IPRMENTLAW WEEKLY HIGHLIGHTS (JUNE 17-23, 2024)

Bombay High Court: The movie ‘Hamaare Baarah’ is fine, it sends out social message

The Bombay High Court ruled in favor of the film ‘Hamare Baarah’, which promotes women’s empowerment while without offending Muslim religious sensitivities. Justices Burgess Colabawalla and Firdosh Pooniwalla overturned the previous order, allowing the film to be released. The film examines family dynamics, misinterpretations of religious beliefs, and the ramifications of a post-delivery death.

Read order here.

Bombay High Court: Drugs having identical marks for treating same ailment are deceptive even though containing different compositions

The Bombay High Court ruled that a trademark that is structurally and phonetically similar to an already registered mark but has a different composition cannot be registered for a medicine that treats a disease. The single judge bench stated that it may confuse customers and lead to potential negative effects. The court issued an interim injunction against Glenmark, preventing it from interfering with the manufacture, distribution, and sale of Gleck’s product, ‘Xigamet’.

Read order here.

Bombay High Court: Pidilite granted temporary relief in M-Seal PV container dispute

The Bombay High Court has ordered Astral Ltd. , Ahmedabad based listed company to stop marketing its Solvobond solvent cement solutions in containers comparable to Pidilite Industries’ M-Seal PV Seal. Pidilite claimed infringement and passing off, and requested an injunction to avoid further injury. The court gave Pidilite temporary relief, highlighting the significance of safeguarding intellectual property rights.

Read order here.

Delhi High Court: Infosys granted injunction against ‘Southern Infosys Ltd.’

The Delhi High Court recently highlighted that minor procedural errors that are clearly explained should not overwhelm the merits of the case, especially if there is convincing evidence of trademark infringement. The court stated that visual or phonetic similarities could lead to consumer misunderstanding.

Gujarat High Court: Lifts stay on release of film ‘Maharaj’

Some members of the Pushtimarg sect have petitioned against its broadcast on Netflix, stating that it damages religious sensitivities. The Gujarat High Court removed the interim ban on the distribution of “Maharaj,” the debut film of Bollywood actor Aamir Khan’s son Junaid stating that the film has no offensive content and does not target the Pushtimarg sect as alleged. The film is based on the 1862 libel lawsuit involving Karsandas Mulji, a Vaishnavite religious leader and social reformer.

Karnataka High Court stays the decision which temporarily allowed horse racing, betting at Bangalore Turf Club

The Karnataka High Court stayed a June 18 single-judge order that had temporarily permitted the Bangalore Turf Club (BTC) to conduct on-course and off-course horse racing and betting. A Division Bench of the High Court ruled that the BTC could not conduct such operations while the petition challenging the State’s refusal to allow horse racing and betting this year was pending.

Media bodies seek clarification from the Apex Court on the mandate for self declaration for ads

The Association of Radio Operators for India (AROI), the Indian Newspaper Society (INS), the Internet and Mobile Association of India (IAMAI), and the Broadband India Forum (BIF) have filed impleadment applications in the Supreme Court seeking clarification on the self-declaration certificate (SDC) mandate for new advertisements, according to sources familiar with the matter.

Meity discusses draft digital competition bill with stakeholders

The Ministry of Electronics and Information Technology met with industry lobby organizations to examine the implications of the draft digital competition law (DCB), which intends to make some anticompetitive behaviors of Big Tech firms illegal through ex ante regulation. The ministry was attempting to formulate its position on the draft bill so that it could provide feedback to the corporate affairs ministry, according to IT secretary S Krishnan, who led the meeting.

Music Publishers have filed complaint against Spotify over Audiobook Bundle

Spotify made the controversial move in April to rebrand its Premium levels as ‘bundles’, mixing music and audiobooks. Spotify’s move resulted in a reduced mechanical royalty rate in the United States for publishers and composers.

At the National Music Publishers’ Association Annual Meeting, David Israelite revealed that the organization has filed an official complaint against Spotify with the Federal Trade Commission for “alleged unlawful conduct by Spotify”, which the NMPA claims “is harming millions of consumers and the music marketplace”.

Picsart partners with Getty images to crate copyright-free AI images

Picsart, a photo editing platform, has announced a partnership with stock photo website Getty Images to train its AI technologies. According to the news release, the cooperation would enable Picsart’s new AI picture generating tool to generate images “with commercial rights and an indemnity” because its models will be trained using Getty Images-licensed images. Furthermore, Picsart has positioned this product as an effective marketing use case, and it will be made available later this year via Picsart’s API.

Zomato in talks to acquire the movie and ticketing businesses of Paytm

According to two sources, food delivery giant Zomato is in advanced talks to purchase Paytm’s movie ticketing and events section, as the Deepinder Goyal-led company seeks to expand its ‘going-out’ business. According to sources, the acquisition might be worth between Rs 1,600 and 1,750 crore for Paytm’s vertical. They stated that adding receivables from film exhibitors might increase the valuation to Rs 2,000 crore.