IPRMENTLAW WEEKLY HIGHLIGHTS (OCT 7-13, 2024)

An author based in Germany sues Mohanlal over copyright violations

A non-resident Indian author George Thundiparambil has filed a complaint in the Ernakulam District Court seeking to prohibit the release of Mohanlal’s 3D film Barroz. He claims the film infringes on the copyright of his novel Maya. Based in Germany, George has named Mohanlal, directors Jijo Punnose and T K Rajeev Kumar, and producer Antony Perumbavoor in the case. He previously sent a legal notice in July 2024 asking them to resolve the copyright issue, to which they denied any violation, stating the film does not infringe his ideas. (See here)

Rajasthan High Court Lifts Stay on ‘Jigra’ Release Amid Trademark Dispute

The Jodhpur bench of the Rajasthan High Court has temporarily lifted the stay on the release of Dharma Productions’ film Jigra, starring Alia Bhatt. The stay was initially imposed by a commercial court following a complaint from Bhallaram Choudhary, who claimed trademark infringement over the use of the title “Jigra.”

The High Court noted that Dharma Productions was not engaging in “trade of goods or services” under the name Jigra, and the mere use of the term as a movie title did not constitute trademark infringement. While the respondent argued that their trademark registered in the fields of education and entertainment would be impacted, the court emphasized that the appropriate remedy, if any infringement is later found, would be monetary compensation rather than halting the film’s release.

The film’s release can now proceed as scheduled, pending further hearings on October 16, 2024, where more detailed arguments will be considered.

(Read order here)

Cinematic Clash … Vashu Bhagnani Accuses Netflix of ₹250 Crore Fraud

Pooja Entertainment’s Vashu Bhagnani has accused Netflix of orchestrating a ₹250 crore fraud. Bhagnani claims he’s been shortchanged on payments tied to a September 2022 contract for three films, originally worth ₹200 crore. So far, he says he’s only seen ₹60 crore, and Netflix’s cancellation of Hero No. 1 has hit him with an additional ₹200 crore loss. According to reports, Bhagnani delivered Hero No. 1, Bade Miyan Chote Miyan, and Mission Raniganj: The Great Bharat Rescue. Yet, Netflix’s decision to revoke the license for Hero No. 1 has left him with ₹200 crore withheld and another ₹47 crore in limbo, prompting him to file a complaint. A Netflix spokesperson, however, called Bhagnani’s claims as unfounded and insisted that Pooja Entertainment owes them money. Interestingly, the production house is locked in a dispute with director Ali Abbas Zafar, which can be read about here.

An Ex-Parte Injunction Against Misuse of Trademark ‘Master Trust’ by the Delhi High Court

Recently, the Delhi High Court in Master Capital Services Limited & Anr. v. John Doe & Ors. has issued an ex-parte injunction to protect the trademark “Master Trust,” owned by Master Capital Services Limited, from misuse by unidentified individuals. The firm contended that fraudsters were falsely claiming association with Master Capital, leading to financial losses for its investors. The court found strong evidence of wrongdoing, including 17 complaints from victims. And it ordered the anonymous individuals to stop using the trademark and directed Meta Platforms Inc., the Ministry of Electronics and Information Technology, and banks like HDFC and IndusInd to block the fraudulent accounts and freeze associated bank accounts. (See more)

Government Targets E-Commerce over Dark Patterns Again!

Per this report, the government is planning to take action against e-commerce companies after receiving numerous consumer complaints about the misuse of “dark patterns” during festive season sales. One may wonder, what are dark patterns? Well, as this website nicely explains “deceptive patterns (also known as “dark patterns”) are tricks used in websites and apps that make you do things that you didn’t mean to, like buying or signing up for something.” Examples include adding hidden items to the cart at checkout, forcing users into memberships, or creating false urgency, like claiming there’s “only 1 item left.” Needless to say, these practices affect consumer protection laws, with the Ministry of Consumer Affairs defining 13 such tactics last year. (See here)

Raaj Shaandilyaa Apologizes for Unauthorized Stree References in Vicky Aur Vidya Ka Woh Wala Video

Raaj Shaandilyaa issued an apology on X for the “unauthorized use” of characters and dialogue from the film Stree in the film Vicky Aur Vidya Ka Woh Wala Video. He expressed regret for any harm caused to Maddock Films and assured that they would take immediate steps to remove the infringing content. He further emphasized that Vicky Aur Vidya Ka Woh Wala Video is not affiliated with Maddock Films or its Stree franchise and promised no such unauthorized use will happen again. (See here)

US Judge Orders Google to Revamp Play Store Following Epic Games Ruling”

As this Guardian news reports, A US judge has ordered Google to revamp its mobile app business, following a jury verdict in favor of Epic Games, the maker of Fortnite. It mandates that Google allow more options for Android users to download apps and pay for transactions, increasing competition for its Play Store. The ruling injunction prohibits Google from restricting in-app payment methods and requires the inclusion of rival platforms for the next three years. It was also specified that a three-person technical committee, selected by Epic and Google, will oversee the implementation of the injunction. Google intends to appeal the verdict and may seek to pause the order during the appeal process. The ruling stems from Epic’s lawsuit, filed in 2020, which accused Google of monopolizing app access and payment systems on Android devices.

Government Reviews Objectionable OTT Content Amid Rising Concerns

The Indian government is actively examining issues related to objectionable content on OTT platforms. Union Minister Anurag Thakur emphasized that while platforms are granted creative freedom, they are not permitted to promote vulgarity or abusive language under the guise of creativity. He indicated that the government is serious about addressing public complaints and may introduce stricter regulatory measures if necessary to curb inappropriate content. This move aligns with broader efforts to ensure compliance with cultural sensitivities while balancing artistic expression

Read more here

Delhi High Court Grants John Doe Order to Protect Vishnu Manchu’s Personality Rights

The Delhi High Court has issued a John Doe order in favor of Telugu actor and producer Vishnu Manchu, safeguarding his personality rights against unauthorized use. The order restricts known and unidentified parties, including several YouTube channels, from exploiting his image, name, voice, and other aspects of his persona for commercial or defamatory purposes. This legal action aims to prevent misuse in any form, including emerging platforms like AI and the metaverse. The order ensures immediate protection, with the court recognizing the potential irreparable harm that could arise without such intervention.

Read order here.

Airtel Eyes Tata Play Acquisition to Strengthen Digital TV Foothold

Bharti Airtel is reportedly in advanced talks with the Tata Group to acquire Tata Play, a major direct-to-home (DTH) service provider. This acquisition aligns with Airtel’s strategy to consolidate its presence in the digital TV segment and enhance bundled services to boost non-mobile revenue. If the deal materializes, it could mark Tata Group’s exit from the entertainment business and signal a major consolidation move in the DTH industry, currently under pressure from growing OTT services and competitors like Jio.

The negotiations follow a similar deal in 2017 when Airtel acquired Tata’s consumer mobility business. With Tata Play valued at around $1 billion after significant losses, the potential acquisition is also seen as Airtel’s effort to counterbalance declining DTH demand with improved bundled offerings.

Read more here