ANAND AND ANAND

Time honours Anil Kapoor for his fight for personality rights TIME has honoured Anil Kapoor in its ‘Time AI 100 list’ for his fight against unauthorised use of his AI likeness. In September 2023, Kapoor, represented by a team of lawyers from Anand and Naik, obtained an order from Delhi High Court injuncting unauthorised use of his name, likeness, image, voice, or any other aspect of his persona for monetary gains. In its article honouring Kapoor, Time said, “Kapoor’s ruling comes at a time when the industry is grappling with how to regulate the misuse of AI... Kapoor’s victory has also paved the way for others to seek protection over their personality rights.”

Our Senior Partner Safir Anand shared his views on, why protection should be done, impact of police enforcing, impact on valuation, processes in protection and enforcement, and dealing with issues such as AI for the creative economy in a panel discussion on ‘Building IPs For Creative Industries’ at the Creative Economic Forum 2024. He was joined by Anju Modi, renowned fashion and costume designer, Kapish Mehra Managing Director, Rupa Publications & Co-Founder, Aleph Book Company, and Megha Mamgain, Managing Editor - Health & Lifestyle & Vice President, Jagran New Media in the session held on August 31. The session was moderated by journalist Lovejeet Alexander. The panellists shared their unique perspectives on intellectual property, creativity, and innovation. From fashion and publishing to digital content, the discussion covered a wide range of IP challenges across various creative sectors.

Delhi High Court grants interim injunction in favour of Vishesh Films, restrains T-Series from using 'Aashiqui' title Vishesh Films Pvt. Ltd. v. Super Cassettes Industries Ltd Represented by team Anand and Anand, filmmaker Mukesh Bhatt’s production company Vishesh Films Pvt. Ltd obtained a major relief as the Delhi High Court on September 2 granted an interim injunction in its favour, restraining Super Cassettes Industries Ltd (T-Series) from using the titles “Tu Hi Aashiqui”, “Tu Hi Aashiqui Hai” or any other name which uses the mark “Aashiqui” for their film. This judgment is particularly relevant in view of the following findings: Film titles justify protection under trademark law. The significance of film titles in the present context of a series is particularly pronounced because they serve as a bridge between the various instalments, ensuring continuity and maintaining a connection with the audience. To argue that “Aashiqui” is descriptive would imply that it describes the film’s plot, characters, etc., however, films are more than the sum of their parts, being intricate stories where no single word can serve as a comprehensive descriptor. Therefore, “Aashiqui” is prima facie not a mere descriptive term but rather a distinctive mark that suggests a specific brand of romantic films, capable of being protected under trademark law. Notwithstanding the registration being classified as a device mark, it must follow that protection has been granted to the term “Aashiqui”, regardless of the font, design, or stylistic presentation in which it is used. The reference to word marks as device marks for registration purposes does not diminish the protection afforded to the word “Aashiqui”, which is the core element of the brand identity of the Aashiqui Franchise. The word “Aashiqui”, when used in the title of a film, is immediately recognizable to the public as being associated with the highly successful romantic film series. This association is not merely incidental; it has been built through years of significant commercial success. Moreover, the addition of the words “Tu Hi” and “Hai” does not significantly alter the overall impression of the title, particularly when viewed through the lens of imperfect recollection. This case is particularly concerned with the initial likelihood of confusion, whereby the public might be misled into believing that there is an association between the Defendant’s film and the well established Aashiqui Franchise. This confusion, even if temporary, can cause significant harm by diluting the “Aashiqui” brand. Team: Pravin Anand, Dhruv Anand, Udita Michelle Patro, Sampurna Sanyal, Nimrat Singh and Dhananjay Khanna  

In a major relief for filmmaker Mukesh Bhatt, the Delhi High Court restrained T-Series from using the titles “Tu Hi Aashiqui”, “Tu Hi Aashiqui Hai” or any other name which uses the mark “Aashiqui” for their film. Mukesh Bhatt has sued T-Series alleging that the production house has been planning to make the third Aashiqui movie without his consent. Read the details of the Order here: https://lnkd.in/dWxb5ivD Senior Advocate Sandeep Sethi with advocates Pravin Anand, Dhruv Anand, Udita Michelle Patro, Sampurna Sanyal, Nimrat Singh and Dhananjay appeared for Vishesh Films. Senior Advocate Amit Sibal along with advocates Harsh Kaushik, Shumi Wasandi and Sachin Akhoury represented T-Series. #DelhiHighCourt #CopyrightInfringement #MukeshBhatt #TSeries #Aashiqui3Movie #BarandBench

Through digital ads, endorsements and jersey sponsorships, global online betting platforms targeting sporting events from cricket to kho kho have crept back into the public space, even as the betting business itself remains prohibited across most of India. Mr. Safir Anand shares his views on this in an article published by LiveMint. https://lnkd.in/gJsAb9aA

ANAND AND ANAND hires former IPAB member Lakshmidevi Somanath as Partner With the onboarding of Somanath, the number of partners at Anand and Anand is now 33. Read more here: https://lnkd.in/dtDSptQ8 #BarandBench

Mr. Pravin Anand, Mr. Safir Anand, and Ms. Vaishali R Mittal have been featured in the ‘India Super 50 Lawyers 2024’ list by Asian Legal Business for their consistent excellence in client service and legal expertise. The Super 50 Lawyers are chosen based on direct client recommendations to ALB, showcasing their dedication to client needs and exceptional legal expertise.  

Look forward to this exciting session ANAND AND ANAND

Period and periodicity of working statements clarified by the Indian Patent Office. Please see our circular regarding the same.

Senior Partner Safir Anand and Lead Managing Associate Ritu Bhargava, explain to Aditya Rangroo of India Business Law Journal (IBLJ) why India’s best startups have chosen foreign shores and whether it’s possible to stem this outflow.   “India’s regulatory landscape is improving but still has challenges in bureaucratic procedures, stringent compliance requirements, and inconsistent policy implementation. In contrast, countries like Singapore, the US, and the UK offer more business-friendly environments with streamlined regulatory processes, better IP protections, and favourable tax regimes, allowing startups to focus on innovation and growth,” Anand and Bhargava share in the IBLJ article titled ‘Why India’s Unicorns Have Bolted’.   Anand and Bhargava say ease of access to venture capital is another reason that countries like the US, particularly Silicon Valley, attract investors with a high-risk appetite for new technologies and innovative business models. They say an international domicile “enhances a startup’s credibility and attractiveness to global investors.