IPRMENTLAW WEEKLY HIGHLIGHTS (AUG 5-11, 2024)

Mohanlal’s – Barroz faces allegations of copyright infringement from German writer

Mohanlal’s highly anticipated directorial debut, Barroz – The Guardian of D’Gama’s Treasure, is encountering unexpected legal challenges. George Thundiparambil, a German-based Malayali writer, has issued a legal notice against the filmmakers, including Mohanlal, accusing them of copyright infringement. This situation could potentially impact the film’s planned release on September 12. In the legal notice, George Thundiparambil asserts that his 2008 novel ‘Maya’ shares significant similarities with the storyline of ‘Barroz’. Both stories are centered around the myth of Kappiri Muthappan, but George contends that his unique interpretation of the myth, especially the elements involving an eighteen-year-old girl who can see and interact with the ghost, sets his work apart. He further claims that this particular portrayal, including the protagonist’s role as the heiress to the treasure, is safeguarded by copyright.

Delhi High Court passes a John Doe order to restrain trademark infringement of Shardul Amarchand Mangaldas

The Delhi High Court recently issued a John Doe order, preventing any unknown individuals from infringing upon or misusing the name and trademarks of the law firm Shardul Amarchand Mangaldas & Co.

In an order passed on August 7, Justice Mini Pushkarna issued a John Doe order that restrains all unknown individuals from using the name or image of Shardul Amarchand Mangaldas & Co’s Executive Chairman, Dr. Shardul S. Shroff, or any of its partners or members. John Doe orders are broad cease and desist injunctions typically used in cases of intellectual property infringement, where identifying every infringing party is impractical.

The Court also directed Google to block fake email IDs and provide details such as phone numbers associated with them. Additionally, the Central government was ordered to take steps to block these phone numbers. The Court granted Shardul Amarchand Mangaldas & Co. permission to publish a public notice to inform the public about the false communications being issued by unknown individuals misusing the firm’s registered trademark, logo, trade name, and the names of its representatives. The notice would also inform the public about the ongoing legal action. Shardul Amarchand Mangaldas approached the High Court after discovering that unknown individuals were using the firm’s name, logo, and Dr. Shroff’s image to send fraudulent legal notices, emails, and letters to people in an attempt to extort money. The Court was also informed that these activities could involve a larger group of people, potentially harming the firm’s reputation and goodwill.

Copyright dispute ends as Manjummel Boys producers compensate Ilayaraja

The copyright dispute between legendary music composer Ilayaraja and the makers of the blockbuster ‘Manjummel Boys’, for using the song ‘Kanmani Anbodu’ in the film, has been settled. After mediation, the producers of Manjummel Boys reportedly gave a compensation of Rs 60 lakh to Ilayaraja.

Bombay High Court imposes cost of Rs. 4 crores on Patanjali for breach of orders

The Bombay High Court imposed a cost of ₹4 crore on Patanjali Ayurved Ltd for allegedly violating a 2023 interim order that had prohibited the company from selling its camphor products. This action was taken in connection with a trademark infringement case filed by Mangalam Organics Ltd. Justice R. I. Chagla, presiding over the case, observed that Patanjali had committed a “wilful and deliberate” breach of the court’s order.

Bisk Farm secures trademark injunction against Parle Products

SAJ Food Products, the manufacturer of the ‘Bisk Farm’ brand of biscuits, announced on Monday that the Calcutta High Court has granted an injunction against Parle Products, preventing them from selling a new biscuit under the brand name ‘Top Gold Star’. SAJ Food Products has been using the ‘Top Gold’ brand name for one of its biscuits since its launch in 2005 and has trademark protection for the label. The company claims that Parle Products’ recent introduction of a similar product under the name ‘Top Gold Star’ constitutes passing off, leading to the legal action.

Delhi High Court orders for cancellation of trademark “Andaaz-e-Nizaam”

The Delhi High Court has ordered the cancellation of the trademark registered to the food outlet “Andaaz-e-Nizaam” in Nizamuddin, following a case filed by the Indian restaurant chain “Nizam’s”. Justice Mini Pushkarna instructed the Registrar of Trademarks to revoke the trademark “Andaaz-e-Nizaam,” which was registered in November 2021 under Mehruddin Ansari. The court granted the plea of Rajesh Chugh, owner of Nizam’s, who argued that the trademark was deceptively similar to that of his restaurant chain.

Code of conduct for patent and trademark agents in the pipeline following Delhi High Court decision

In the case of Saurav Chaudhary v. Union of India, the Delhi High Court exercised its writ jurisdiction to reinstate a patent application that had been deemed abandoned (2024:DHC:4946). Additionally, for the first time in Indian intellectual property jurisprudence, the court directed the Controller General to draft a code of conduct to regulate patent and trademark agents.
The court has directed the Controller General to conduct stakeholder consultations and finalize a code of conduct to regulate patent and trademark agents by December 31, 2024.

UMG, WMG, Sony Music Weigh In On Music Publishers’ AI Copyright Battle vs. Anthropic

Universal Music Publishing Group, Concord, and Abkco filed a lawsuit against Anthropic, accusing the AI startup of copyright infringement. Founded in 2021 by four former OpenAI employees, Anthropic has received up to $4 billion in investment from Amazon. The lawsuit claims that Anthropic’s chatbot, Claude, has infringed on the publishers’ copyrights by training the AI using their songs and displaying the lyrics in responses to prompts.

Astroyogi Sues Astrotalk Over Trademark Breach Claims

Astroyogi has filed a lawsuit against its competitor Astrotalk, alleging unauthorized use of its trademark name. Astroyogi claims that Astrotalk has used its trademark within various horoscope categories, leading to overlap with Astroyogi’s services. The company accuses Astrotalk of illegal use of its trademark name and branding elements.

Astroyogi, known for its content partnerships with major telecom players like Microsoft, Yahoo, and AOL, emphasizes its commitment to maintaining high standards of integrity and ethics. In a statement, the company expressed serious concerns over the potential infringement of its trademark rights and affirmed its dedication to protecting its brand and user trust through legal means.

According to a study cited by Inc42, the Indian faith market was valued at $58.56 billion in 2023.

Intel sued for copyright infringement over AI software

AI software developer Anaconda has filed a lawsuit against Intel, alleging unauthorized use of its software. Anaconda claims that Intel continued to utilize its AI platform development software even after the license had expired. According to Anaconda, Intel ignored multiple offers to renew the license and used the software without permission, which constitutes a violation of copyright laws. While Anaconda’s software is available for free to individuals and small businesses, a commercial license is required for large corporations. The unauthorized use by Intel is thus viewed as a significant infringement of copyright.

6-year-old Khaleesi denied passport due to Game of Thrones trademark

A six-year-old girl encountered an unexpected obstacle in her plans to visit Disneyland when her passport application was rejected due to her name, which is inspired by a popular Game of Thrones character. Khaleesi Holloway’s mother, Lucy, informed the BBC that the UK Passport Office asserted that the name infringed on a trademark held by Warner Brothers for the acclaimed fantasy series. In Game of Thrones, Emilia Clarke’s character, Daenerys Targaryen, is given the title Khaleesi, meaning queen.