IPRMENTLAW WEEKLY HIGHLIGHTS (OCTOBER 28- NOVEMBER 3)

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UJDA CHAMAN VS BALA- RELIANCE JIO INTERVENES TO SETTLE THE MATTER WITH PRODUCERS OF UJDA CHAMAN

In the copyright infringement suit filed by Panorama Studios against Maddock Films, Reliance Industries Limited claiming to have acquired the exploitation rights of Bala from Maddock Films Pvt Ltd filed an impleadment application and amicably resolved the matter between the Parties.

Jio made a statement that the film in question ‘Bala’ would be released widely across the nation on Friday, 8th November 2019, preceded by a select preview on 7th November 2019.

Panorama Studios withdrew the suit and the matter was accordingly disposed of on October 28, 2019.

Read order here and here.

Ujda Chaman released on November 1, 2019 worldwide.

JAYALALITHAA’S ALLEGED BIOPIC “QUEEN” AND “THALAIVI” IN LEGAL TROUBLE – JAYALALITHAA’S NIECE DEEPA JAYAKUMAR MOVES THE MADRAS HIGH COURT AGAINST THE BIOPIC MAKERS

Late AIADMK chief Jayalalithaa’s niece, Deepa Jayakumar, has moved the Madras High Court, seeking a stay on two in-production projects, allegedly based on the former Tamil Nadu Chief Minister’s life. Deepa Jayakumar is concerned about the honesty with which the two projects –a film “Thalaivi” and a web series “Queen”- will tell the politician’s story. The suit has been filed against Mr. A.L Vijay, Mr. Vishnu Vardhan Induri and Mr. Gowtham Vasudev Menon. Mr. A.L Vijay is the director and Mr. Vishnu Vardhan Induri the producer of the film “Thalaivi” which us supposed to star Kangana Ranaut in the lead role. Mr. Gowtham Vasudev Menon is the director of the web series “Queen” starring Ramya Krishnan in the lead, which is to be streamed on MX Player. The suit has been for declaration to declare that defendants do not have the legal right to release the content and further claiming violation of privacy and personality rights of the Plaintiff and her family. The court is expected to take up the suit for hearing on November 4.

 

JUSTICE PRATIBHA SINGH SEEKS REPLY ON THE DYSFUNCTIONAL AFFAIRS OF IPAB

Intellectual property appellate tribunal is a bench of two, consisting of one judicial member and one technical member who is supposed to be an expert either in trademarks or patents or copyright or plant varieties, depending on the matter that is being heard. The tribunal is empowered to hear matters relating to appeals against orders of the IP Office, revocation petitions against trademark and patent matters and to fix royalty rates under the Copyright Act.

However, currently there are no judicial members on the IPAB because of which hearing has not been conducted.

In a stringent order passed on October 23, 2019 Justice Pratibha Singh, Delhi High Court has demanded answers from the Secretary of the DIIPT on the state of affairs of IPAB.

FLIPKART DECLARED A WELL-KNOWN TRADEMARK

Flipkart, had filed for a permanent trademark injunction to restrain Somasundaram Ramkumar from using the trademark FLIPPINGKART and the domain www.flippingkart.com. Flipkart argued that they are the registered owners of the trademark FLIPKART which was adopted in 2007 and Somasundaram has unauthorizedly registered the domain www.flippingkart.com in 2017 to encash upon the reputation and goodwill of Flipkart. In an ex-parte judgment, the Madras High Court opined that the mark FLIPPINGKART was adopted with a malafide intent and the same would amount to trademark infringement and passing-off of Flipkart’s goods and/or services. The Court further declared Flipkart a well-known trademark.

Read judgement here.

 

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