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KAL Radio out of tune on copyright
The relatively new provisions of the statutory licensing of copyrights have often caused confusion with respect to their interpretation. The courts have repeatedly faced the dilemma of whether to interpret those provisions narrowly or...
Corporate and commercial e-interests yield to consumers
A new draft of the e-commerce rules was published in June 2021 and feedback is invited. The rules apply to all goods and services purchased or sold over electronic networks, including non-tangible products and...
Uniformity needed for IP disputes
The establishment of an IP division at Delhi High Court should be followed by the creation of similar benches at other high courts, write Manisha Singh and Varun Sharma
Recently, Delhi High Court created an...
The rebuild
The IP division at Delhi High Court may be a harbinger of a new era, but India would do well to look further afield for examples of best-practice IP dispute resolution, argues KS Kardam,...
Alpha inducts food, retail head
Vikram Raj has joined Alpha Partners as a partner in Bengaluru, and will head its food and retail (regulatory and litigation) practice. Raj joins from Farm to Fork Solutions, where he was head of...
Indian Law Firm Awards 2021
Vandana Chatlani reports
India has faced a terrible year battling the covid-19 pandemic. Companies and law firm offices shut shop. Homes were turned into work spaces, and lawyers relied on technology to stay connected.
Investments in...
Copyright registration not mandatory for enforcement of rights
Copyright is unique in that it comes into existence as soon the work is created. It is enshrined in the automatic protection principle in the Berne Convention and, as a member of the convention,...
Abolishing IPAB: An own goal?
Closing down the Intellectual Property Appellate Board may not align with the government's plan of promoting ease of doing business, writes Pravin Anand
See also: IP practitioners warn of dire consequences as IPAB gets the...
Using injunctions to prevent IP infringement
Brand owners can benefit from preventive relief against acts of infringement or passing off by others. The courts can grant various types of injunctions, prohibitory, permanent, or temporary, to prevent further damage to the...
Outsourcers are protected against IP infringement
Many companies outsource manufacturing processes to third party entities or vendors. Such vendors are bound by the terms of agreements that define key aspects of the services they provide, including the use of the...
How proposed data reform will affect venture capital
The committee studying non-personal data and data governance frameworks has issued a draft report for consultation. The report particularly affects digital businesses including fintech and payment service providers, as it proposes a new regime...
Moving targets
With IP infringers shifting pirated content to mirror websites following takedown orders, Delhi High Court has started allowing dynamic injunctions to block new means of broadcasting the material. Rebecca Abraham reports
Delhi High Court has...
Domain registrars and banks held accountable
The internet gives criminals many opportunities to defraud unsuspecting users. It is well known that one must not believe everything that is on the web. The imaginative ways that copyright infringers use to defraud...
Disney wins injunctions against 37 ‘rogue’ websites
Saikrishna & Associates represented Disney Enterprises when Delhi High Court granted the entertainment giant interim injunctions against 37 websites that Disney said were enabling the downstreaming of their films and other programmes without licences.
The...
No copyright protection implied for film sequels
India is acclaimed for its film industry and produces the largest number of movies in the world per year. Apart from Hindi cinema, there are many other regional film industries renowned for their glitz,...
Fighting piracy: A usual day at work for software giants
Software products now serve a global audience across many industries. Organizations have been shifting from paper to digital. This increased dependency and demand has had favourable and unfavourable consequences for software developers. Purchase of...
Creative synergy
Intellectual property and R&D teams need to work closer in order to better monetize IP for companies, writes Mythri Kota
High-quality protection of intellectual property (IP) is a crucial factor for companies to succeed in...
Keeping competitors at bay
Parties must take care not to have unreasonable or one-sided non-compete clauses in agreements, as these can be rendered ineffective by the courts, writes Kunal Mehta
It is well-settled law that a non-compete obligation in...
Indian Law Firm Awards 2020
The 2021 Indian Law Firm Awards is out. Click here to see "Indian Law Firm Awards 2021"
And the winners are ... Rebecca Abraham reports
Companies and law firms across India have been grappling with a...
Brands adopt stronger enforcement strategies
Over the past few years, with the rise in counterfeiting and trademark infringement cases, the need for and the awareness of enforcement of intellectual property rights (IPR) has also increased. Since the target consumer...
