

10 min read
Copyright

Zee vs. Libas: Instagram Music and Copyright Law

The Zee v. Libas copyright case exposes a significant legal blind spot for many Indian brands: the assumption that Instagram's built-in music library grants commercial rights. Justice Tushar Rao Gedela’s ruling confirms that platform-level access for personal use does not equate to a license for brand promotions or commercial Reels. As Zee pursues litigation against major retailers like Nykaa and JioStar, it is clear that courts are now scrutinizing the line between platform access and illegal commercial exploitation. Brands must secure direct synchronization licenses to avoid severe copyright infringement liability.

11 min read
Copyright

Copyright Infringement in India: A Practical Legal Guide

Understanding copyright infringement in India requires navigating complex principles like the originality threshold, the idea-expression dichotomy, and the scope of fair dealing. Courts assess infringement through the lens of a reasonable person, filtering out unprotectable elements such as historical facts or generic themes before comparing works. With the rise of digital piracy and AI, legal doctrines like dynamic injunctions and moral rights have become vital for creators. This guide breaks down the core legal frameworks that govern modern disputes, helping rights holders distinguish between actionable piracy and unavoidable similarities in shared subject matter.

12 min read
Copyright

Disney, Universal & Warner Bros v. MiniMax: AI Copyright

The MiniMax copyright lawsuit marks a pivotal moment for generative AI. Hollywood giants Disney, Universal, and Warner Bros have successfully pushed their infringement claims toward trial, challenging how AI companies train systems on unauthorized copyrighted works. A US federal judge recently denied MiniMax’s motion to dismiss, finding the studios' claims of direct and secondary infringement legally sufficient. With the case proceeding, the entertainment industry is closely watching whether AI training data practices will be ruled as copyright violation, setting a critical precedent for future global AI development.

2 min read