IPRMENTLAW WEEKLY HIGHLIGHTS (APRIL 28 – MAY 4, 2025)

Influencers Can Criticize Brands Based on Facts: Delhi High Court

While nothing astonishing from a legal point of view, it’s an important judgment in today’s intellectual crisis — the Delhi High Court has ruled that social media influencers are entitled to criticise consumer brands, provided their claims are backed by evidence. The order came while rejecting San Nutrition’s plea to restrain four influencers, including Arpit Mangal, from posting negative reviews of its whey protein. Justice Amit Bansal held that reasonable criticism, parody, and even strong language are protected under Article 19(1)(a) of the Constitution. The Court noted that barring such speech before a full trial would curtail free expression and deprive the public of health-related information. (see more here) The court accordingly remarked, “Since influencers shape consumer behaviour, their critique significantly impacts a brand’s reputation, which is why there is also an undeniable tension between business entities and the influencer community.”

ASCI Clarifies on Influencer Guidelines: Credentials Needed Only for Technical Advice, Not Generic Promotions

ASCI has revised its rules for influencer marketing in BFSI, health, and nutrition sectors. Now, influencers need to declare qualifications if they offer technical advice, not for general promotions or public service messages. The updated ASCI guidelines, in sum, distinguish between generic promotions and technical advice. For instance, a chef promoting healthy meals or an influencer encouraging annual health checkups doesn’t need formal credentials. See this TOI report for more.

PIL Targets Celebrities and ASCI Over Illegal Gambling Ads

A Public Interest Litigation filed in the Punjab and Haryana High Court accuses the Advertising Standards Council of India (ASCI) and several celebrities, including Ranbir Kapoor and Kiara Advani, of promoting illegal online betting platforms like Fairplay and 1xBet. The PIL alleges that ASCI failed to enforce advertising regulations, enabling misleading endorsements that glamorise gambling, particularly harming youth. It seeks penal action against endorsers and regulatory bodies, invoking the provisions of the Consumer Protection Act and IT Act. (See here for more)

India bans 16 Pakistani YouTube channels after Pahalgam attack

India has banned 16 Pakistani YouTube channels, including major media outlets like Dawn News, Geo News, and ARY News, citing national security and misinformation concerns. The move follows the Pahalgam terror attack and forms part of a broader diplomatic crackdown. Other actions include expelling Pakistani military staff, suspending the Indus Waters Treaty, shutting the Attari border post, suspending all visas for Pakistani nationals, and advising Indian citizens to leave Pakistan. The ban was enforced under the IT Rules 2021 based on the Ministry of Home Affairs recommendation. (See here for more)

ED Charges Fairplay with ₹4,500 Crore Money Laundering in Online Betting Scam

​​The Enforcement Directorate (ED) has filed a chargesheet against Fairplay, an online gaming and betting platform, alleging ₹4,500 crore in money laundering. The platform reportedly used shell pharma firms, bogus imports/exports, and offshore entities to reroute user deposits. The case began after Viacom18 complained about Fairplay illegally streaming IPL matches. Founders Krish Shah and Siddhant Iyer (alias Joe Paul), believed to be in the UAE, have been named along with others, and lookout notices have been issued. The ED claims Fairplay even allowed betting on the 2024 Lok Sabha elections and earned ₹45–55 crore/month during peak sports seasons. (See here for more)

Plagiarism Row Over Kesari Chapter 2, Amicably Resolved

Following the release of Kesari Chapter 2, poet and YouTuber Yahya Bootwala accused the makers of plagiarising lines from his poem on Jallianwala Bagh. He shared a video highlighting the similarities, particularly in a scene featuring Ananya Panday. The poem, originally published on UnErase Poetry’s YouTube channel five years ago, was allegedly copied without credit. However, Yahya has now confirmed that the producers have amicably resolved the matter. Based on lawyer C. Sankaran Nair’s fight for justice post the 1919 massacre, the film has crossed ₹100 crore at the global box office. (see here for more)

​​Director Nandakumar Alleges Story Theft in Hit Malayalam Film Thudarum; Investigation Underway

