IPRMENTLAW WEEKLY HIGHLIGHTS (Jan 17-23)

HT Media’s SHINE Trademark gets protection from unauthorized use

The Delhi High Court restrained 8 rogue websites/entities from unauthorizedly using the trademark ‘SHINE’, ‘shine learning’ and copyright of the website belonging to HT Media. The order came from the plea filed by the company alleging targeting of innocent people by these rogue entities.

Justice Yogesh Khanna passed an interim order, ordering the operator of email service ‘Gmail’ to provide information related to rogue defendant’s email IDs and shut the impugned IDs until next hearing. The Department of Telecommunications and Ministry of Electronics to issue notification qua various internet/telecom service providers to block access of the website. Further, the Cyber Crime Cell and Economic Offences Wing, Delhi Police was ordered to reveal user details of the rogue defendants.

The order of the Court dated 13th January 2022 can be accessed here.

Maharashtra Govt. to take a stand on game of skill or gamble debate of online poker

The Aurangabad Bench of Bombay High Court has asked the Maharashtra Government to explain its stand on the legality of the poker game, both online and offline. Gambling is considered illegal as per the Bombay Prevention of Gambling Act, 1959 and the authorities are required to take action against the agencies promoting gambling.

This response has been sought while hearing of a petition filed by social activist, Munawar Ahmed, seeking restraint on ‘illegal activities’ which are contrary to larger public interest.

Zee Tamil issued show cause notice by Information & Broadcast Ministry

The BJP unit of Tamil Nadu has raised a complaint with Zee Tamil over the telecast of a children’s show which showcased satirical remarks over the policies and reforms executed by the Prime Minister. The complaint remarked the comments made in the reality show as ‘obnoxious’ and wanted it to be taken off-air.

The television programme presented a skit drawing a parallel between a king who lived a luxurious life despite the crisis and famine in his country to the policy reforms brought in under the tenure of the PM such as demonetization and disinvestment.

As per the procedure laid in the grievance redressal mechanism, the complaint was sent to the channel and the I&B Ministry. Accordingly, the Ministry issued a show cause notice to the channel to provide their comments within a period of 7 days, failure of which would lead to further action.

Kerala Police grants a clean chit to Churuli

Kerala Police has given a clean chit to the film, Churuli. This development comes in after the Kerala High Court’s order to the Police to assess the language of the film. The Police committee reviewed the scroll and the report stated that the language and the dialogues were relevant to the film’s story and context and formed a part of the artist’s freedom of speech and expression.

The High Court was hearing the petition, filed by a lawyer, seeking to remove the film from Sony LIV, where the film was being broadcasted. The Court had termed the language of the movie as “cruel” and accordingly issued notices to the Central Board of Film Certification, Sony Pictures and producers of the movie.

Actor Poonam Pandey gets interim protection from arrest

Bollywood actor Poonam Pandey gets a breather from the Supreme Court of India when the apex court reversed the order of the Bombay High Court and granted her an interim protection from arrest in the pornography case, also involving businessman Raj Kundra.

The actor claimed to have assisted the police during the entire investigation by providing them necessary information. Further, there was no prima facie case made out against her. Her plea called her a victim and not an accused.

The matter arises out of a complaint lodged against Raj Kundra, Poonam Pandey, Sherlyn Chopra and various others for broadcasting indecent video and audio files containing lustful, offensive sexual content. The complaint was filed under Section 292 of the IPC, Sections 67 and 67A of the Information Technology Act, 2000 and under Sections 3 and 4 of Indecent Women Representation Act, 1986.

Delhi High Court refuses to stay “Legends League Cricket” tournament, observes that there can be no copyright over cricket

The Delhi High Court has observed that no one can claim copyright over the game of cricket and evolution on the evolution of the 5-days Test match format to the T-20 cricket.

The Single Judge Bench headed by Justice Asha Menon refused to stay the staging of the upcoming cricket league called Legends League Cricket tournament. However, the league organizers were directed to maintain clear accounts of their expenditure and earnings with respect to the matches.

The case arose out of a complaint filed by the Plaintiff stating that he had discussed the idea of the format of the tournament having retired players play for 10 overs which was stolen by the Defendant when they adopted this format for the league.

The order of the Court dated 19th January, 2022 can be accessed here.

Supreme Court refused to censor Kangana Ranaut’s social media posts

The Apex Court of the country has refused to censor the social media posts of Bollywood Actor Kangana Ranaut and the clubbing of FIRs against her for her statements against the Sikh Community. However, the Court has allowed the Mumbai Police to continue with the probe.

A Public Interest Litigation was filed before the Supreme Court seeking censorship over the future posts made by the actress in order to maintain law and order in the country. Further, the plea has sought direction to transfer all the FIRs filed against the actor for her remarks on the farmers’ protest to the Khar Police Station, Mumbai.

AICWA, Congress seeks ban of the movie ‘Why I Killed Gandhi’

All India Cine Workers Association (AICWA) has written to the Prime Minister demanding a complete ban on the movie ‘Why I Killed Gandhi’, based on the statements given by Nathuram Godse, during his trial for killing Mahatma Gandhi in 1948.

Further, even the Congress Party will be requesting Maharashtra’s Chief Minister to ban the movie. The requests are being made to ensure that Godse is not glorified in any manner for the act he committed. The movie is slated to release on an OTT platform on 30th January, Gandhi’s death anniversary.

INTERNATIONAL

Walmart getting prepared to enter Metaverse

The retail outlet company, Walmart Inc. is working to create its own cryptocurrency and collection of non-fungible tokens (NFTs) along with several filings with the U.S. Patent and Trademark Office to be prepared to welcome its customers in the upcoming metaverse.

The trademark filings show the intent of the outlet to sell virtual goods such as electronics, décor, toys, sporting goods and other products related to personal-care. The process adopted by the retail giant shows the steps for the participation in the new digital world.

Coinbase and MasterCard come together to facilitate transactions in NFT marketplace

Coinbase, a cryptocurrency exchange, is getting into a partnership with MasterCard to allow card payments in its upcoming NFT marketplace. This collaboration will assist the consumers in directly purchasing the NFTs through their credit or debit cards without having to buy any cryptocurrency.

The partnership has the objective to make the NFTs more accessible to the general public by decreasing the hassle of purchasing cryptocurrency, its addition to a secure wallet and the connection of the wallet with the marketplace. The venture will also support the creators by providing them an easy route of commerce.

 

Youtube shuts down its Originals Division

YouTube is getting out of the business of originals. The Google-owned video giant said it is winding down its original productions team after more than six years. In its official statement YT clarified that the platform will meet its commitments for shows which have already been contracted by it. YouTube Originals was conceived in 2016 in a bid to ride the wave of OTT streaming. It was a division within YouTube dedicated to new programming headed by Susanne Daniels.