Problem solving
The way ahead is never straightforward
As experience in the past few decades along with recent events have shown, propelling the Indian economy forward requires wisdom, out-of-the-box thinking in large doses, and a good helping...
Out of harmony
Clarity from the Intellectual Property Appellate Board is required to lessen tensions between music labels and broadcasters, writes Sachin Kalra
The relationship between radio broadcasters and music labels has always been contentious, due to rights...
Recourse measures for apprehension of infringement
Threats of infringement weigh heavily on patentees who therefore closely monitor active and passive unauthorized uses of their patented inventions. This is not as easy as it may seem. What constitutes an imminent danger...
Deals of the Year 2019
India Business Law Journal reveals the most significant deals and disputes of 2019 and the law firms that worked tirelessly to bring them to fruition
The best transactions for the past year in India came...
LexOrbis promotes 2 to partnership
LexOrbis has promoted associate partners Joginder Singh and Omesh Puri to the position of partners in its Delhi office. Singh and Puri have headed the patent engineering, and trademarks, copyright and design practices, respectively, for...
Are copyright infringement offences cognizable or not?
In November 2019, the Delhi High Court heard a petition filed by Anurag Sanghi, who sought relief to quash a first information report (FIR) registered against him under sections 63 and 65 of the...
News in brief
ELP partners leave firm
Seetharaman & Associates has changed its name to Sarvada Legal after bringing on board former Economic Laws Practice (ELP) partners MP Devnath and Vivek Sharma and associate partner Abhishek Anand along...
Under attack
A US report offers a stinging rebuke to India’s behaviour on matters of intellectual property. But how justified are its criticisms? Corporate counsel Harish Suryavanshi gives his view
On the eve of World Intellectual Property...
Leaders of the pack
India Business Law Journal reveals the top international law firms for India-related matters. Vandana Chatlani reports.
Five years ago, when Prime Minister Narendra Modi first came to power he was described by former CNN New...
Architects cannot object to demolition of buildings
In a recent judgment in Raj Rewal v Union of India & Ors, Delhi High Court considered whether an architect of an artistic work could restrain or seek compensation from the owner of the...
News In Brief
HSA gets banking partner in Delhi
HSA Advocates has hired Amit Charan as a partner in its New Delhi office. Charan joins from SNG & Partners where he was a principal associate. Charan focuses on...
Protecting IP assets key to success of startups
Recent efforts by the government, investors and innovators have helped facilitate the growth of budding businesses in India. While the initial plans for any business involve indispensable demands and priorities, protection of intellectual property...
Weak links
As regulation races to keep up with the digital evolution, the rapid pace of change can create its own weaknesses in the chain of protection and enforcement. Gautam Kagalwala reports on how India's draft...
Focus on the Spotify case
MANOJ K SINGH and SAMRIDH AHUJA explore compulsory licensing in India’s copyright regime
The eagerly awaited music streaming app, Spotify, launched in India on 28 February 2019 mired in multiple controversies as music labels Warner Music Group...
Safeguarding brands online
ESSENESE OBHAN and TAARIKA PILLAI analyze online counterfeiting, intermediary liability rules
The spread of user-generated content and e-commerce platforms, combined with competition for website traffic demands new strategies to monitor the online use of trademarks...
Calculating punitive damages in infringement
Although there have been several intellectual property (IP) infringement cases in India, most of the time the litigants either settle the dispute out of court or are satisfied with a permanent injunction. Injunctions including...
Indian Law Firm Awards, 2019
The 2020 Indian Law Firm Awards is out. Click here to see our full coverage
India Business Law Journal presents the top law firms in India 2018-2019. Rebecca Abraham reports
The challenges and opportunities of the past...
Legal frontiers
Leading law firms shed light on the cutting-edge practice areas that are receiving the attention of India’s top legal minds
Internet platform liability
Bankruptcy & insolvency
Data privacy
Taxation
INTERNET PLATFORM LIABILITY
Intermediary liability in India – moving goalposts
The internet...
Intermediary liability in India – moving goalposts
INTERNET PLATFORM LIABILITY
The internet has revolutionized the way we interact; however, it has also brought with it a host of problems such as hate speech, terrorist recruitment, fake news, illegal lobbying, and personal data...
