IPRMENTLAW WEEKLY HIGHLIGHTS (NOVEMBER 13-19, 2023)

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Delhi High Court directs ShareChat and Moj to remove from their libraries the content in which copyright is owned by ZEE

In an order dated November 1, 2023, the Delhi High Court ordered ShareChat and MojApp to remove 134 film clips and recordings in which the copyright is owned by Zee Entertainment Enterprises from their libraries. This occurred during a copyright dispute between Zee and Mohalla Tech, the parent company of social media platform ShareChat and short video platform Moj, in which Zee requested that the content in which it owns the copyright be removed from the content libraries of ShareChat and Moj. Zee’s content must be removed from ShareChat and Moj’s libraries by February 4, 2024 (the next date of the case’s hearing). The court has also stated that the defendant is not barred from using cover versions, remixes, or user-generated content.

Delhi High Court recently directed Acko General Insurance to take down social media posts which used St+art India’s Humanity Mural

In the case ST+ART India Foundation and Anr. v. ACKO General Insurance, the Delhi High Court observed and directed the insurance company Acko General Insurance to remove social media posts featuring a mural titled ‘Humanity’ in the suit filed for copyright infringement by St+ART India, an organization that works on art projects in public spaces. In the case, the bench led by Justice Prathiba M Singh observed and directed that the Defendant remove the aforementioned listings within 72 hours. Thus, the Plaintiffs may communicate to the Defendant the specific URLs wherein the said mural is displayed on the Defendant’s posts, if any.

Delhi High Court grants injunction in favour of Mr. Reddy observing that every doctor cannot be expected to know the difference between ‘Aziwok’ and ‘Aziwake’

The Delhi High Court recently granted an injunction in favor of Dr. Reddy’s-AZIWOK against defendant’s AZIWAKE, noting that the minuscule difference between the two words was too slight to detract from their overall phonetic similarity. “To the ear of the consumer of average intelligence and imperfect recollection, it is, therefore, clear that the words “AZIWOK” and “AZIWAKE” are phonetically deceptively similar,” the court said.

In a trademark infringement suit, the Delhi High Court has restrained a Kerala based furniture store from using the trademark ‘IKEA’

The Delhi High Court has injuncted a Kerala-based furniture store called “Ikea Luxury Furniture” from using the word “Ikea” as a trademark or trade name on hoardings, stationery, banners, handbills, and promotional materials. Justice Prathiba M Singh was hearing a trademark infringement case filed by Inter IKEA Systems BV, a multinational furniture company.

Bombay High Court refuses to stay the release of The Railway Men

In a recent development, the Bombay High Court, via a vacation bench led by a single judge Justice Arif Doctor, declined to stay the release of the Hindi web series “The Railway Men – The Untold Story of Bhopal 1984,” which is scheduled for November 18, 2023. The court upheld the previous decisions of the Mumbai city civil court rejecting a stay on the series. Two former Union Carbide India Limited (UCIL) employees convicted in connection with the 1984 Bhopal gas leak incident had filed appeals against the Mumbai court’s rulings. They requested a stay, claiming that the web series would be detrimental to any legal proceedings challenging their conviction.

The High Court rejected this argument, pointing out that the producers, Yash Raj Films, had announced the web series’ release date as early as November 25, 2022. It also stated that the series would include a disclaimer stating that it was a “work of fiction” inspired by true events.

Punjab and Haryana High Court has stayed the proceedings against the makers of Yaariyan – 2

The Punjab and Haryana High Court has stayed proceedings in connection with FIRs filed under Section 295-A of the Indian Penal Code against Producer and MD of T-Series Bhushan Kumar, Directors Radhika Rao, Vinay Sapru, and Actor Meezaan Jafri for allegedly hurting the religious sentiments of the Sikh community.

Producers of the movie ‘Aankh Micholi’ and CBFC had been served with a notice over the movie’s content mocking disabilities

The court of the chief commissioner for persons with disabilities (CCPD) has issued a notice to the film producers and the Central Board of Film Certification (CBFC) seeking a response on the content of the Hindi film ‘Aankh Micholi’ that mocks various types of disabilities. Disability rights activists have expressed concern about the plot of the comedy film, which was released earlier this month.

Ministry of Information and Broadcasting asked three OTT platforms to remove ‘obscene’ content

The Ministry of Information and Technology has pulled by three OTT platforms, namely, Hunters, Besharams and Prime Play for hosting obscene content and have ordered the said platforms to take down such content or face action in this regard. According to authorities, various web-series on these platforms were evaluated, and the content was judged to be prima facie obscene and borderline sexual. As a result, in the last week of October, notices were issued for violations of the IT Rules, 2021, and other laws related to obscenity and vulgarity, including Sections 67 (publishing or transmitting obscene material) and 67A (publishing or transmitting material containing sexually explicit act) of the IT Act, 2000. Five days were provided to the platforms to guarantee compliance.

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