IPRMENTLAW WEEKLY HIGHLIGHTS (APRIL 18-24)

A recent advisory issued to private satellite TV channels by the Ministry of Information and Broadcasting to refrain from making false claims and using scandalous headlines

Union Ministry of Information and Broadcasting has issued an advisory to private TV news channels against making false claims and using scandalous headlines. The Ministry has called for adherence to the provisions of Section 20 of The Cable Television Networks (Regulation) Act, 1995 including to  the Programme Code laid down under it after finding that in the recent past several Satellite TV channels have carried out coverage of events and incidents in a manner which appears to be unauthentic, misleading, sensational and using socially unacceptable language and remarks, offending good taste and decency, and obscene and defamatory and having communal overtones. The advisory has cited the Ukraine-Russian conflict and the incidence in North-West Delhi in particular where TV news content and debates have been found in violation of Programme Code.

While in the case of reporting on Ukraine-Russia conflict the Ministry has found channels making scandalous headlines unrelated to the news item and journalists making unsubstantiated and fabricated claims and using hyperbole in order to incite audience, in case of Delhi violence, certain channels have aired news items with provocative headlines and videos of violence that may incite communal hatred among the communities and disrupt peace and law and order. The channels have further fabricated headlines giving communal colour to actions of authorities.

The Ministry has noted and also cautioned private TV channels against broadcasting debates having unparliamentary, provocative and socially unacceptable language, communal remarks and derogatory references which may have a negative psychological impact on viewers and may also incite communal disharmony and disturb the peace at large.

This is not the first time when it is done, earlier has done this under Uplinking/Downlinking Guidelines of 2005/2011 for adherence to the Programme Code read with The Cable Television Networks (Regulation) Act, 1995. This is done by virtue of Sub-section (2) of Section 20, which permits the Central Government to do it by order on the grounds of (i) sovereignty or integrity of India; or (ii) security of India; or (iii) friendly relations of India with any foreign State; or (iv) public order, decency or morality,” 

Another pertinent provision in this regard is sub-section (3) of Section 20 of the Act which (among other things) allows the Central Government if it “considers that any programme of any channel is not in conformity with the prescribed programme code referred to in section 5 or the prescribed advertisement code referred to in section 6, it may by order, regulate or prohibit the transmission or re-transmission of such program”.

Read advisory here.

Copyright infringement dispute over Sports Stock Exchange, Excuse22 wins over MyFab11 (see order here)

In a recent rift between Excuse22 and MyFab11, the former got an injunction against MyFab11 which was alleged to have launched a replica version of the exchange day before IPL 2022. Delhi High Court granted an ex parte ad interim injunction in favour of EXCHANGE 22, India’s 1st Sports Stock Exchange, a fantasy gaming app brand registered with Hulm Entertainment Pvt. Ltd The defendant’s version included exactly a similar gaming interface, front-end analytics gaming data, including player prices along with similar advertising and promotional strategies. Excuse22 is India’s first Sports Stock Exchange and gaming app. The domain registrar was also directed to suspend the domain name registration for myfab11.com.(You can also read LiveLaw’s short post on this.)

Police Case Against Diljit Dosanjh’s Live Concert At Lovely Professional University

A case is filed against Popular Indian singer Diljit Dosanjh under sections 336 (act endangering life or personal safety of others) and 188 (Disobedience to order duly promulgated by public servant) of the Indian Penal Code. the reasons are simple but may not be less serious – firstly, the Concert was allowed to run beyond its time limit. The other reason is that singer’s chopper’s pilot did not land on the helipad authorized and created by the administration. See here

Google Files For Trademark For ‘Pixel Watch

Given the impending launch of its device, Google is said to have filed for a trademark for ‘Pixel Watch’ which is intended to cover the categories of smartwatches; cases adapted for holding smartwatches; wearable computers in the nature of smartwatches; smartwatch straps; smartwatch bands. See here.

Jeh Wadia hands over the ‘Go’ trademark to Group 

Recently, Jeh Wadia, the former managing director of Go Airlines, is said to have handed over the usage of the trademark ‘Go’, back to Wadia Group. This was a part of a settlement between Jeh Wadia and Go Airlines which is set for the revival of the budget airline’s ₹3,600-crore fundraising plans through an initial public offer (IPO). Read here.

Snapdeal’s failed attempt to get relief in a trademark infringement case (see here)

Recently, Snapdeal filed a case in Delhi High Court alleging that third parties are appropriating its word/tread Snapdeal in their domain names and sought an injunction against the domain name registrars (DNRs) from offering for registration any domain name that included the thread/word  Snapdeal”. The Delhi High Court while refusing to grant such order that operates in the future, noted that doing it would be attributing the court a “clairvoyance that it does not possess” and “…There is no shortcut to justice.”.