Calcutta High Court directs removal of Dhruv Rathee’s REAL fruit juice video after non-compliance of the interim Order
The Calcutta High Court ordered the Youtuber Dhruv Rathee to remove and restrain the access of the video which made reference to the Dabur’s product ‘REAL’ fruit juice from all the URLs/Web links of social media platforms such as Facebook, Youtube, Instagram, etc.
The order has come in furtherance of the Court’s order dated March 15, 2023, wherein, the Court had ordered the removal of offending portions of the video, it continued to be aired and published in various digital platforms as it is.
The order of the Court dated March 24, 2023 can be accessed here.
Supreme Court dismissed the Petition seeking guidelines to protect research works from plagiarism
The Apex Court on Friday dismissed a petition seeking the protection of research done by scholars in the form of thesis to avoid its misuse or plagiarism. The writ petition was dismissed as the petitioner could not make out a case for interference. The petitioner, being a Ph.D holder in criminal psychology, sought from the Court to direct the Union Government to frame guidelines for protection of research done by these scholars in thesis is not misused.
NCLAT upholds fine imposed by Google by Competition Commission of India
The National Company Appellate Tribunal upheld the findings of the Competition Commission of India that Google abused its dominant position in the Android market. Google has been asked to pay a fine of $157 million in 30 days.
A legal notice has been served to Netflix over Madhuri Dixit comment in the show Big Bang Theory
The popular sitcom Big Bang Theory has been in news over its episodes wherein the actors Aishwarya Rai Bachchan and Madhuri Dixit were compared. The legal notice has been served to Netflix asking them to remove the first episode of season 2 of the show. The notice has been served by the political analyst, Mithun Vijay Kumar who stated that the comments were disrespectful and defamatory.
Delhi High Court says Registration of a Design can be a prima facie proof of validity
On March 14, 2023, the Delhi High Court provided three points on the issue of design infringement and piracy while dealing with the design infringement case of female urination device titled “Pee Buddy” which has been infringed by Defendant who manufactures and sells identical devices under the name “Namyaa”.
The points that came to light are that registration of the design stands as a factor in the registrant’s favour as prima facie evidence of the validity of the design, the essential point in a design infringement is not just for “look or appearance” but “utility.”
Gujarat High Court refuses relief for singer over copyright issue
The Gujarat High Court refused to grant any relief to the famous Gujarati singer, Kinjal Dave which refused to interfere with the lower Court’s order of staying her from signing her popular song ‘Char bangadi wali gaadi’. The lower Court granted the stay due to the copyright dispute with a music management company, which claimed ownership over the song and alleged infringement of its copyright.
The Ministry of Information and Broadcasting has refused to change its stand on up-linking and downlinking of satellite TV channels
The government has issued a clarification on policy guidelines for up-linking and downlinking of satellite TV channels after the stakeholders sought clarification on Clause 11(3)(f). The Ministry of Information and Broadcasting has refused to change its stance with regard to the said clause of the Policy Guidelines that talks about a company sharing Satellite TV Channel signal reception decoders.
Sales Tax Department, Mumbai informs Bombay High Court that Anushka Sharma is the first owner of the copyright in every artistic performance
In the petitions filed by the actor, Anushka Sharma, challenging the orders passed by the Deputy Commissioner of Sales Tax raising dues for assessment years 2012-13 and 2013-14 under the Maharashtra Value Added Tax Act, the Joint Commissioner of Sales Tax, in his reply, has informed the Court that the actor is the first owner of the copyright in every artistic performance she receives consideration for. Sharma’s petitions stated that the assessing officer has wrongly levied sales tax on the consideration received by her for endorsements and anchoring at award functions.
Madras High Court dismisses PIL seeking action against Director Mani Ratnam for allegedly distorting history in Ponniyin Selvan
Recently, the Madras High Court dismissed a PIL which sought action against the director Mani Ratnam for allegedly distorting facts and portraying wrong history of the Chola empire in his movie Ponniyin Selvan: I. The petitioner stated that the distortion happened for commercial purposes and to intentionally defame the history. The plea was dismissed on the grounds that the movie was based on the novels authored by Kalki and not on actual historical characters.
Delhi High Court held that standard essential patent owners can pray for interim and final injunctive relief if the infringer is deemed to be an ‘unwilling licensee’
The Delhi High Court opined that the national boundaries have been blurred by the new technology and the international trade and infringement has also gained boost leading to the world gaining a global doctrinal interdependence. Thus, referring to foreign Court’s decisions is an effective and practical way of facilitating harmonization of basic principles of laws, when they aren’t contrary to the national laws.
The observation has come in the light of the appeal filed by Intex Technologies (India) Limited against the Single Judge’s order which held that Ericsson’s eight suit patents prima facie valid and further ruled that Intex has prima facie infringed Telefonaktiebolaget LM Ericsson’s patent. Intex claimed that the concept of Standard Essential Patent is not a part of Indian law and since the Standard Setting Organizations do not check which patents are actually essential, the declarants need not provide any proof of essentiality, the patents in question cannot be presumed to be standard or essential.
Ericsson argued that Intex had acknowledged Ericsson’s patent to be a Standard Essential Patent and a license from Ericsson was required to be taken by Intex. The Court observed that the Standard Essential Patents although do not form a part of the Indian laws, however, have been recognized by the courts time and again for adjudication of claims of infringement, security and damages.
The judgement of the Court dated March 29, 2023 can be accessed here.
Bombay High Court held that a dispute over a Facebook group is not a Trademark dispute
The Bombay High Court held that a dispute over the ownership of a Facebook group is not a trademark dispute and can be decided by a Civil Court. The suit was filed by The Himalayan Club against Kanwar B. Singh seeking declaration that the disputed Facebook Group is owned by it and has the exclusive rights to manage the group and sought injunction against Singh.
The judgement of the Court dated March 24, 2023 can be accessed here.