In a complaint lodged with Mulamthuruthy Police, director Nandakumar AP claims that the plot of Thudarum, starring Mohanlal, closely mirrors his original story, Raman. Nandakumar alleges his work, conceived in the early 2000s and saved in 2021, was shared with industry figures and used without permission in the film. (see here for more)

Delhi High Court Issues Notice to BCCI in Champak Copyright Dispute, Denies Interim Relief

The Delhi High Court has issued a notice to the Board of Control for Cricket in India (BCCI) regarding a copyright infringement suit filed by Champak magazine publishers over naming a robotic dog in the Indian Premier League 2025. The magazine claims that BCCI’s use of the name “Champak,” its registered trademark, for the robotic dog without permission is damaging its brand. However, the court declined to grant interim relief, noting that the name was chosen through a fan poll and questioning the commercial element of the use. BCCI’s legal counsel argued that the name was not directly associated with the magazine but also used for characters in popular media. (See here for more)

US Places India on 2025 Intellectual Property Priority Watch List, again (!)

The US Trade Representative’s (USTR) 2025 Special 301 report has placed India on its intellectual property “priority watch list,” highlighting persistent IP protection and enforcement challenges. The report points to ongoing patent issues and inconsistent progress in strengthening IP laws. While acknowledging efforts by India to raise awareness and improve its IP regime, the USTR notes a lack of resolution on long-standing concerns, particularly regarding patent revocations and procedural challenges under the Indian Patents Act. India joins China, Russia, and Canada among the 25 countries under scrutiny. (See here for more)

Relatedly, see Dr. Anson C J’s post, titillatingly titled: Why Should the U.S. Have All the Fun? India Must Consider Publishing a Biopiracy Watch List at SpicyIP.

Plagiarism Row Over Tamil Short Film ‘Seeing Red’

Journalist Jeyarani has accused filmmaker Shalini Vijaykumar of plagiarising her short story Sevvarali Poocharam in the film Seeing Red, selected by MAMI’s “Shot on iPhone” initiative. In an Instagram post, Jeyarani said the film not only copied her work without credit or consent, but also distorted its critique of caste and gender oppression by framing it through a Brahminical lens. She has demanded a public apology and the removal of the film and warned of legal action. Shalini denied the claims, calling the similarities coincidental and asserting that Seeing Red is inspired by her family experiences. (See here for more)

Warner Music Sues DSW Over TikTok Music Use, Seeks over $ 30 Million in Damages

Warner Music Group has sued U.S. shoe retailer DSW and its parent company, Designer Brands Inc., for allegedly using over 200 copyrighted songs in TikTok and Instagram posts without permission. The lawsuit, filed in Ohio, accuses DSW and its influencer partners of using tracks by Cardi B, Lizzo, Madonna, and others to promote products, despite the company’s history of licensing music for traditional ads, including past deals with Warner. Warner is seeking damages of up to $150,000 per work, making potential claims above $30 million. (see here for more)

Madras HC Demands Reply from Cable Operators Over Copyright Violations

The Madras High Court has asked Tamil Nadu cable operators and Multi-System Operators (MSOs) to respond by June 9 to iHorse Pictures’ petition alleging unauthorised broadcast of licensed music and film content. iHorse, which holds rights from major labels like Sony and Saregama, claims 700+ channels violated TRAI rules. It also seeks ₹50 lakh in damages from Vel TV. (see here for more)

Pakistani Drama Sher Faces Plagiarism Backlash Over Resemblance to Ram-Leela

The teaser of Pakistani Sher, starring Danish Taimoor and Sarah Khan, has sparked plagiarism claims for mirroring a key scene from Ram-Leela (2013). Viewers pointed out the visual and stylistic similarities — from the gun standoff to the costumes — with Sarah in a ghagra choli akin to Deepika Padukone’s look. (see here for more)

Delhi High Court Restrains Baba Ramdev from Using Communal Slurs in Rooh Afza Dispute

The Delhi High Court has directed yoga guru Baba Ramdev to cease using communal slurs, including the term “sharbat jihad,” in reference to Hamdard’s Rooh Afza beverage. This order follows a defamation suit filed by Hamdard National Foundation, which alleged that Ramdev’s remarks were defamatory and incited communal disharmony. The court emphasized the importance of refraining from language that could disrupt social harmony and instructed Ramdev to remove any related content from social media platforms.

Read more here.