Deals of the Year 2018
India Business Law Journal reveals the most important deals and disputes of 2018 and the law firms behind them. Gautam Kagalwala reports
Last year mingled pleasure with pain for debt-strapped India, and many of the...
Customer database does not qualify as a trade secret
Delhi High Court recently examined whether a list of customers/clients together with information about their contact persons/numbers maintained by a service provider has copyright.
In Navigator Logistics Ltd v Kashif Qureshi & Ors, the plaintiff,...
Evolving principles for award of punitive damages
The principles involved in award of damages in intellectual property (IP) litigation in India have seen much evolution in the recent past. The landscape of the award of punitive damages was aggressively set in...
No prizes for second place
Elite national law universities have captured the corporate law world. Do lawyers from the lower-rung schools stand a chance? Rebecca Abraham takes a look at the challenges for aspiring lawyers
The Common Law Admission Test...
Copyright infringement offences: Cognizable or not?
Cognizability is one of the various kinds of classifications pertaining to offences. A cognizable offence is one for which a police officer may arrest without warrant. The cognizability of the offence of copyright infringement...
Courts take the high road to punish IP infringers
Enforcement of intellectual property (IP) law remains the most debated subject in the matter of infringement of intellectual property rights (IPR). Such concern covers all subjects in the fields of patents, designs, trademarks and...
Concepts cannot receive copyright protection
Delhi High Court recently reiterated the long-established principle that a concept is not entitled to copyright protection. The definition of “a work” under section 2(y) of the Copyright Act, 1957, and the list of...
Artistic works: Resolving design-copyright overlap
One of most controversial provisions of the Copyright Act, 1957, states that copyright in any design that could be registered under the Designs Act, 2000, but has not been so registered will cease when...
Open market for fake goods
A reluctance by the police to enforce criminal laws against counterfeiters is fuelling their illicit trade. Harsh Aggarwal and Roma Arora report
Counterfeiting is one of the biggest challenges facing brand owners, as it threatens their...
TV outlets and distributors face new regulatory regime
A 3 July press release from the Telecom Regulatory Authority of India (TRAI) has brought into effect the Telecommunication (Broadcasting and Cable) Services Interconnection (Addressable Systems) Regulations, 2017, and the Telecommunication (Broadcasting and Cable)...
High fliers
Lawyers from around the world have had a busy year in India working on deals while adhering to the country’s ‘fly-in fly-out’ model. India Business Law Journal reveals the top international firms that are...
Safeguarding secrets
How can companies prevent former employees from using confidential information once they’ve walked out the door?
Kiran Radhakrishnan explains
In order to maintain a competitive edge in an era of globalization and increasingly liberalized markets, businesses...
Film titles not protected
Madras High Court in a recent judgment held that the Copyright Act, 1957, by itself does not protect titles of films, books or songs, as the title of a work is distinct from the...
Can designs law protect graphical user interface?
Protecting graphical user interface (GUI) through design registration is still a grey area in India. Although the Indian Design Office follows the classification which has class 14-04 for screen displays or icons, the office...
Indian Law Firm Awards 2017
Find the latest winners of the top law firms in 2018-2019 here
India Business Law Journal names the top law firms in India 2017-18.
Rebecca Abraham reports
By all accounts, 2017 has provided both opportunities and...
Getting inventive
Nishant Sharma assesses the government’s efforts to build an intellectual property eco-system that works for IP creators, buyers and the country at large
India has one of the most forward-looking sets of IP legislation in the...
Directorship, employment and copyright ownership
Delhi High Court in August dealt with a highly contentious matter pertaining to the ownership of copyright in a work involving the aspects of fiduciary duties of a director and work done in the...
John Doe orders bring light in dark age of digital piracy
Among various technological developments in the past two decades, the internet and other digital means of communication and publication have taken the highest leap. However, parallel to the escalation in the use of the...
Khaitan & Co represents Trimurti Films in copyright dispute
Khaitan & Co successfully represented Trimurti Films in the Bombay High Court to prevent Super Cassette Industries (T-series) and Vertex Motion Pictures (Milan Luthria) from using a remixed song in their recently released film...
‘Estate planning’ needed as joint ventures may go awry
When a joint venture (JV) is set up between an Indian and an overseas company, both parties usually have a bullish view of things to come and an eagerness to get started with the...
