IPRMENTLAW WEEKLY HIGHLIGHTS (October 23-29, 2023)

Delhi High Court Restrains Food Outlets Sandoz and Gola Sizzlers From Playing Copyright Music of PPL

Phonographic Performance Limited (PPL), a performance rights organization, had filed copyright infringement suits against certain food outlets for playing its sound recordings without a license.

The court held that a case for grant of ex-parte interim injunction was made out as the plaintiff was merely seeking an injunction against the defendants from playing recordings in which the plaintiff has copyright and which form of its repertoire, and held that the present ad interim order would only extend to such recordings no prejudice would ensue to the defendants, were ex parte interim orders to be passed to the said effect.

Read order here.

Producers Welcome CBFC’s Decision To Reverse Certification Of Hindi Dubbed Regional Films

The CBFC has issued a notification reversing a 2017 directive that required all applicants for certifying Hindi dubbed versions of regional language films to be submitted exclusively to the Mumbai office of CBFC.

Henceforth, the certification will take place at the office where the original film is certified. The decision will initially be effective for 6 months on a trial basis.

Indian Govt. To Introduce Stricter Ad Rules For Online Betting

To combat the increasing prevalence of online betting advertisements, the Indian government is set to introduce new regulations under the Information Technology Rules.

The new mandate is expected to be incorporated into the ‘Digital Media Ethics Code Rules’, which will mandate that advertisements should not go against the advertising code.

Previously, MIB had advised media entities, platforms, and online advertising intermediaries to avoid hosting advertisements or promotional content related to betting platforms. In February, the government banned 138 Chinese betting apps for violating Section 69 of the IT Act. Additionally, the Centre directed tech giants like Google to cease marketing ads for overseas online betting platforms such as Betway and 1xBet in India last year.

The Mahadev betting scam has recently come into the national spotlight, as the Enforcement Directorate (ED) has filed charges against its promoters and 12 others, with celebrities also under scrutiny.

‘Fact Finding Committee’ To Watch Controversial Film On Bhagwan Mahavir

Amid the allegation of the Mumbai’s Jain community that a film on Bhagwan Mahavir offends their religious sentiments, the Maharashtra State Human Rights Commission (MSHRC) has now ordered the formation of a fact finding committee.

The Hindi language feature film, 1080 Legacy of Mahaveer, based on the lives of Mahavir and Tirthankars or teachers of the Jain faith was slated for release on October 27. However, the launch has been indefinitely postponed owing to the controversy.

‘Varaharoopam’ Copyright Row : Kerala High Court Quashes Criminal Case Against ‘Kantara’ Makers Based On Settlement Between Parties

Justice P.V.Kunhikrishnan quashed all the criminal proceedings against the producer of the film, Vijay Kirgandur; director of the film, Rishabh Shetty; distributor of the film in Kerala, Prithviraj Sukumaran and composer of the song, Ajaneesh Loknath as all the disputes were settled between the parties based on a settlement agreement.

Legal Dispute Surrounding ‘Main Atal Hoon’ Biopic On Atal Bihari Vajpayee

The film, adapted from Ullekh NP’s book, has encountered challenges including profit sharing issues. The dispute is listed before the Bombay High Court.

Trademark Registry Can Send Documents Via Email

The Delhi High Court has held that where an applicant or opponent provides an e-mail ID, on which official communication are sent by the Registry of Trade Marks, in the application or notice of opposition constitutes an “address for service” within the meaning of Section 143 of the Trade Marks Act.

Justice Shankar said that the words “leaving them at” as employed in the provision have to be read expansively enough to cover service by e-mail ID provided by the applicant or the opponent in the application or notice of opposition.

However, Justice Shankar clarified that where no e-mail ID is provided, then sending documents by e-mail, even if it is sent to the e-mail ID of the party concerned, would not constitute service of documents.

Liking Obscene Post On Facebook Or X Not Offence But Sharing, Retweeting It Is An Offence

The Allahabad High Court said that merely liking an obscene post on Facebook or X (formerly Twitter) would not constitute an offence under Section 67 of the Information Technology Act (IT Act).

However, sharing or retweeting such a post would amount to “transmission” under Section 67 of the Information Technology (IT) Act thereby attracting penal consequences, the Court ruled.

Merely liking an offensive post would not amount to publishing or “transmitting” such material, Justice Arun Kumar Singh Deshwal explained further.

Finding no material to connect the accused with any objectionable post, the Court said no case was made out against him and consequently quashed the proceedings against him.

Lawsuit against Meta over features that harm teenagers

Forty-one states and the District of Columbia filed lawsuits against Meta on October 24, alleging that the company intentionally designed Facebook and Instagram with features that harm teens and young users.

Meta officials had internal research in March 2020 showing that Instagram – the social media platform most used by adolescents after TikTok – is harmful to teen girls’ body image and well-being. But the company swept those findings under the rug to continue conducting business as usual, according to a September 14, 2021, Wall Street Journal report.