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
Aug 25, 2025

At the FICCI–ICRIER Conference on SEPs (23rd August 2025), our Managing Partner Mr. Pravin Anand shared his vision on how India can evolve from being

Conference on Standard Essential Patents (SEPs)
News & Updates
Aug 24, 2025

‘Intellectual Property for a company/ creator is as critical and important as human rights for an individual,’ this guiding belief at ANAND AND ANAND

IAM Strategy 300
Thought Leadership
Aug 21, 2025

‘First published on IAM’ By:  Vaishali R Mittal Patent examination by the Indian Patent Office (IPO) has slowed down dramatically over the last few

Patent examination slowdown risks harming India’s IP momentum
Thought Leadership
Jul 28, 2025

‘First published on Asia IP’ By: Pravin Anand In the book What is Life, written in 1944 by theoretical physicist Erwin Schrödinger, the author states: “A

Human versus machine consciousness