Miscellaneous

  • The ‘Ghibli-Style’ Conundrum: When Does Imitation Become Infringement?

    Name of author: Ananya Sharma and Arjun Singh (II Year, Dr. Ram Manohar Lohiya National Law University, Lucknow) Keywords- AI, IP Right Infringement, Ghibli, Moral Rights, Imitation The ‘Ghibli-Style’ Conundrum: When Does Imitation Become Infringement? Consider this: an artist presents a painting – rich landscapes, muted watercolour, and a child-like whimsy.  Praise calls it “new,” but the reference is obviously Studio Ghibli.…

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  • Echoes of Innovation: AI-Generated Music and the Challenges of Intellectual Property

    Name of author: Kabir Thakur (II Year, Chanakya National Law University, Patna) Keywords: Artificial Intelligence (AI), Music, Intellectual Property (IP), Authorship, Ownership Rights Introduction In the contemporary scenario, rampant use of Artificial Intelligence (AI) and technology is prevalent. Generative AI has recently boomed as a major entity in the same. It refers to any machine…

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  • Initial Interest Confusion – Lessons from abroad and a Path for India

    Name of author: Ujjaini Biswas (IV Year, NALSAR University of Law, Hyderabad) Keywords – Consumer behaviour, deception, trademark infringement, initial interest, goodwill misappropriation Introduction The Trade Marks Act of 1999 protects consumers from deception and confusion, while protecting proprietors of goods and services from misappropriation of goodwill. The Doctrine of Initial Interest Confusion (“IIC”) has…

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  • The AI Art Heist: Disney and Universal’s Copyright Showdown with Midjourney

    Name of author: Manannya Bhandari (IV Year, Symbiosis Law School, Pune) The world of law is on tenterhooks. In a potentially landmark case, Disney and NBCUniversal have made a collective complaint against AI image generator Midjourney in the first of what promises to be several lawsuits that will redefine the future of generative AI. This is…

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  • Revisiting Brand Dilution vs. Cultural Adaption: Starbucks Litigation in the Asian Market

    Name of author: Anvita Sharma (5th Year, Jindal Global Law School) Name of author: Vidhi Gala, (Associate, Dhruve Liladhar & Co.) Trademarks, traditionally conceived as mere indicators of origin, have evolved into contested instruments of global commerce. In the modern marketplace, they do not simply protect consumer trust, but they often serve to entrench corporate dominance, restrict local…

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  • CRISPR Patent Wars Reignite: Federal Circuit Overturns PTAB in UC vs. Broad Battle

    Name of author: Khyati Deshmukh (LLM student at National Law University, Jodhpur) Name of author: Gauresh Chaudhary (LLM student at National Law University, Jodhpur) Patent conception doctrine, Biotech patent strategy, IP case analysis, Patent interference law, Innovation policy Introduction The billion-dollar question of who owns Clustered Regularly Interspaced Short Palindromic Repeats (CRISPR) gene-editing technology remains unresolved following the…

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  •  GUARDRAILS OR ROADBLOCKS? THE JUDICIAL REAWAKENING OF SECTION 3(B)

    Name of author: Vibha Patel (III Year B.Com LL.B.  student at Tamil Nadu National Law University, Tiruchirappalli) Name of author: K. Surya Kailash (III Year B.Com LL.B.  student at Tamil Nadu National Law University, Tiruchirappalli) An important turning point in India’s intellectual property laws was the Patent Act of 1970, which gave inventors exclusive rights and protected patentees’ inventions…

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  • Engaged (Taylor’s Version): Can Brands Hijack Your Digital Moment?

    Name of author: Mahi Agrawal (III Year B.A. L.L.B (Hons.)  student at Hidayatullah National Law University, Raipur) When Taylor Swift announced her engagement with Travis Kelce on Instagram, the internet went into overdrive. Fans cheered, brands scrambled, and memes exploded. Within minutes, the famous pizza chain Domino’s India posted its own Instagram update featuring pizza seasoning against…

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  • Authorship and Challenges of Generative AI: A Reappraisal of Moral Rights in India

    Name of author: Deepali Tilwani  (IV Year B.A. L.L.B (Hons.) student at Institute of Law, Nirma) Name of author: Kritika Singh (IV Year B.A. L.L.B (Hons.) student at Institute of Law, Nirma) In 2023, the U.S. Copyright Office rejected an application for copyright protection over a graphic novel, Zarya of the Dawn, because key images were generated…

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  • LIBRARY INSIDE MACHINE: COPYRIGHT PROTECTION AND INNOVATION

    Name of author:  Khushi Jain (II Year B.A. L.L.B (Hons.) student at Dr. Ram Manohar Lohiya National Law University, Lucknow) Artificial Intelligence (“AI”) has transcended the walls of laboratory curiosity and permeated classrooms, lectures, and students’ laptops. While it offers several advantages, it also raises a pertinent question. Do AI-generated educational materials qualify as ‘original works’…

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