IPRMENTLAW WEEKLY HIGHLIGHTS (MAY 2-8)

Supreme Court allows OTT release of Amitabh Bachchan’s Jhund

Bench of Justices Indira Banerjee and A S Bopanna of the Supreme Court stayed the order of the Telangana High Court which had restricted release of the film.

The Bench held that the High Court had overlooked the principles concerning the grant of interim relief in such matters and said that prima facie, the impugned order was against the balance of convenience.

Supreme Court SLP details: SLP(C) No. 8383/2022

Read the High Court order here

Delhi High Court restrains website from using trademark of Hindustan Times

The Delhi High Court restrained a website by the name ‘Hindustan Times Marathi’ from using a logo, mark or domain name that was deceptively similar to that of Hindustan Times.

The Court said that a prima facie case was made out in favour of ex parte ad-interim injunction and the balance of convenience was also in favour of the plaintiff. The Court also directed that the website ‘www.hindustantimesmarathi.com’ be suspended and/ or blocked by internet service providers.

The Court has issued summons to the defendants asking them to file its response within a month, the case will now be heard on August 25th.

Case details: CS(COMM) 249/2022

Amazon Prime Video launches TVOD service

Prime Video has rolled out a TVOD service that allows users to rent a film instead of purchasing a subscription plan.

Read more about it here.

Universal City Studios Llc & Ors  Vs Vegamovies.Run & Ors: Delhi High Court grants dynamic injunction against rogue websites in favour of Universal City Studios

The Delhi High Court granted an ex-parte injunction in a suit filed by Universal City Studios and others against several rogue websites such as vegamovies.run and others. The Court relied on the UTV Software Communication Ltd case to be freed from constant monitoring and adjudicating the issues of mirror/redirect/alphanumeric websites and  directed that as and when the Plaintiffs file an application under Order 1 Rule 10 CPC for impleadment of such websites, Plaintiffs shall file an affidavit confirming that the newly impleaded website is a mirror/redirect/alphanumeric website which appears to be associated with any of the Defendant Websites based on its name, branding or the identity of its operator, or has been discovered to provide additional means of accessing the Defendant Websites and other domains/domain along with their subdomains and subdirectories, owners/website operators/entities which are discovered to have been engaging in infringing the Plaintiffs’ exclusive rights, with sufficient supporting evidence. Such application shall be listed before the Joint Registrar, who on being satisfied with the material placed on record, shall issue appropriate directions to the ISPs.

Case details: CS(COMM) 265/2022

Read order: here

Facebook tells Delhi HC Article 19 cannot be invoked against them

Social media company Meta Platforms, Inc the parent organisation of Instagram and Facebook  told the Delhi High Court that the rights under Article 19 (free speech) of the Constitution of India cannot be invoked against it by a user and that it is a private entity which does not discharge a public function. In its affidavit filed, Meta contended that it is not obligated to carry out a public duty and when action is taken against a user in accordance with the private contract between them, it results in a contractual dispute between two private parties.

Read more here

Gujarat High Court quashes criminal proceedings against SRK over ‘Raees’ promotion incident in 2017

The Gujarat High Court has quashed a 2017 criminal case against him in connection with the stampede at the railway station in Vadodara during a train trip to promote his film ‘Raees’.
The case was registered for allegedly committing acts endangering the life or personal safety of others after a man suffered a heart attack at the Vadodara railway station during the ‘Raees’ promotion event.