Grants of punitive damages signal growing IP protection
Damages, as the name implies, refers to a form of compensation as a result of breach, loss or injury. Punitive damages are pecuniary compensation awarded to punish the at-fault party, particularly for any intentional,...
WhatsApp notice to be legally admissible
Bombay High Court has confirmed acceptance of communication over WhatsApp Messenger as proof of notice of a case, observing that defendants who avoid and evade service by regular modes cannot be permitted to take...
Executive and legal regime fight against counterfeiting
Counterfeiting imperils a nation’s economic growth and tarnishes its brand image. India’s recent efforts to develop a robust and well-coordinated executive and legal regime to tackle this menace include the first National Intellectual Property...
The right formula
The general counsel of UPL talks to Rebecca Abraham about the risks and rewards of managing 7,000+ agrochemical trademarks
Global companies that currently lead in their particular sector – be it electronics, pharmaceuticals or beverages – almost invariably...
Meaningful change
A cheer for transparency, but for how long?
Owners of intellectual property (IP) rights in India have been cheering the publication of a new set of trademark rules. It reduces the paperwork when applying for...
Zee and Sony in copyright combat over reality show
In the constant race for TV rating points, competitors often come at loggerheads as in a recent clash between two titans over a reality TV show.
Zee Entertainment Enterprises initiated a quia timet copyright infringement...
IP comes to the fore in East Africa
John Syekei and Ariana Issaias at Bowmans offer tips on intellectual property protection in Kenya
Until recently, intellectual property was not a priority for investors seeking their nest of golden eggs in Africa. That is...
Intermediaries rejoice after key appeal win by Myspace
Freedom of speech and expression over the internet influence the entire online community, professionally and personally, in varying degrees. In India, the statutory framework on these issues has been inept and judicial precedent to...
Protecting the business of professional sports leagues
Sports events are among the most popular forms of entertainment available via the media. There is a craze for live events such as Indian Premier League cricket, Indian Super League football and even kabaddi...
Top tips for US companies doing business in India
India offers many advantages for US companies, including English language proficiency, a vibrant technology industry, an educated workforce and lower costs, as well as a number of pitfalls to avoid. Here are some quick...
A push for procedural certainty
Gowree Gokhale and Jaideep Reddy analyse the problems of delegated legislation and suggest ways to resolve them.
While the constitution and central and state statutes are the basis of India’s legal regime, delegated (or subordinate)...
Doing business in India: A mountain of challenges?
We read so much about the rapid growth of India’s economy and that recent reforms have made this huge country a more attractive place for foreign investors. But is the reality more complicated? How...
Single licence sufficient to play songs in public
In International Confederation of Societies of Authors and Composers (CISAC) v Aditya Pandey & Ors, the Supreme Court recently upheld a Delhi High Court ruling that event organizers need not secure licences from lyricists...
No tax on offshore transfer if IP owner located abroad
In the current era of globalization, it is quite common for a business as a whole to be transferred on an “as is where is” basis, without any modification in the prevailing business structure....
Educational exception under copyright act upheld
In The Chancellor, Masters & Scholars of the University of Oxford & Ors v Rameshwari Photocopy Services & Anr, Delhi High Court held that photocopying sections of books in which copyright exists, for use...
Catching the counterfeiters
Abhai Pandey and Omesh Puri on why greater enforcement machinery is vital to fight the fakes
With the advent of online marketplaces and the opening up of international trade on those platforms, counterfeiting in India...
Fake in India
Bharat Dube and Frank Rittman discuss the menace of counterfeiting in India and provide tips for brand owners and general counsel on how to fight it
In June, Jack Ma, chairman of the Alibaba Group, infamously stated at...
Marks in trouble
Protecting trademarks is tricky across the border in nepal, for a variety of reasons, write Roma Arora and Harsh Aggarwal
Astroll through any of Kathmandu’s markets reveals that Nepal’s commerce is closely linked to Indian brands and to international...
Copyright infringement claims are arbitrable
Bombay High Court, while adjudicating an application filed under section 8 of the Arbitration and Conciliation Act, 1996, in Eros International Media Limited v Telemax Links India Pvt Ltd, has held that intellectual property...
The tides turn
Will punitive damages being awarded in India deter intellectual property infringement?
Rebecca Abraham reports
In October 2008, Delhi High Court put its stamp on an interesting settlement reached in a case of trademark infringement brought before...
