WEEKLY HIGHLIGHTS 21st Dec to 25th Dec’20

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BOMBAY HIGH COURT RESTRAINS ARISTO APPARELS FROM USING “SERO” OR DECEPTIVELY SIMILAR MARKS FOR TRADEMARK INFRINGEMENT

In a suit of trademark infringement, the Bombay High Court passed an interim order of injunction against company M/s Aristo Apparels for selling men’s clothing under brand “SERON”. The Court stated that Savla Corporation’s trademark (plaintiff’s mark) is SERO and the defendant had merely added a ‘N’ to the plaintiff’s mark and has also infringed the copyrighted artwork/brand logo of Savla Corporation’s trademark “SERO”. The Court ordered the receiver to immediately seize and seal all offending products found in the premises of M/s Aristo Apparels to protect the trademark of “SERO” brand name belonging to the Savla Corporation.

ISRA MOVES DELHI HIGH COURT AGAINST DHARMA PRODUCTIONS PVT. LTD FOR CLAIMING PERFORMERS’ ROYALTIES QUA SONGS SYNCHED IN GUNJAN SAXENA

The Delhi High Court has issued summons against Dharma Productions Pvt. Ltd (“Dharma”), in a suit filed by Indian Singers Rights Association (ISRA) claiming that Dharma released the cinematograph film “Gunjan Saxena- The Kargil Girl” by commercially utilizing three performances of the members of the ISRA which were originally part of cinematograph films. ISRA on becoming aware of the infringement of its rights had issued a legal notice to Dharma claiming that ISRA members had the copyright in respect of the performers’ rights in ‘Ae Ji O Ji’ from the cinematograph film ‘Ram Lakhan’, ‘Choli Ke Peeche Kya Hai’ from the cinematograph film ‘Khalnayak’ and ‘Saajan ji Gher Aaye’ from the film ‘Kuch Kuch Hota Hai”. In furtherance to this, ISRA seeks royalty from Dharma for commercial exploitation of performance of ISRA’s members.

ISRA urged the Court that as per Copyright Act the tariff for the performers’ rights is fixed and Dharma should be made to deposit the said amount before Court.

Dharma defended ISRA’s claim on the ground that studio performances are not live and therefore do not qualify for any royalty.

The Court opined that issue of Dharma’s performer’s right was triable and matter will be heard further on 12th March 2021.

PIL FILED FOR OBSCENITY, GAMBLING CONTENT BEING BROADCASTED ON TELEIVISON

On hearing two of PIL’s, the Madras High Court expressed anguish over the kind of content being broadcasted on TV, remarking that media should show some responsibility. The Court stated that merely because they don’t have censorship, they cannot throw anything and everything on the screen.

SUIT FILED AGAINST ALIA BHATT, SANJAY LEELA BHANSALI & OTHRS OVER `INDECENT REPRESENTATION` IN FILM “GANGUBAI KATHIAWADI”
A suit has been filed by Gangubai’s son Babuji Rawji Shah (“Plaintiff”) against filmmaker Sanjay Leela Bhansali, Bhansali Productions and Alia Bhatt (“Defendants”) for their upcoming film titled “Gangubai Kathiawadi”. As per reports, Plaintiff has also filed a case against writer, Hussain Zaidi and reporter Jane Borges stating that the Film is based on book ‘The Mafia Queens of Mumbai, while the original research is credited to Jane.

The Plaintiff alleged that certain parts of ‘The Mafia Queens of Mumbai’ are ‘defamatory and an infringement upon his right to privacy, self-respect and liberty’.

The Plaintiff has demanded that film’s production be halted and that specific chapters of book and film be deleted along with restraining its printing and circulation.

The Defendants are given time till January 7, 2021 to respond.

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