Saturday, July 9, 2022

Bright Life care Pvt. Ltd. Vs Vini Cosmetics Pvt. Ltd.

DATE OF JUDGEMENT: 07.07.2022
CASE NO: CS (Comm) 144/2022
NAME OF HON'BLE COURT: High Court of Delhi
NAME OF HON'BLE JUDGE: The Honourable Justice Prathiba M Singh
CASE TITLE: Bright Life care Pvt. Ltd. Vs Vini Cosmetics Pvt. Ltd.

When a right holder makes its campaign popular, then any other party may try to take advantage of advertisement campaign. Advertisement campaigns play important role in expansion of business. Creation of unique advertisement campaigns requires lots of hard work and effort. Naturally monetary efforts are also involved in creation and propagation of advertisement campaign.

There may be various modes of advertisement campaigns. Audio, video or print media can be used for spread of an advertisement campaign. This articles deals with the situation when advertisement campaign is represented and propagated through video mode.

The issue involved herein is that how such advertisement campaigns , which are propagated through video mode, can be protected by the owner? What kind of intellectual property rights are there in an advertisement campaign? When an advertisement campaign is propagated through video mode, it may comprised of various elements. How intellectual property can be asserted by a right holder in such a situation?

One of such case came up before Justice Prathiba M Singh , High Court of Delhi in Suit bearing CS (Comm) 144/2022 titled as Bright Life care Pvt. Ltd. Vs Vini Cosmetics Pvt. Ltd., where in the Plaintiff filed the suit on the basis of its intellectual property right in its advertisement campaign JIDDI HUN MAIN which was projected in video form. The Plaintiff sought relief of injunction against the Defendants alleging that the Defendants are also using similar advertising campaign, where in the Hon'ble High Court of Delhi, vide its Judgement dated 07.07.2022 , was pleased to grant relief in favour of the Plaintiff against the violating content of the Defendants.

Ajay Amitabh Suman, IPR Advocate,
Hon’ble Delhi High Court,
ajayamitabh7@gmail.com,
9990389539

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