IPRMENTLAW WEEKLY HIGHLIGHTS (JUNE 19-25, 2023)

Delhi High Court refuses listing of plea for Adipurush Ban

The Delhi High Court refused to list the plea filed by the Hindu Sena against the movie Adipurush for hurting Hindu sentiments by allegedly mocking the epic Ramayan, Lord Ram and the Indian culture. The Court refused the listing of the PIL on the grounds that there was no urgency in this matter and relisted the matter on June 30, 2023.

Plea filed before Madras High Court to ban Udhayanidhi Stalin’s Maamannan

A plea has been filed before the Madras High Court by Rama Saravanan, film producer, against the Tamil actor Udhayanidhi Stalin’s movie Maamannan, seeking a ban on the release of the movie.

The petitioner has demanded Rs. 25 crores from the actor as per compensation. The petitioner has claimed that the shoot of the film has been completed 80%, however, Stalin is not providing dates to complete the pending 20% and has breached the contract.

Madras High Court dismissed the suit claiming the movie Enthiran an infringing copy of story published in 1996

The Madras High Court dismissed a civil suit claiming that the story of the movie Enthiran was based on a story originally written by the writer Aarur Tamilnadan under the title “Jugiba”. The petitioner claimed consequential injunction restraining the Defendants from distributing or screening the film.

The petitioner claimed that the story about the humanoid robot was published in the Tamil monthly magazine “Iniya Udayam” in 1996. The petitioner has sought damages to the tune of one crore rupees.

Goan Cashew and Indi 2nd India lime variety earn GI tag

The State Government announced the grant of GI tag for Goan cashew (nuts and apple). The announcement has been made by the Director of Industries, Trade and Commerce Swetika Sachan.

The Indi lime belonging to Kagzi variety has earned a geographical tag for 8 years from the Union government. After the Assam lime, this is the second lime to be accorded this recognition.

Bombay High Court criticizes Registrar of Trademark for rejecting application without considering reply

A single-judge bench of the Bombay High Court criticized the Registrar of Trademarks and Senior Examiner for rejecting a trademark application without considering the reply. The High Court was filed hearing an appeal filed by “I Am Ocean LLC”. The Order was passed in August 2021 and the application was rejected on the grounds for being similar to another mark.

Calcutta High Court to hear PIL seeking ban on screening of Adipurush

On June 27, the Calcutta High Court to hear PIL seeking ban on the screening of Adipurush in the state. The PIL states that the events depicted in the movie have been distorted.

Complaint filed against Adipurush director, producers and case before the Mumbai Police Commissioner for registration of FIR

The Mumbai Police Commissioner filed an FIR against the movie makers under sections 295(A), 298, 500, 34 of the Indian Penal Code against the cast, director and producer of the film Adipurush.  In the complaint, the CBFC was called negligent in giving the certificate for the film’s presentation.

Amazon being sued for tricking people into getting Prime membership

The US Federal Trade Commission has filed a complaint against Amazon, accusing that the e-commerce is deceiving millions of customers into enrolling them to Prime membership without their consent and making it difficult to cancel their subscription.

US. patent body denies trademark rights over ‘ARCHETYPES’ to Meghan and Harry

The Duke and Duchess of Sussex have been denied trademark for their Spotify podcast, ARCHETYPES on the grounds of likelihood and confusion with an existing bran. The application was filed in March 2022 by Archewell Audio in several categories like “downloadable audio recordings and podcasts,” for anything pertaining to the “cultural treatment of women and stereotypes facing women.”

Apple may need to change its logo

Apple is attempting to gain IP rights to images of actual apples in Switzerland. If the US tech giant is successful in its attempt, it will result in Fruit Union Suisse to lose its logo. Fruit Union Suisse is a 111-year old Swiss association that promotes the interests of Swiss fruit growers. Its logo has a full red apple with a white cross on it.

Skechers accuses Steve Madden of copying its ‘S’ mark on sneaker

Skechers has filed a suit before the California District court against Steve Madden’s “Kennie” sneaker which showcases a mark shaped like an “S” that is “confusingly similar” to the mark Skechers used on its own shoes. Skechers owns more than 40 trademarks pertaining to the “S” mark.

HERMES wins permanent ban on ‘MetaBirkin’ NFT sales in US lawsuit

A Manhattan federal judge granted Hermes’ request to permanently block artist Mason Rothschild’s sales of “MetaBirkin” non-fungible tokens following a jury’s verdict that they violated the French luxury house’s trademark rights in its famed Birkin handbags.