Supreme Court holds that trailers of movie are not a promise or offer in the Yash Raj’s consumer dispute over Jabra Fan
In the appeal filed by Yash Raj Films (YRF) against the order passed by National Consumer Dispute Redressal Commission (NCDRC) imposing penalty of Rs. 10,000, the Supreme Court, setting aside the NCDRC’s order, held that promotional trailers do not qualify as offers eliciting acceptance. The appeal was filed when NCDRC imposed the penalty on YRF for excluding the song ‘Jabra Fan’ from its 2016’s Shah Rukh Khan starrer ‘Fan’.
The complaint was filed by Afreen Fatima, claiming that they went to watch the movie for the particular song which was missing from the movie. The NCDRC had held that exclusion of the song was an act of deceiving the consumers and would amount to unfair trade practice.
The Supreme Court further held that promotional trailers are not advertisement and the same by itself is not an offer and neither intends not can create a contractual relationship. The transaction was limited to the consumer purchasing the ticket and watching the movie. Further, the Bench held that the promotional trailer does not fall under any of the instances of “unfair method or unfair and deceptive practice”.
IPRMENTLAW’s detailed article on this case can be read here
INDIGO airlines to introduce in-flight entertainment on trial basis
For the first time, from May 01, 2024, IndiGo airlines to introduce in-flight entertainment content through its app on a three-month trial basis on the Delhi-Goa route. The airline has also mentioned that the passengers will have to carry their own headphones to avail the service. The service will be enabled when the aircraft reaches cruising altitude.
PVR Inox adopts ad-free movies to combat declining theatre footfalls
The top multiplex chain, PVR Inox, has announced that they will be discontinuing the ads shown during the interval and that during the interval only the movie trailers will be played. The multiplex chain further mentioned that this step will provide consumer with a streaming like platform, however, on the big screen.
Madras High Court: Ilaiyaraaja cannot claim sole ownership over work
In the ongoing legal dispute between Ilaiyaraaja and Echo Recording Pvt. Ltd., a private recording company, the Madras High Court stated that Ilaiyaraaja cannot claim sole ownership of the work, as numerous players come together to create a song. The legal tussle is over 4500 songs and Ilaiyaraaja claims to hold rights over the songs, irrespective of the agreement with the producers. The Court further stated that Ilaiyaraaja cannot claim rights over the song as the lyricist and singer too play a significant role in creating the song.
WhatsApp’s parent company tells Delhi High Court that it will have to break its encryption to comply with IT Rules
The Delhi High Court heard petitions filed by WhatsApp and Meta in 2021, challenging Rule 4(2) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 which requires social media intermediaries to identify the first originator of information.
The petitioner stated that WhatsApp is used for its encryption and in order to implement the impugned rule, they will need to break the encryption. The petitioner further stated that they are caught between to essential rights of privacy of individuals and the government’s right to know.
Maharashtra cyber police summons actor Tamannah Bhatia in Fairplay betting app case
The Maharashtra cyber police summoned actor Tamannah Bhatia regarding an FIR based on a complaint filed by the Viacom 18 network. The said complaint pertains to “unauthorized” streaming of the Indian Premier League 2023 matches on the Fairplay App. Bhatia featured in some of the advertisement of the Fairplay App. Viacom 18 has claimed that the illegal streaming has caused them losses as they hold the IP rights in the streaming of the matches.
DTH operators seek pricing freedom and telecom sector-like forbearance from TRAI
While facing competition from the OTT platforms, the direct-to-home (DTH) operators like Tata Play, Bharti Airtel, Dish TV, etc. have sought telecom sector-like tariff forbearance to price their offerings.
Tariff forbearance will give the industry the freedom to set prices for their services for consumers. The same is usually provided when the competition is high and the industry has matured in terms of pricing its offerings.
The DTH operators have stated that the broadcasting sector has become highly competitive and also matured with the introduction of OTT platforms, thus, the tight price regulation is not required anymore.
Delhi High Court issues permanent injunction in favour of Heifer International against Heifer Project India Trust
In a trade mark infringement dispute, the Delhi High Court issued permanent injunction in favour of Heifer International against Heifer Project India Trust for using the mark ‘HEIFER’.
The Court further noted that the present case was a clear instance of ‘triple identity’ as the impugned marks, areas of operation and segments of targeted public are nearly identical. The Court has awarded the Plaintiff with nominal damages of Rs. 3 lakhs.
The Judgement passed by the Court dated April 23, 2024 can be accessed here.
