IPRMENTLAW WEEKLY HIGHLIGHTS (APRIL 15-21, 2024)

Police complaint lodged against Thalapathy Vijay’s ‘Whistle Podu’ song from the ‘GOAT’ 

Thalapathy Vijay’s new movie, ‘The Greatest Of All Time’, recently released a song, ‘Whistle Podu’, featuring Vijay, Prabhu Deva, and Prashanth. ‘Whistle Podu’ has lyrics by Madhan Karky and choreography by Raju Sundaram. However, there’s been a complaint about the song. Reports say that a social activist lodged an online complaint to the DGP office saying that disclaimer cards haven’t been added during the drinking or smoking scenes in the song. The complaint also states that the song promotes drug addiction and rowdyism among the youth. It demanded an action against Thalapathy Vijay. The makers are yet to respond to this issue. ‘GOAT’ is directed by Venkat Prabhu and produced by AGS Entertainment. 

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YouTube takes action against ad-blocking apps, urges users to go Premium

YouTube recently came down upon third-party applications that let users skip ads. It said that it’d take “appropriate action” against such apps as it amounts to violating its API services’ terms of service. They urge users to switch to YouTube Premium for an ad-free experience. This move aims to support creators and maintain a fair compensation system. YouTube emphasizes the importance of ads in providing free content worldwide. They stress that third-party apps must adhere to their terms to access their API. This effort reflects YouTube’s commitment to creators and quality content. This action aligns with a global initiative announced in November. YouTube reaffirmed its commitment to enforcing its terms of service and highlighted the negative impact of ad-blocking apps on creators’ ability to earn from their content. This announcement reflects YouTube’s ongoing efforts to support creators and provide quality content to its global audience. While features like Super Chat and channel memberships contribute to creators’ earnings, the main revenue sources remain advertisements and YouTube Premium subscriptions. According to its Community Guidelines Enforcement report for October to December 2023, India leads in video takedowns, with 2,254,902 videos removed globally.

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Bombay High Court Dismisses Ramesh Sippy’s (Director of Sholay) Claim for Rights in Property and Film Shares 

In the case of Ramesh Sippy v. Sunhil Sippy, the Bombay High Court rejected filmmaker Ramesh Sippy’s plea for the appointment of a court-appointed receiver in an ongoing property dispute related to the inheritance of assets belonging to Sippy’s late parents.

Ramesh Sippy, renowned for directing “Sholay,” filed an interim plea seeking the appointment of a receiver to temporarily control a flat and 27 cinematograph films that he claimed fell intestate upon his parents’ demise. However, Justice Manish Pitale, presiding over the case, found insufficient evidence to support Sippy’s assertions regarding the alleged illegal utilization of these assets by Sippy Films Pvt. Ltd. and its directors. The court also noted that legal heirs of Sippy’s siblings and the company itself had been asserting ownership rights over the 27 films for a significant period.

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Kerala High Court Urges Ministry Action on Bigg Boss Malayalam Season 6 Violations 

The Kerala High Court has directed the Ministry of Information and Broadcasting to promptly address breaches of its advisories related to the popular reality show, Bigg Boss Malayalam Season 6. The instruction, in response to a petition filed by Advocate Adarsh S, came from a division bench led by Justices A Muhamed Mustaque and MA Abdul Hakhim on April 11. The petition alleged that the show had violated broadcasting regulations, particularly concerning the portrayal of physical assaults. 

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Madras High Court Addresses Statements by R. Ilaiyaraaja’s Counsel that Illayraja was above everybody except God 

During proceedings on Wednesday, April 17, 2024, at the Madras High Court, Justice R. Mahadevan, remarked, “The musical trinity, Muthuswami Deekshitar, Tyagarajar, and Syama Sastri can claim to be above everybody but you (the renowned composer R. Ilaiyaraaja) cannot be heard to say so.” Presiding alongside Justice Mohammed Shaffiq, the senior judge recalled a previous hearing on April 10, 2024, where senior counsel Satish Parasaran, representing Mr. Ilaiyaraaja, had responded that his client was below only God and above everyone else. In clarification, Ilaiyaraaja’s counsel-on-record A. Saravanan explained that the statement was made in the context of copyright, asserting Mr. Ilaiyaraaja’s rights over his compositions, particularly since Echo Recording Private Limited had contested these rights. Saravanan emphasized that the composer never proclaims himself in such a manner and sought an adjournment due to the senior counsel’s unavailability. The judges granted the adjournment. The matter is regarding an appeal filed by Echo Recording challenging a single judge’s 2019 order recognizing the Ilaiyaraaja’s special moral rights over 4,500 songs composed for over 1,000 films from the 1970s to the 1990s to April 24.

