Supreme Court refuses to entertain plea to stall release of Alia Bhatt’s movie ‘Jigra’ over alleged trade mark infringement
On October 18, the Supreme Court declined to hear a trademark infringement plea aimed at stopping the use of the term “Jigra” in the recently released Alia Bhatt film. A bench comprising Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra was considering an appeal against the Rajasthan High Court’s decision to lift a stay previously imposed by a commercial court, which had temporarily blocked the release of the film “Jigra,” starring Alia Bhatt. The petitioner’s primary argument was that he held a trademark registration for the term “Jigra” in the “field of education and entertainment,” and therefore, it required legal protection. The Court noted that it was not inclined to take up the matter, particularly given that the movie had already been released.
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Delhi High Court commences petitions challenging the IT Rules of 2021
The Delhi High Court has commenced hearings on the consolidated petitions challenging the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which were transferred from the Supreme Court following Transfer Petitions filed by the Union of India. On August 14, 2024, the court ordered that the cases be segregated by issue and appointed Advocates Mr. Shashank Mishra and Mr. Kirtiman Singh as nodal counsels for the petitioners and respondents, respectively. The parties were also directed to complete pleadings within four weeks and submit written arguments. In the October 14, 2024 hearing, the Bench, in agreement with the counsels for all the petitions, decided to divide the hearing into two phases: first, addressing challenges to Part III of the IT Rules, 2021, followed by challenges to Part II. The IT Rules, 2021, which have significant implications for online privacy and freedom of expression by giving the government broad control over digital platforms, are being challenged on constitutional grounds.
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Brands need to prove the alleged green claims made or will invite penalties under the new advertisement guidelines issued by Ministry of Consumer Affairs
New guidelines from the Ministry of Consumer Affairs now require brands making eco-friendly, green, or sustainable claims to provide evidence supporting those assertions. Failure to do so will result in penalties for misleading advertising and unfair trade practices. Nidhi Khare, Secretary of the Ministry, stressed that deceptive practices, such as exaggerating or making vague, unsubstantiated environmental claims, will also be scrutinized. These guidelines aim to prevent greenwashing and promote transparency in environmental marketing. Under the new rules, companies must back claims like “eco-friendly” or “zero emissions” with substantiation, which can be provided on packaging, through QR codes, pamphlets, or web links. Terms such as “natural,” “organic,” and “sustainable” also require proof. The claims can apply to entire products, specific components, packaging, or production processes, provided they are properly validated. Service providers making environmental claims are also required to comply, ensuring transparency across industries.
Audiovisual co-production agreement signed between India and Colombia
The audiovisual co-production agreement between India and Colombia was signed on October 15, 2024, at 4 PM at the National Media Centre, New Delhi. The agreement will be signed by Dr. L. Murugan, Hon’ble Minister of State for Information & Broadcasting, on behalf of India, and His Excellency Mr. Jorge Enrique Rojas Rodriguez, Vice Minister of Foreign Affairs of Colombia, representing Colombia. The agreement is expected to benefit producers in both countries by enabling them to pool their creative, artistic, technical, financial, and marketing resources for co-productions. It will also promote the exchange of art and culture, fostering goodwill and mutual understanding between the people of India and Colombia, thereby strengthening cultural ties between the two nations.
WhatsApp reportedly to receive orders from Competition Commission of India
WhatsApp has been under scrutiny by the Competition Commission of India (CCI) for its 2021 privacy policy update, which involved sharing certain user data with its parent company, Meta. The situation has now escalated, with the possibility that the CCI may impose a penalty on the platform for engaging in anti-competitive practices. According to a report by Mint published on October 14, the CCI is expected to issue an order on the case soon, and it may include a penalty. The commission has reportedly drafted the order based on a report submitted by the Directorate General (DG).
Delhi High Court slams Wikipedia for refusal to divulge identity of those who edited ANI’s page
A division bench of the Delhi High Court has directed Wikipedia to remove a page within 36 hours that contained comments on the court’s decision in an ongoing case regarding the characterization of a news agency as a government propaganda tool. The order was pronounced by Chief Justice Manmohan on Wednesday. During the hearing, Siddhant Kumar, representing the news agency, informed the court that remarks made by the High Court in a previous hearing had been published and were open for editing on Wikipedia. The court deemed this a case of contempt of court. Amit Sibal, representing Wikipedia, clarified that the platform had not initiated any discussion on the court’s decision. He added that Wikipedia would comply with the court’s order if removal was mandated. Following this, the court instructed that all comments related to the orders of the single judge and division bench be removed within 36 hours.
Swiggy Instamart reported to use dark patterns on its app
A Bengaluru-based product designer, Ramanujan, has criticized Swiggy Instamart for adding free tomatoes to his order, labeling it as a “dark pattern” by the quick commerce platform. A dark pattern refers to a deceptive design tactic used by websites or apps to manipulate users into taking actions they may not want to, such as making extra purchases, subscribing to services, or sharing personal information. These patterns often make it difficult for users to opt out, cancel, or avoid additional charges. Although Ramanujan acknowledged that he wasn’t charged extra for the tomatoes, he still considered it a dark pattern.
NCPCR asks Government to ensure disclaimers on OTTs to keep minors off adult content
The National Commission for Protection of Child Rights (NCPCR) has reached out to the Ministry of Information and Broadcasting, urging that over-the-top (OTT) platforms display disclaimers in “English, Hindi, and local/regional languages” before presenting any adult content. These disclaimers should reference Section 11 of the Protection of Children from Sexual Offences (POCSO) Act and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, warning subscribers that they could be held liable under these legal provisions if their child accesses adult content. Section 11 of the POCSO Act addresses actions that constitute sexual harassment of a child, including the display of any object to a child in any form or media for pornographic purposes, with a potential punishment of up to three years in prison and a fine. Section 75 of the Juvenile Justice Act outlines the penalties for cruelty to a child, which includes actions such as assault, abuse, neglect, exposure, and abandonment, punishable by imprisonment of up to three years or a fine.