The slip between cup and lip
Shwetasree Majumder of Fidus Law Chambers discusses intermediary liability and finding collaborative solutions
Section 66A of the Information Technology Act, 2000, (the IT Act) has been widely dubbed an anti-free speech provision as it has...
Ruling clarifies jurisdiction in trademark law
Holding that it had no jurisdiction in M/s RSPL Ltd v Mukesh Sharma & Anr, Delhi High Court said that a plaintiff cannot call upon a court to act in a suit “on the...
Dazzled yet daunted by India
Few international brands will have had as long an alliance with
India as Cartier
The renowned French jeweller has what it calls an “inspiring relationship” with India that dates back to 1911 when Jacques Cartier, a...
Service providers’ liability for copyright infringement
The internet has been the most omnipresent form of media for two decades and along with all its benefits and popularity the legal ramifications have increased manifold. These include copyright infringement, which has been...
Inspirations, adaptations and drama over IP rights
India’s illustrious Bollywood entertainment industry is growing at an unprecedented rate, invariably leading to a rise in legal disputes. Traditionally, intellectual property-related disputes were scanty and solved without much ado. However, with the paradigm...
Some issues and challenges associated with 3D printing
With a constant and dynamic advancement in technology, laws, especially intellectual property laws, are always playing catch-up. This results in IP laws being stretched and sought to be purposively interpreted to cater to the...
Indian Law Firm Awards 2015
India Business Law Journal surveys in-house counsel and other legal professionals to identify the leading law firms of 2015 in a wide range of practice areas. Rebecca Abraham reports
For corporate law firms across India, 2015...
What’s in a name? Trademarks for film titles
India’s film Industry is booming, known to deliver world class films. Every film gets recognition from its name, giving it a sense of identity for the public to relate to or recognize.
In 2001, the...
Intellectual property rights: What startups should know
Branding, customer data, technology such as software, mobile applications, etc., form an integral part of the intellectual property (IP) portfolio of any start-up company. Protection of IP is crucial for startups in view of...
Tweet twitter tweeted: Can copyright protect tweets?
We live in a world where people find it imperative to share their thoughts, even if inane. The success of social networking websites such as Twitter is a clear testament to this need. However...
Building plans of private companies may be disclosed
In Ferani Hotels Pvt Ltd v The State Information Commissioner Greater Mumbai & Ors, Bombay High Court ruled that development plans of a real estate company can be disclosed by the municipal authorities, on an application under the Right to Information Act, 2005.
Ferani...
Supreme Court finds no copyright in title of a work
Allowing an appeal in Krishika Lulla & Ors v Shyam Vithalrao Devkatta & Anr, the Supreme Court held that there is no copyright in the title of a literary work and a plaintiff can obtain...
2015 rulings clarify taxation of software-related services
Taxation of software is one of the most debated issues of indirect taxation. With the rapid digitalization and the constant quest of the central and state governments to get a bigger slice of the...
Confidentiality-copyrights interplay in entertainment
The need to determine authorship is of paramount importance for the commercialization of intellectual property. Confidentiality and copyright are different areas of law, which seldom coincide when it comes to protecting originality or the...
Globetrotting
Intrepid Indian law firms are setting up offices overseas. What are the practicalities, perks and perils of such ventures? Vandana Chatlani investigates
As Indian businesses become more global in their outlook and operations, forward-looking Indian law...
Understanding costs and benefits
Developing an effective enforcement strategy for India can be tricky. Omesh Puri at LexOrbis explains what it takes
The enforcement of intellectual property (IP) rights requires the holders of the rights to proclaim their rights....
IP warrior
Ritesh Khosla at Multi Screen Media discusses the menace of piracy and his company’s battles to contain it. Interview by Vandana Chatlani
It is the media’s untamed beast. Piracy, with tentacles in every word, sound, image...
Slogans/taglines: Sure shot way to advertising success?
In today’s competitive world, companies continuously try to come up with unique advertisements to promote and create awareness of their goods and services. Advertising in India, a country with so much diversity, is particularly...
Reverse engineering and India’s Copyright Act
Computer programmes or software are classified as “literary works” under the Copyright Act, 1957. Software owners assert copyright in their software, however source code (also protectable under the act) is usually kept confidential. If...
