Distinctive Elements Of Advertisement Campaign Protectable Under Intellectual Property Law

In Bright Lifecare Private Limited v. Vini Cosmetics Private Limited and Anr., the Delhi High Court ('Court'), in a first of its kind decision, held that distinctive elements in an advertising campaign are independently protectable under intellectual property law.

Bright Lifecare Private Limited ('Plaintiff'), which is in the business of manufacturing and trading of health supplements, nutraceuticals, and food products, began an advertising campaign for its protein supplement in March, 2018 titled 'ZIDDI HOON MAIN' and used various forms of Hindi language words "ZIDD" and "ZIDDI" to describe a quality of persons who do not give up despite various challenges ('Plaintiff's Advertisements'). The Plaintiff's Advertisements centred around the theme of protagonists being depicted lifting heavy weights or working out in the gym and sweating profusely while working out. The Plaintiff's Advertisement were shot in a dark setting with very few lights and towards the end