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Enforcement Directorate to Attach Assets of Raj Kundra and Shilpa Shetty Worth Rs 97 Crore 

In a recent statement, the Enforcement Directorate (ED) announced its intention to provisionally attach immovable and movable assets belonging to Ripu Sudan Kundra, popularly known as Raj Kundra, and his wife Shilpa Shetty, totaling around INR 97 Crores. The agency stated the provisions of the Prevention of Money Laundering Act (PMLA), 2002, to cite its power to take this action.

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Trademark Dispute Unfolds in Bombay High Court over ‘Mr. Bean’ Brand 

The Bombay High Court in the case of Tiger Aspect Kids & Family Limited v. Mr. Bean Trampoline Park, has issued a temporary injunction restraining Mr. Bean Trampoline Park near Lonavala from utilizing the ‘Mr. Bean’ trademark and associated artwork in any capacity. Tiger Aspect Kids & Family Ltd, a UK-based company, has filed this trademark suit against Mr. Bean Trampoline Park, a proprietorship firm located in India. The contention centered around allegations of trademark infringement and passing off, with Tiger Aspect asserting its rights over the renowned global brand ‘Mr. Bean’.

The matter initiated in June 2023, where after Tiger Aspect discovered the theme park’s use of its ‘Mr Bean’ trademark, it sent cease-and-desist notices issued by the plaintiff, yet the defendant’s response remained inadequate. Although the theme park removed its website, it was later discovered that Mr Bean Trampoline Park had filed a trademark application for ‘Mr Bean’ device mark. The next hearing is on June 14.

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Calcutta High Court Restrains Hindustan Unilever Ltd from Using ‘Glow & Handsome’ Mark

The Calcutta High Court has issued an order restraining Hindustan Unilever Ltd (HUL) from utilizing the ‘Glow & Handsome’ mark for its range of men’s care products, following a lawsuit filed by Emami Ltd. HUL has been granted a month to take necessary actions to comply with the order issued on April 9. In response, an HUL spokesperson stated that the court’s injunction for passing-off comes after nearly four years since the suit was filed by Emami, and they are currently reviewing the order to determine appropriate action. This development stems from a dispute in 2020 between the two companies over HUL’s renaming of its men’s fairness cream brand to ‘Glow & Handsome,’ which bears similarity to Emami’s ‘Fair & Handsome’ brand of men’s personal care products.

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Delhi High Court Grants Interim Relief to Burberry in Trademark Dispute 

The Delhi High Court has provided interim injunction relief to luxury brand Burberry in a case involving trademark infringement and passing off, against Petrol Perfumer Limited. Justice Sanjeev Narula’s bench noted that actions by Petrol Perfumer Limted violated Burberry’s intellectual property rights, negatively impacting its established goodwill and reputation. The court remarked on the defendant’s lack of good faith in adopting similar trademarks, indicating an intent to exploit Burberry’s reputation.

Burberry had accused Petrol Perfumer of engaging in deceptive practices by manufacturing and selling perfumes and related items under marks ‘My Petrol’ and ‘Mr. Petrol’ which resembled Burberry’s ‘My Burberry’ and ‘Mr. Burberry’ trademarks.

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Supreme Court Reserves Judgment on Child Pornography Viewing Case 

The Supreme Court reserved its judgment in an appeal against a Madras High Court ruling that stated merely downloading and/or watching child pornography on electronic devices did not constitute an offense under the Protection of Children from Sexual Offence (POCSO) Act and the Information Technology (IT) Act. The bench of Chief Justice of India D Y Chandrachud and Justice Pardiwala observed that while downloading or watching child pornography might not constitute an offense, using children in pornography would be considered an offense. The Madras High Court, on January 11, had dismissed a criminal case against a 28-year-old man, S Harish, who was charged with downloading and watching pornographic content involving children on his mobile phone.

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EU Court Denies the name of ‘Pablo Escobar’ from Trademark protection

The European Court of Justice ruled against registering the name of the late Colombian drug lord, Pablo Escobar, as an EU trademark, affirming the decision of the EU’s intellectual property office (EUIPO) in 2022. The court agreed with EUIPO’s assessment that Escobar’s name is primarily associated with drug trafficking and narco-terrorism rather than any potential positive associations, despite Escobar Inc.’s plans for products like the Escobar Fold 1 smartphone and Escobar Cash cryptocurrency. Escobar is notorious for leading the Medellin cartel, and had amassed a significant fortune through cocaine trafficking, estimated at over $3 billion by Forbes in 1987.

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