IPRMENTLAW WEEKLY HIGHLIGHTS (DECEMBER 12-18)

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‘Thank God’ makers settle dispute after Bombay High Court refused to stay release

Azure Entertainment had filed a suit against Maruti International for claiming payment due on the part of Maruti. Azure and Maruti entered co-production arrangement to produce the Ajay Devgn starrer Thank God. Maruti had committed to pay Rs. 4.50 crore to Azure prior to the release of the domestic theatrical prints of the film.

Eventually, the dispute got settled at Rs. 3.75 crore which the Defendants are liable to pay to the Plaintiff. The Bombay High Court recorded the settlement and specified that any default in payment would lead to the Defendants liability to pay Rs. 4.50 crores with interest.

Centre bans Pakistan-based OTT platform Vidly TV for anti-India web series

The Ministry of Information & Broadcasting, under the IT Rules, 2021, blocked the website, mobile applications, social media accounts, smart TV app of the Pakistan-based OTT Platform Vidly TV for showing Anti-India content in its recently released web series “Sevak: The Confessions”. The series has depicted scenes of Ashok Chakra of the Indian Flag being set ablaze and shows a distorted version of sensitive historical events pertaining to India.

Delhi High Court directs TRAI to expedite the regulatory framework for OTT services

The Delhi High Court has directed Telecom Regulatory Authority of India (TRAI) to expedite the consultations with stakeholders for giving its recommendations to the union government on the proposed regulatory framework for OTT services like WhatsApp and Facebook Messenger.

The direction comes in light of the plea moved by World Phone Internet Services Pvt. Ltd. alleging that they are made to pay license fees for internet services, however, WhatsApp and Facebook Messenger are not regulated and thus, arent liable to pay any amount to the government.

The order of the Court can be accessed here.

Nora Fatehi files a suit of defamation against Jacqueline Fernandez

Actor-Dancer Nora Fatehi has filed a suit of Rs 200 crore for defamation against Jacqueline Fernandez who has been accused of making ‘false statements with malicious intention’. The suit is in relation to the 200 crores money laundering case related to the conman Sukesh Chandrasekhar.

Calcutta High Court dismisses PIL against the show “Koffee with Karan”

The Calcutta High Court dismissed a public interest litigation (PIL) filed against the talk show “Koffee with Karan” claiming that the show contains vulgar language and promotes racism and obscenity. The Division Bench of the High Court noted that the petition was filed solely with the intent to garner publicity and, therefore, holds no ground.

The Order of the Court can be accessed here.

Advocate writes to Ministry of Information & Broadcasting against the SRK-Deepika Padukone starrer song “Besharam Rang”

Amidst the controversy surrounding the song Besharam Rang from the movie Pathaan, an Advocate has written to MeitY seeking a ban of the song. The complianant has alleged that the song is vulgar, obscene and hurts Hindu sentiments as Deepika is shown wearing a saffron colored bikini. A Mahant from Ayodhya has appealed to the public to boycott the movie and set fire on screens which screen the movie.

Delhi High Court restrains the use of “Whitehat Sr” in a trademark infringement suit

In a suit filed by Whitehat Education Technology Private Limited, the Delhi High Court has restrained a digital marketing service provider from using the mark “Whitehat Sr” as it is an infringement of Byju’s “Whitehat Jr”. The plaintiff’s mark was registered in May, 2018 and has acquired the status of well-known owing to the exclusive and extensive use.

The Order of the Court can be accessed here.

Karnataka High Court stays investigation against Rahul Gandhi and others in the copyright infringement case

As a relief for Rahul Gandhi, Jairam Ramesh and Supriya Shrinate, the Karnataka High Court stays investigation against the accused in a copyright infringement case filed by the MRT Music over the use of the song from the movie “KGF Chapter 2” during the Congress party’s Bharat Jodo Yatra. The order was passed when the accused’s counsel informed the Court that the infringing videos have been taken down from all social media channels.

Bombay High Court restrains Mumbai Khadi and Village Industries Association from using the mark/logo “KHADI”

The Bombay High Court, in a suit filed by the Khadi and Village Industries Commission, restrained the Defendants from using the mark/logo “KHADI”. The plaint stated that the Defendant has been using the impugned marks consisting of the work “KHADI” and the depiction of the “CHARKHA” logo.

Delhi High Court grants permanent injunction and an award of Rs. 20 lakhs in favour of Microsoft Corporation

In a 20-years long litigation, the Delhi High Court passed an award of Rs. 20 lakhs and permanent injunction in favour of Microsoft Corporation in a suit for copyright infringement for its products Microsoft Windows, Microsoft Office and Windows Server.

The Court in 2010 had granted an ad-interim ex-parte order of injunction in favour of Plaintiffs and against the Defendants, restraining them from infringing the Plaintiff’s software program.

The Order of the Court can be accessed here.

US Court dismisses copyright infringement case against Taylor Swift

A US Court has dismissed a suit filed by songwriters Sean Hall and Nate Butler against the pop star Taylor Swift for allegedly stealing lyrics for her hit song Shake It Off. A trade publication had reported that the parties have reached an agreement and asked jointly for the case to be dismissed.

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