Controls on advertising that misleads consumers
According to advertising pioneer David Ogilvy, consumers make their purchase decisions based on the content and not the form of advertising. This is still true today.
Ads create consumer awareness and with smart marketing enable...
Your place or mine? Case changes jurisdictional rules
As a result of legislative policy, intellectual property rights holders can file a suit where they reside or carry on business or personally work for gain, instead of where defendants reside or the cause...
Cause of action governs venue of infringement suit
Dismissing an appeal in Indian Performing Rights Society Ltd v Sanjay Dalia & Anr, the Supreme Court recently held that a plaintiff cannot institute a copyright or trademark infringement suit at a place where...
‘Originality’ concept under India’s copyright regime
Under section 13 of India’s Copyright Act, 1957, copyright can subsist only in “original” literary, dramatic, musical and artistic works. The act does not define “original” or “originality” and what these concepts entail has...
Exhaustion of copyright in today’s digital market
The digital market has become an important means of distributing copyright works. In relation to “tangible” copyright works such as books, CDs, etc., the rights and the ability of the copyright owner to assert...
The right equation?
A patent infringement case relating to an anti-diabetic drug highlights the delicate balancing act required to protect innovation while ensuring access to affordable medicines. Vandana Chatlani reports
On 28 April, the Supreme Court of India is...
In search of synergy
As two well-known intellectual property law firms merge, Rebecca Abraham asks what clients should expect
In 2013, six lawyers who appear before Delhi High Court were designated as senior advocates, five of them in February...
Trademark troubles
Roma Arora and Harsh Aggarwal of Havells share some experiences and anecdotes of managing their brands in India
Trademark licensing
Havells Sylvania Group handled a International Chamber of Commerce arbitration involving a tricky situation that raised...
Faces behind the marks
Brand managers at 24 leading companies reveal their hopes, fears and preferred law firms for intellectual property matters. James Burden reports
It’s spring and intellectual property is in the air. Next month approximately 10,000 IP lawyers...
Abiding by the law is key when assigning copyright
Like other forms of intellectual property, copyright can be transferred by an assignment agreement between the author of the original work and an assignee. Assignment agreements create legal and enforceable rights and can be...
Copyright Act amendments not apt for film and music
The amendments almost three years ago to the Copyright Act, 1957, are arguably among the most significant made to the act to date. The amendments not only radically altered how copyright ownership devolved but...
Trademark and counterfeit law reform in Canada
Two bills that recently became law in Canada are changing the country’s regulatory landscape around trademark and counterfeit issues. Both bills include amendments intended to bring reform to these areas.
Bill C-31, which became law...
Call waiting
iVoice Ventures has faith in India’s intellectual property regime despite its lingering trademark battle against Apple, writes Venky Vaiyapuri
Around 2006, India radically amended its telecom rules on the import of mobile phones thus throwing open...
Time for action
Companies should prepare now for the introduction of the goods and services tax, which is scheduled to take effect a year from now. Girish Vanvari and Santosh Dalvi explain
An immediate concern for anyone contemplating an...
Blurred lines
With the boundaries between telecoms, retail and other sectors becoming less well defined, Kalpana Tyagi calls for a new approach to tackling competition law challenges
Telecommunications companies that traditionally offered only fixed line telephone services now...
All you need to know about cover versions!
Cover versions are new recordings of a previously recorded or commercially released song by someone other than the original artist or composer. Usually non-commercial in nature, cover versions are often created by amateurs and...
Debate on nature of offence of copyright infringement
Section 63 of the Copyright Act, 1957, lays down the punishment for copyright infringement. Section 64 of the act empowers the police to “seize infringing copies” without a warrant. While from a copyright law...
Madras High Court protects actor’s personality rights
Madras High Court granted an injunction to restrain the makers of the film Main Hoon Rajinikanth from using actor Rajinikanth’s name, caricature, style and image to prevent the infringement of his personality rights.
In Shivaji...
IP boutiques confirm merger
IP firms Lall & Sethi and Singh & Singh have agreed to merge their practices by 1 April. The combined firm will be called Singh & Singh Lall & Sethi and will have nine...
Ashok Kumar lends name to tool against movie piracy
Decades after veteran actor Ashok Kumar charmed movie makers and viewers alike with his natural acting and effervescent personality, his name continues to resonate in the corridors of the entertainment industry courtesy of Ashok...
