IP Case Law › Other › D.M. Entertainment Pvt. Ltd. v. Baby Gift House & Ors.
Relevant Acts and provisions
Code of Civil Procedure, 1908
Section Order XXXIX Rule 1Section Order XXXIX Rule 2
Provisions considered: Common law action for passing off, false endorsement and infringement of the right of publicity, with relief under Order XXXIX of the Code of Civil Procedure, 1908.
Brief facts
D.M. Entertainment Pvt. Ltd., which manages the entertainment career and commercial rights of a well-known singer, sued several toy and gift shops for selling imported dolls that replicated the artist's likeness, attire and mannerisms and purportedly sang snippets of his compositions without any licence. The defendants did not contest the suit and were proceeded against ex parte.
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Keywords
Character Merchandising False Endorsement Passing Off Personality Rights Publicity Rights
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