No copyright in advertising slogans

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In Godfrey Phillips India Ltd v Dharampal Satyapal Ltd & Anr, Delhi High Court held that a slogan, being a “combination of common words”, would not fall within the scope of artistic or literary works under the Copyright Act, 1957. Dismissing a suit for permanent injunction, the court added that the slogan in question “does not appear to be an outcome of great skill”.

The parties were competitors in the manufacturing, marketing, and distribution of paan masala – a mix of nuts, seeds, herbs and spices eaten after meals. Godfrey Phillips filed a suit for infringement of copyright, passing off, unfair competition and dilution, alleging that Dharampal Satyapal had imitated the various distinctive features of its slogan shauq badi cheez hai. Dharampal Satyapal’s slogan for its brand of paan masala is swad badi cheez hai.

Advertising_billboards_KeralaGodfrey Phillips argued it was entitled to copyright protection as the proprietor of the copyright of its slogan, which it said was an original literary work. It also argued that it enjoyed statutory trademark rights and common law rights for the slogan.

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The update of court judgments is compiled by Bhasin & Co, Advocates, a corporate law firm based in New Delhi. The authors can be contacted at lbhasin@bhasinco.in or lbhasin@gmail.com. Readers should not act on the basis of this information without seeking professional legal advice.

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