Punjab and Haryana High Court quashes notice allowing playing of songs without license from copyright owner during weddings [Novex Communications Private Limited v. Union of India & Anr.]
Recently, a single judge bench of the Punjab and Haryana High Court quashed a public notice allowing sound recordings to be played without obtaining a license from the copyright owner during any religious ceremonies or wedding processions. The said notice was issued by the Registrar of Copyrights. While quashing the notice, Justice Raj Mohan Singh stated that a notice granting a general exemption violates the protection granted by the Copyright Act, 1957 to the owners of Copyright.
Read order here.
Ajay Devgn’s name cleared from ‘De De Pyaar De’ false advertisement case
A case was filed in the Ajmer consumer court in 2019, by Tarun Aggarwal, a resident of Ajmer against Ajay Devgn in relation to his film ‘De De Pyaar De’. The complaint said that the stunt scene which was demonstrated in the film’s poster but the same was not performed in the film. The complainant said this lead to false advertisement and claimed a compensation of Rs. 4 lakh 51 thousand for bearing the cost of litigation. After receiving the notice, Ajay Devgn through his lawyers requested his name to be removed from the complaint. It was argued on behalf of Ajay Devgn that since he only acted in the film, he cannot be held responsible for the promotion of the film. The Court accepted the actor’s request and asked his name to be removed from the complaint. The bench said that “an actor has nothing to do with hoardings, posters or deciding on the parts to be edited out of a film”.
Delhi High Court rules that Titles of films are capable of being protected under the Trademark Law
The Delhi High Court in Sholay Media Entertainment and Anr. v. Yogesh Patel and Ors. faced the issue that whether a title of a film can be protected under Trademark Law. While deciding this issue, the Hon’ble Delhi High Court rejected the contention that the titles of films cannot be registered under Trademark Law. It further held that the word ‘SHOLAY’ being the ‘title of an iconic film cannot be held to be a mark devoid of protection.’
The Court added that “titles and films are capable of being recognized under trademark law and in India ‘SHOLAY’ would be a classic example of such a case.”
Read order here.
Delhi High Court restrains two journalists from using ‘CNN’ mark on social media, TV
Recently, the Delhi High Court granted a permanent injunction in favour Cable News Network (CNN) restraining two journalists from using the mark CNN for their news service on social media platforms and TV. The Court further said that the use of the said mark was done because the journalists were aware of the reputation and goodwill of the said mark.
Delhi High Court grants Ex-Parte Ad Interim Injunction against Rogue Website
The Delhi High Court granted an ex-parte ad interim injunction against rogue website who was using a deceptively similar domain name to Hindustan Times, a registered trademark of HT Media Limited, a company which runs news publications in numerous languages across India. The Hon’ble High Court also restrained the website from publishing any content including articles, stories, columns, reviews, etc. being a violation of copyright owned by HT Media Limited.
Coke Studio vs Cook Studio: Delhi High Court refers Trademark suit seeking declaration of non-infringement to Mediation
A suit has been filed by one Nikhil Chawla, proprietor of the firm trading as ‘The Chawla Group’ and is stated to be running a popular online platform called ‘COOK STUDIO’ which engages in blogging and production of video films relating to cooking. The said suit sought declaration of non-infringement of the registered trademark ‘COKE STUDIO’, a music platform. The Hon’ble Delhi High Court issued notice in the said suit and noted that the parties involved are trying to resolve the dispute amicably through mediation.
Bengaluru Police registers FIR against rogue digital platforms involved in content piracy
Bengaluru Police recently filed FIR against rogue digital platforms namely, TamilMV, TamilBlasters. Tamilrockers, and a third party rogue app Pikashow TV following a complaint that has been filed by Disney Star. The said FIR has been registered under Section 420 of the Indian Penal Code, Section 63 and 65 of the Copyright Act and Section 66 of the Information Technology Act.
A seven member committee has been set up by the Government of India to Regulate Online Gaming Industry
A seven member committee has been set up by the Government of India that will oversee and regulate the gaming industry in the country. The said committee will look into ways to promote online gaming and to frame regulatory mechanisms for the segment, protection of gamers, among various other things. This decision has been appreciated by various organizations for instance, The Federation of Indian Fantasy Sports (FIFS).
