IPRMENTLAW WEEKLY HIGHLIGHTS (SEP 9-15, 2024)

Indian news agency ANI sues Netflix for using its content in ‘IC-814: The Kandahar Hijack

News agency Asian News International (ANI) has filed a copyright and trademark infringement lawsuit against the producers of the Netflix series “IC 814: The Kandahar Hijack” at the Delhi High Court. In its petition, ANI has alleged that the Netflix show has used its footage featuring the then Prime Minister Atal Bihari Vajpayee, General Parvez Musharraf, and others without obtaining any licence. The news agency’s counsel contended that ANI’s logo is also visible in one of the footages, which amounted to trademark infringement and whike the series had reached out to ANI for licensing the footage in 2021, no agreement was entered upon between the two parties.

Read more about it here.

Netflix denies plagiarism allegations as ‘Squid Game’ faces legal challenge from ‘Luck’ director Soham Shah

Director Soham Shah has filed a lawsuit against Netflix for allegedly plagiarising his 2009 film “Luck” to make the Korean series “Squid Game”. Shah alleges that the Korean survival drama, lifted the central concept of a deadly competition where participants fight for a jackpot, a concept he says was first portrayed in Luck. Netflix has responded to the allegations stating to the media that Shah’s accusations have no basis and that the series was an entirely original work and that they intend to defend this matter vigorously

Read more about it here.

PIL in SC seeks autonomous body to regulate content on OTT, other digital platforms

A PIL was filed in the Supreme Court seeking a direction to the Centre to set up an autonomous body to “monitor and filter” content and regulate videos on over-the-top (OTT) and other platforms in India. As per reports, the PIL has referenced to the Netflix series IC 814:The Kandahar Hijack to highlight the need for such a regulatory mechanism as the OTT platform claimed it was based on real-life incidents.

Read more about it here.

Karnataka HC restrains media from publishing chargesheet details filed against murder-accused Kannada actor Darshan

The Karnataka High Court has issued an interim order prohibiting the media from publishing confidential information from the chargesheet in the Renukaswamy murder case involving actor Darshan and 16 others. Justice Hemant Chandangoudar, presiding over a single-judge bench, passed the order following a plea by the actor seeking direction on the Union of India to pass an order directing the media agencies and news channels from publishing confidential information contained in the chargesheet and the other such material collected during the course of investigation in relation to the case, which is pending adjudication before the concerned court.

Read more about it here.

Kerala court orders interim restraint on creation of Minnal Murali spin-off movies, graphic novels, merchandise

The Ernakulam District Court issued an interim injunction restraining the production, distribution, commercialization, and making of graphic novels, merchandise, or spin-off films featuring characters from the Malayalam superhero film Minnal Murali. The writers, Arun AR and Justin Mathew, have claimed that their characters from the film are being used without their permission. The order comes following the announcement of Detective Ujjwalan, a new film starring Dhyan Sreenivasan that refers to the fictional village of Kurukkanmoola, where Minnal Murali is set. The respondents, in this case, include Weekend Blockbusters Pvt. Ltd. (production company), Netflix India (distributor), Amar Chitra Katha, Spirit Media Pvt Ltd, Producer Sophia Paul and others.

Read more about it here.

Jasleen Royal takes legal action against T-Series, Guru Randhawa for unauthorised use of her music

As per reports, Jasleen Royal has filed a case against T Series, Punjabi singer Guru Randhawa and lyricist Raj Ranjodh alleging unauthorised use of her compositions in the song ‘All Right’ from the album ‘G Thing’. The compositions in question were originally created by Jasleen in 2022 for promotional events related to the Ajay Devgan movie ‘Runway 34’ and were shared with lyricist Raj Ranjodh via audio-video calls and messages. Despite initial discussions with Guru Randhawa, Jasleen was dissatisfied with the recorded version, leading to a split in collaboration. She claims the song, released by T-Series in 2023, features her original compositions without permission or credit.

Read more about it here.

MEITY issues advisory to intermediaries to take prompt action in to remove any prohibited content

MEITY on September 09, 2024 has issued an advisory to intermediaries highlighting lack of prompt action in some cases from removing any prohibited content from their platforms. In its advisory, the concerned intermediaries have been directed to complete the takedown process, wherever it is found necessary to do so, proactively and at the earliest possible opportunity and not wait for the expiry of the time limits as prescribed in the IT Rules which is only an outside limit. Emphasis was laid on the order of the Bombay HC involving National Stock Exchange of India Ltd. (NSE) and Meta Platforms, Inc. &.which centers on fake and fabricated videos featuring an AI-generated likeness of NSE’s Managing Director and CEO, Mr. Ashishkumar Chauhan, being circulated on social media platforms, including Facebook directing the concerned intermediaries to delete or disable the fake information such as morphed videos and profiles circulating on their platform relating to the plaintiff promptly within ten hours of receiving such complaint.

Access the advisory here.

Delhi HC grants interim injunction TO AMUL against Italian company’s trademark ‘AMULETI’

In a significant cross-border trademark dispute, the Delhi High Court has granted interim injunction to ‘AMUL’ brand against an Italian Company namely Terre Primitive, for selling, marketing, promoting, and advertising its cookies and chocolate covered biscuits under the mark ‘Amuleti’. The High Court stated, “It is submitted that defendant no. 1’s use of plaintiffs’ reputed, registered and well-known trademarks creates confusion and deception in the minds of the purchasing consumers that the defendant no. 1 has a direct nexus or affiliation with the plaintiffs and that the business of the defendant no. 1 has been endorsed by or is associated with the plaintiffs. This dilution and passing off of the plaintiffs’ trademarks is causing grave injury to the trademark rights of the plaintiffs and resulting in immense loss and damage to the plaintiffs business.”

Read more about it here.

House Judiciary Committee Asks Copyright Office to Examine PROs, Citing ‘Difficult to Assess’ Royalty Distributions

As per Billboard, The House Judiciary Committee has sent a letter to the Register of Copyrights, requesting an examination of “concerns” and “emerging issues” related to performing rights organizations (PROs).
In the letter, signed by the committee’s chairmen Rep. Jim Jordan and Rep. Darrell Issa as well as member Rep. Scott Fitzgerald, two particular areas of concern are addressed: the “proliferation” of new PROs and the lack of transparency about the distribution of general licensing revenue.

Read more about it here.