Delhi High Court grants ex-parte ad-interim injunction in favour of Mankind Pharma Ltd. to restrain infringement of trade mark
It was said that if no ex-parte ad-interim injunction is granted, Mankind Pharma would suffer an irreparable loss.
It was said that if no ex-parte ad-interim injunction is granted, Mankind Pharma would suffer an irreparable loss.
It is submitted that Plaintiff 1 is a ‘celebrity’ and has a valid and enforceable personality right. He satisfies the dual test of personality rights, viz. having a valid and enforceable personality right on account of being a well-known reputed personality and the same is clearly identifiable in the infringing content uploaded by Defendants 1-8 and 13 on their social media accounts.
Making AI tools available that enable conversion of any voice into that of a celebrity without their permission constitutes a violation of their personality rights and such tools facilitate unauthorized appropriation and manipulation of a celebrity’s voice, which is a key component of their personal identity and public persona.
The Court stated that physicians, doctors, and chemists are knowledgeable in their field, however they are not infallible, and in respect of medicinal and pharmaceutical products there cannot be any leeway for mistakes, since even a possibility of a mistake may prove fatal to the consumers.
“A thin line of distinction exists between defamation and public criticism and an onerous task lies with the Courts to maintain this delicate balance between the competing claims and rights.”
The case arises from the alleged infringement of Eveready’s trademarks by the defendants. Eveready contends that the defendants’ use of the mark “EVERYDAY” for electric gas lighters is deceptively similar to Eveready’s “EVEREADY” trademark.
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