Delhi High Court orders takedown of deepfake videos featuring Medanta Hospital, Dr. Naresh Trehan
The Delhi High Court on 08th January, 2025, directed that cardiothoracic vascular surgeon Dr Naresh Trehan’s deepfake videos, where he is purportedly seen giving medical advice and propagating natural remedies to cure urology-related ailments, be taken down from social media.
Justice Mini Pushkarna passed a John Doe order — where the exact offender is unknown — directing that the videos be taken down within 24 hours. The court specified that in case the same is not complied with in 24 hours, Meta, Department of Telecommunications (DoT) and Ministry of Electronics and Information Technology (MEITY) will remove the content. The court also directed DoT, MEITY and Meta to file affidavits, disclose all details, including name, address, email, contact details, organisation, IP address, and others associated with the videos.
With the order being made public the next day, one of the “infringing links” as listed by the petitioners continues to remain active.
Global Health Limited (Medanta) and Dr Trehan had moved HC with an injunction suit seeking “to take down fabricated/deep fake video restraining infringement of personality and publicity rights, damages for loss of reputation and infringement of trademarks and/or passing off”.
According to the petitioners, it came to their knowledge on December 23, 2024, that a deepfake video was published on December 16, 2024, featuring Dr Trehan, who is also chairman of the Heart Institute of Medanta, The Medicity Hospital in Gurugram.
Alleging that the video has been made using artificial intelligence, photoshopping and voice-over techniques, the suit highlighted that the video targeted issues such as prostatitis (swelling of prostate gland in males), and erectile dysfunction (impotency/sexual dysfunction in males). Submitting that such issues are treated by urologists whereas Dr Trehan is a cardiothoracic surgeon, the suit emphasised that he “does not advise on/treat diseases that fall under the urology specialty”.
It added that an unidentifiable third-party page on Facebook called ‘Maria Ideas’, which seems to have originated at Kyiv, published the deep fake video, which has been liked by 6,400 accounts and viewed over 1.1 million times.
The prevailing and continuing issues of deepfake videos continue to ponder
FPCE raises concerns over misleading advertisement about real estate in Maharashtra, writes to the UOI criticizing MahaRERA’s detterent action against errant developers who deceive flat buyers through false advertising.
Advertising watchdog finds hundreds of Maharashtra realtors violating ad rules as the Advertising Standards Council of India scrutinized 2,115 real estate advertisements in Maharashtra for potential violations of the MahaRERA Act. Of these, it flagged 1,027 for further investigation. And almost all were found to be non-compliant with the Act.
The Forum for People’s Collective Efforts (FPCE), a consumer rights body, has raised serious concerns about misleading real estate advertisements in Maharashtra. In a letter to the Secretary of Consumer Affairs, Union Government, the forum criticized MahaRERA’s deterrent action against errant developers who deceive flat buyers through false advertising. The forum relied on the Advertising Standards Council of India (ASCI)’s half-yearly report (April–September 2024) to highlight the issue.
According to the report, the ASCI reviewed 4,016 complaints and scrutinized 3,031 advertisements for potential violations of the ASCI Code in the state from April to September 2024. Over 90% of these ads were on digital platforms.
It scrutinized 2,115 real estate advertisements in Maharashtra for potential violations of the MahaRERA Act. Of these, it flagged 1,027 for further investigation. And 99% of those were found to be non-compliant with the Act.
Taking action against the violators, the Maharashtra Real Estate Regulatory Authority (MahaRERA) penalized 628 real estate developers, imposing a penalty of ₹88.90 lakh, the data showed.
Earlier this year, the self-regulatory body for the Indian advertising industry collaborated with MahaRERA to scrutinize real estate ads in the state.
The ASCI resolves issues around dishonest or misleading ads, indecent or offensive ads, harmful ads, and ads that are unfair in competition.
The body also found that ads for illegal betting and gambling platforms proliferated digital media in new formats in the first half of the year.
In response, ASCI referred 890 such ads to the ministry of information and broadcasting (MIB) for further action. Additionally, 50 websites and social-media pages were identified as promoting illegal betting apps and platforms, and nine influencer posts were found endorsing illegal betting services.
Meanwhile, the ASCI reviewed 100 advertisements for potential violations of the ASCI guidelines for making environmental or green claims. This was significantly higher than 34 such ads reviewed in the year-ago period.
Coldplay concert: Bombay HC dismisses petition seeking policy against ticket scalping
The Bombay High Court on 10th January, 2025 dismissed a plea seeking guidelines to curb black marketing and ticket scalping at major events in the backdrop of the alleged foul play in the ticket sale process for British band Coldplay’s concert in Navi Mumbai later this month.
A division bench of Chief Justice D K Upadhyaya and Justice Amit Borkar said the issues raised in the petition pertain to the legislative domain, and hence, the court cannot interfere.
The court emphasized that this being a legislative and executive decision, the court cannot interfere and the government is at liberty to formulate legislation addressing the concerns raised in the petition. The bench said that in the absence of a clear statutory framework mandating the reliefs sought in the petition, it cannot direct legislation to be enacted or laws to be amended in a particular manner.
However, the court went on to note that in the event that the competent authority (of the government) considers it necessary, they remain at liberty to take appropriate legislative or executive measures to address the concerns highlighted by the petitioners and subsequently permitted the petitioner to make a representation before the competent authority.
The petitioner, Amit Vyas, an advocate, claimed there are several irregularities and illegalities during the sale of tickets for major events such as concerts, live shows and so on.