The National Commission for Protection of Child Rights (NCPCR) has reached out to the Ministry of Information and Broadcasting, urging that over-the-top (OTT) platforms display disclaimers in “English, Hindi, and local/regional languages” before presenting any adult content.
These disclaimers should reference Section 11 of the Protection of Children from Sexual Offences (POCSO) Act and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, warning subscribers that they could be held liable under these legal provisions if their child accesses adult content.
LML sues Bajaj Automobiles over use of ‘Freedom’ trademark for CNG Bike
SG Corporate Mobility, the parent company of the LML brand, has filed a lawsuit against Bajaj Auto in the Delhi High Court, alleging unauthorized use of the trademark “Freedom” for its newly launched Bajaj Freedom CNG motorbikes. According to LML, the dispute centers on the ownership of the “Freedom” brand, which was first introduced in 2002 with the launch of the LML Freedom motorcycles. These bikes gained significant popularity in the Indian market, known for their durability, style, and strong performance. In 2021, LML assigned the “Freedom” trademark, along with the “LML” trademark, to SG Corporate Mobility, which included all associated goodwill and reputation. SG Corporate Mobility is now focused on relaunching new scooters and motorcycles under these well-established labels through its sister concern, LML Emotion. The lawsuit underscores SG Corporate Mobility’s commitment to protecting its intellectual property rights, arguing that Bajaj Auto’s use of the “Freedom” trademark infringes upon its statutory rights and dilutes the reputation associated with the original LML Freedom bikes. SG Corporate Mobility aims to reclaim and expand the legacy of the LML brand by introducing a new line of scooters and motorcycles, including electric models, under the “Freedom” label.
Madras High Court grants Tafe interim relief in Massey Ferguson trademark dispute
The Madras High Court has granted interim relief to Tractors and Farm Equipment Ltd (Tafe), restraining Massey Ferguson Corp., a subsidiary of US-based Agco Corp., from interfering with Tafe’s use of the Massey Ferguson brand and trademarks in India. In a press statement released on Friday, the Chennai-based Tafe indicated that the injunction comes as a result of its legal challenge to prevent Massey Ferguson from obstructing its exclusive use of the brand in the Indian market.
Court awards ₹10 lakh as damages to Jan Aushadhi in trademark battle
The New Delhi District Court has granted a permanent injunction against an organization operating under the name “Jan Aushadhi Sangh” in Bhopal, Madhya Pradesh. According to a release from the Health Ministry, the court found that the firm was deliberately and intentionally using a name that is deceptively similar to “Jan Aushadhi,” a registered trademark of the Pradhan Mantri Bhartiya Janaushadhi Pariyojana (PMBJP) under the Department of Pharmaceuticals. The court noted that this was done with malafide intent to create public confusion and exploit the goodwill associated with the Jan Aushadhi brand.
Elon Musk’s new mark to be registered may face a trademark battle
Recently, the billionaire entrepreneur saw significant milestones for his companies, with SpaceX successfully completing Starship test flight 5, including a mid-air booster capture, and Tesla unveiling its self-driving “Robovan” at the “We, Robot” event on October 10. However, a lesser-known startup, Starship Technologies, already holds a registered trademark for “Robovan.” This vehicle, developed in collaboration with Mercedes-Benz, serves as a mobile base for distributing autonomous delivery robots in designated neighborhoods. The overlap in naming could potentially lead to legal challenges over trademark rights.
Elon Musk faces copyright claims on ‘I, Robot’ designs
Director Alex Proyas has criticized Tesla CEO Elon Musk for the apparent similarity between Tesla’s two autonomous vehicles and the robots featured in his 2004 sci-fi film ‘I, Robot’. Proyas, who directed the movie, expressed concern over what he perceives as a lack of originality in Tesla’s designs, highlighting their resemblance to the film’s futuristic robots. The controversy arises following Tesla’s unveiling of self-driving vehicles like the “Robovan” at the “We, Robot” event, which many have noted mirrors the aesthetics and themes from Proyas’ movie.
Penguin Random House is adding an AI warning to its books’ copyright pages
Penguin Random House, one of the largest trade publishers in the world, is now adding specific language to the copyright pages of its books to prohibit their use for training artificial intelligence (AI) models. This move reflects growing concerns within the publishing industry about the unauthorized use of copyrighted content to train AI systems, particularly large language models. By including this language, Penguin Random House aims to protect the intellectual property rights of authors and prevent the exploitation of their works in developing AI technologies without proper licensing or compensation.
India emerges as content hub: I&B ministry hosts WAVE Summit 2025
India is actively positioning itself as a global content hub, with the Ministry of Information and Broadcasting driving efforts to enhance innovation and growth in the broadcasting sector. The WAVE Summit, set for February 5-9, 2025, will be a pivotal event for content creators, offering 27 unique challenges that provide both national and international exposure. The initiative aims to foster talent development and create new employment opportunities in the media and broadcasting industry. On October 17, 2024, Minister of State for Information and Broadcasting, L. Murugan, inaugurated a symposium titled “Emerging Trends and Technologies in Broadcasting” at the India Mobile Congress 2024, organized by the Telecom Regulatory Authority of India (TRAI). Prominent figures, including TRAI chairman Anil Kumar Lahoti, ministry secretary Sanjay Jaju, and TRAI secretary Atul Kumar Chaudhary, addressed the event, discussing the future of broadcasting, emerging technologies, and the potential for India’s broadcasting sector to lead on a global scale.
