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.