IPRMENTLAW WEEKLY HIGHLIGHTS (December 20-26)

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Gangubai Kathiawadi: Bombay High Court stays defamation proceedings against producers, authors and actor

The Bombay High Court continued the stay on summons issued by a Mumbai Court in a criminal defamation complaint against the producers, actress and author of the film Gangubai Kathiawadi.

Earlier this year, summons were issued against Alia Bhatt, Sanjay Leela Bhansali and his production house in connection to the complaint filed by one Babuji Shah, who claims to be the adopted son of Gangubai Kathiawadi. Shah had alleged that the film was inspired by the novel ‘The Mafia Queens of Mumbai’ by Hussain Zaidi. He also alleged that some sections of the novel were defamatory and tarnished his mother’s reputation while infringing upon her right to privacy.

Another High Court bench refused to grant a stay on the release of the film. Shah had moved the Court, seeking a stay on the release of the movie, and an order restraining the writers/publishers of the novel from creating any third-party rights or writing anything about Gangubai Kathiawadi.

Phonographic Performance Ltd. takes parties to Court to obtain license to play sound recording

On December 22nd, Justice Jamadar of the Bombay High Court issued notice to serve all the unserved defendants in each of the suits returnable 27th January, 2022.

In the meantime, the Court also (i) instructed each defendant to maintain audio recordings of the event held in relation Christmas and New Year celebration during 24th December to 5th January; (ii) the audio recordings are to be maintained in such a way that it can be produced in court; (iii) procurement of a license by any defendant from the plaintiff in this period will be without prejudice to their rights and contentions.

In another case (Phonographic Performance Ltd. vs. Canvas Communications), the Delhi High Court held that a clear prima facie case was made out in favour of plaintiff and restrained the defendant from exploiting or using any sound recordings or other work in which the plaintiff holds copyright and as would tantamount to infringement of the said copyright held by the plaintiff.

Matter is now listed for hearing on 22nd March, 2022.

Delhi Court restrains publishing company from selling, distributing book on Rana Kapoor

A Delhi court has restrained publishing company, Penguin Random House, from selling and distributing a book on former Yes Bank CEO Rana Kapoor, titled “The Banker Who Crushed His Diamonds: The YES Bank Story”, until the next date of hearing in the matter.

Additional District Judge Rajesh Kumar also restrained Almighty Tech Films from releasing and marketing any film that has a direct or indirect relation or reference to Kapoor without his prior consent.

Saregama to change name and lyrics of the song ‘Madhuban’

After Madhya Pradesh Home Minister Narottam Mishra alleged the video of the track “Madhuban” to be hurting the religious sentiments of Hindus, Saragama has agreed to change the name and lyrics of the song.

Saregama announced that the new song will replace the old one across all platforms over the next 3 days.

The song stars Sunny Leone and features Kanika Kapoor and Arindam Chakroborty.

Rohit Sharma joints metaverse with NFT collection

Rohit Sharma launches his personal non-fungible token (NFT) on digital collectables website FanCraze run by Faze Technologies. The memorabilia will be from some of his hundreds, the ICC Golden Bat from the 2019 ICC World Cup, or the ball used to pick his first IPL hat-trick for Deccan Chargers in 2009 against Mumbai Indians.

FanCraze has a three-year deal with the International Cricket Council (ICC) for the rights to its catalogue of video and audio clips, which goes back to 1975. It is creating NFTs linked to specific clips, which cricket fans will be able to buy in packs and trade on a secondary market.

Yuvraj Singh’s bat flies to space, becomes first minted NFT ever sent in Orbit

The NFT contains a 3D version of the cricketer along with his signed 1st-century bat to be made available for his fans. Furthermore, Colexion is creating a one-of-its-kind virtual NFT Museum for all the NFTs of Yuvraj where his fans can be a part of his life’s journey.

Colexion is a platform that allows fans to buy, trade, and sell unique digital collectibles in the form of non-fungible tokens (NFTs).

Feluda web series caught in legal battle over copyright infringement

SVF Entertainment moved the commercial court of Alipore challenging the production of Feluda series. SVF got an injunction in its favour till January 5th, 2022.

The injunction order restrains all three respondent parties from producing and exploiting any show on Feluda stories.

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