Vyas, in the petition, alleged that such irregularity and illegality were witnessed when tickets for the Coldplay concert were made available on the online platform BookMyShow. The same irregularities against the Platform were made when the famous singer Diljeet Dosanjh had made his tickets live for his concert in Delhi.
Indian Supreme Court halts GST notices to online gaming companies
The Supreme Court of India temporarily halted, Goods and Services Tax (GST) show-cause notices issued on 03rd January, 2025 amounting to Rs1.12 trillion ($13.5 billion) issued to online gaming companies.
The court has ordered the suspension of all proceedings related to these notices until a definitive resolution is reached. It has also instructed the consolidation of cases involving multiple gaming companies, with the next hearing scheduled for March 18th, 2025.
The dispute centers on the interpretation of GST applicability to online gaming. The government argues that a 28 percent GST should be levied on the total entry fee for contests, effectively taxing the entire prize pool. In contrast, gaming companies assert that GST should apply only to their platform fees or commissions, noting that many games are skill-based rather than chance-driven.
The Supreme Court’s decision to stay proceedings on the notices from the Directorate General of GST Intelligence (DGGI) is a significant development for the online gaming and casino sectors. This move underscores the need for legal clarity and due process, especially in industries undergoing rapid growth and regulatory change.
Following the decision, Indian gaming company Delta Corp stocks surged by about 17 percent after the Supreme Court issued a stay on the GST demand.
Schezwan Chutney Trademark Dispute | Tata-Owned Capital Foods Sues Dabur in Delhi High Court
On 10th January, 2025, the Delhi High Court issued notice in a hearing where Capital Foods, a Tata-owned company, has taken Dabur to court over the use of the name ‘Schezwan Chutney.’ The issue began after Dabur launched a product with the same name in 2024. Capital Foods argues that it has trademark rights to the term because of its popular Ching’s Secret brand. This case highlights the increasing competition in India’s condiments market.
Justice Mini Pushkarna scheduled the case for a hearing in the last week of February. In October 2024, Dabur filed a petition to cancel the registration of “Schezwan Chutney” from the Trademarks Registry, which is set for a hearing on February 5.
Capital Foods asserted that it has invested significantly in promoting and protecting its trademark “Schezwan Chutney,” which has achieved considerable recognition.
The company also claimed copyright for the unique designs of its products and has previously taken legal action against parties misusing its trademark, with courts recognizing the importance of the Schezwan Chutney mark.
Capital Foods argued that consumers automatically associate “Ching’s Schezwan Chutney” with the name “Schezwan Chutney,” leading to their objection against Dabur’s use of the name. The dispute arose after Dabur launched its product line called “Schezwan 2024.”
According to Capital Foods, Dabur’s packaging emphasizes “Schezwan Chutney” in large font while downplaying its own brand name, which misleads consumers into believing that the product is endorsed by or associated with Capital Foods. This, Capital Foods contended, constitutes an infringement of intellectual property rights.
In its challenge to the registration of “Schezwan Chutney,” Dabur argued that the mark is highly descriptive and generic, indicating the kind, quality, and characteristics of the products sold under that trademark.
Dabur further claimed that allowing the registration of “Schezwan Chutney” would create a monopoly over generic and descriptive terms, as the mark was registered without any disclaimer regarding the lack of exclusive rights to use the generic and descriptive words it contains.
Case Filed Against ‘Jai Hanuman’ Makers Over Depiction of Deity with Human Face
A high court advocate, Mamidal Thirumal Rao, has filed a case against actor Rishab Shetty, director Prasanth Varma, and producers Mythri Movie Makers, alleging that the teaser of their film ‘Jai Hanuman’ portrays Lord Hanuman offensively by depicting him with a human face. Thirumal argues that this depiction focuses more on the actor than the deity, potentially misleading the younger generation about Hanuman’s true form. ‘Jai Hanuman’ is a sequel to the 2024 film ‘HanuMan’.
Read more here.
Disney hit with a copyright suit over Moana
With just over a week before the Academy Awards nominations are announced, Disney faces a lawsuit for allegedly copying the idea for Moana and its sequel. Animator Buck Woodall claims the studio used elements from a screenplay he wrote for a film called Bucky, The Hollywood Reporter reveals.
Woodall’s lawsuit, filed in a California federal court, argues that both Moana and his script follow similar storylines. They feature teenagers from ancient Polynesian villages who defy their parents to embark on dangerous journeys, encountering animal spirits along the way.
In November of 2024, a court ruled that a jury could decide if the works are substantially similar, but Woodall’s initial lawsuit over Moana was dismissed for being filed too late. The release of Moana 2 gave Woodall a fresh opportunity to pursue legal action. The court noted that someone at Disney Animation might have seen Woodall’s copyrighted materials before Moana’s development began.
Moana 2 has been a massive success, with a $224.2 million opening and over $700 million in global revenue. The original Moana earned $687 million worldwide.
Woodall says he shared his screenplay and other materials for ‘Bucky’ with Jenny Marchick, then at Mandeville Films, which had a deal with Disney. The lawsuit lists several similarities and the same are enlisted below:
- The setting of an ancient Polynesian village
- A teenager goes on an ocean adventure that involves the spirits of ancestors manifesting as animals
- Said adventure begins because of a turtle
- A symbolic necklace is important to the story
- A supporting character is a hook-wielding demigod with tattoos
- A large creature is hidden in a mountain
- The crew is sucked into a whirlpool portal
Woodall is seeking $10 billion in damages, equivalent to 2.5% of Moana’s gross revenue, and a court order to stop further copyright infringement. Disney has denied the allegations, stating that Moana was developed independently.
