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Category: Copyright

Trademark Registration Doesn’t Make You a Copyright Owner: Lessons from the Delhi High Court’s CAMEL Ruling

October 27, 2026
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| Categories: Copyright, Trademark

Many Indian businesses assume that once a logo, label, or packaging design has been registered as a trademark, the underlying artwork is automatically theirs under copyright law as well. A judgment from the Delhi High Court, reported in the first week of October 2026, is a useful reminder that this assumption can be wrong, and the gap between the two rights can cost a brand owner dearly. The Dispute Over the "CAMEL" Label The case, Japan Tobacco Inc. and Anr. v. The Central Wearhouse and Anr., arose out of a petition before the Delhi High Court seeking rectification of the Register of Copyrights under Section 50 of the Copyright Act, 1957. Japan Tobacco Inc., which markets CAMEL cigarettes internationally, and...

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Delhi High Court Puts Instagram’s ‘Remix’ Feature Under the Copyright Lens

October 3, 2026
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| Categories: Copyright
Delhi High Court

On 29 September 2026, the Delhi High Court turned its attention to a feature that millions of Indian Instagram users reach for every day: "Remix." In a suit filed by Dr. Vikas Divyakirti, the well-known founder of Drishti IAS, against Meta Platforms, Justice Anup Jairam Bhambhani did not mince words about how the feature can be misused, reportedly remarking that it amounted to "a tool for copyright violation" and a "mischievous feature." For IP practitioners and content creators alike, the case is worth watching closely, because it sits squarely at the intersection of copyright infringement, platform design, and intermediary liability under Indian law. The Dispute: Divyakirti v. Meta Platforms Dr. Divyakirti's lectures and video content, widely circulated on social media,...

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Copyright Registration in India: Procedure, Timelines and Common Pitfalls

September 23, 2026
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| Categories: Copyright

Copyright protection in India arises automatically the moment an original literary, dramatic, musical or artistic work, or a cinematograph film or sound recording, is created and fixed in a tangible form. Unlike a trademark or a patent, no registration is required to bring a copyright into existence. Yet every year, thousands of authors, publishers, software companies, and businesses apply to register their works with the Copyright Office in India. Why bother with a formality the law does not strictly require? This article explains what copyright registration actually does, how the process works, and where applicants commonly go wrong. Copyright Exists Without Registration – So Why Register? Under the Copyright Act, 1957, copyright subsists in a qualifying work from the moment...

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What’s cooking between Dhanush and Nayanthara? Copyright Infringement

November 18, 2024
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| Categories: Copyright, Intellectual Property

The legal battle between Nayanthara and Dhanush centers around a dispute over the use of behind-the-scenes footage in a Netflix documentary about Nayanthara’s career. The controversy began when Nayanthara's team included a clip from the making of Naanum Rowdy Dhaan, a film produced by Dhanush. Dhanush sent a legal notice demanding the removal of the footage, arguing that as the producer of the film, he held exclusive rights to all materials related to it. He claimed that the footage was used without proper authorization, and if the clip wasn’t removed, he would seek damages. Nayanthara, in response, expressed her disappointment over the situation. She explained that she had made efforts to obtain the necessary permissions, including trying to secure a...

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How registering in Amazon Brand Registry keeps counterfeits at bay

March 7, 2018
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| Categories: Branding, Copyright, Domain Name Disputes, ecommerce, Intellectual Property, Trademark

Amazon Brand Registry has been there for quite some time but in several other forms.  This has undergone a drastic revamping in the later part of 2017. In the era of internet, brand names are more prone to hijacks and deliberate confusion created by counterfeiters than it is in the offline marketplace. Almost every e-commerce company has its intellectual property protection policy in place to offer protection to its vendors and affiliates, but often face great challenges when it comes to cases of parallel importation and infringement. Amazon is not an exception to it, and sellers who sell their products on Amazon also encounter a plethora of issues that pose significant challenges in sales and marketing. Issues are plenty, ranging...

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Pepsico gets relief in AQUAFINA trademark case

June 13, 2014
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| Categories: Copyright, Intellectual Property, Trademark

We live in an era when water is slowly becoming a commodity. Those days are not too far when water will no longer be freely and easily accessible or available. There are numerous brands under which bottled water is being sold in the marketplace, and for the most part, most of them adapt similar colour combination and texts on their labels and the labels printed on them bear similarities. Among thousands of small companies, sizable players are Coca Cola and Pespisco, and AQUAFINA is the registered trademark of PEPSICO. Small time proprietors are increasingly become ignorant of business ethics, laws and statutory compliance, and are willing to take significantly high risks for petty profits. AQUAFINA Vs AQUA FIES Permanent Injunction and Rs. 5 Lakh damages...

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