IPRMENTLAW Weekly Highlights – November 10-16, 2025

Tamil Film Producers Council proposes profit-sharing model for actors

The Tamil Film Producers Council has introduced a new working module recommending that actors shift from heavy upfront fees to a profit-sharing remuneration model. This is positioned as a structural reform for an industry struggling with escalating production costs and inconsistent box-office returns. The Council argues that linking compensation to actual profits will encourage financial discipline, reduce budget overruns, and align incentives across stakeholders. The proposal has created significant debate, especially among leading actors’ teams who rely on fixed pay structures. If implemented, this may set a precedent for other regional film industries grappling with similar economics.

Sameer Wankhede argues “satire defence not absolute” in Delhi High Court

In proceedings concerning the “Bads of Bollywood” show, Sameer Wankhede contended that creators cannot rely on satire as a blanket defence when the content targets a specific individual, especially a public servant. He submitted that satirical expression must still operate within legal limits and cannot be used to mask reputational harm or alleged defamation. The dispute highlights the tension between artistic freedom, investigative content, and personal rights of officers involved in high-profile cases. The Court will need to evaluate the line between legitimate critique and targeted character portrayal. The outcome could influence the boundaries of documentary-style content in India.

Madras High Court restrains release of Kumki 2 until December 2

The Madras High Court granted an interim injunction against the producers of Kumki 2, restraining the film’s release until 2 December after a financier claimed unpaid dues of INR 1.50 crore plus interest. The court found a prima facie case and held that the balance of convenience favoured the financier, citing risk of irreparable loss if the film released before the claim was determined. The dispute was filed under Section 9 of the Arbitration and Conciliation Act, 1996, underscoring how film-financing issues increasingly trigger arbitration and interim relief. The order highlights that even when a censor certificate is in place, contractual/financial claims can override release plans.

PIL seeks ban on Desiya Thalaivar (biopic of Pasumpon Muthuramalinga Thevar)

A public interest litigation has been filed seeking the ban of the biopic “Desiya Thalaivar” on the ground that it allegedly presents factually incorrect narratives about former CM K Kamaraj and could incite caste tensions between the Nadar and Thevar communities. The Madras High Court has directed the Tamil Nadu government to file its response and has adjourned hearing by a week. The petitioner argued scenes in the film depict demeaning and unverified claims about Kamaraj’s election‐related property transfer, thereby defaming his legacy and stirring communal discord.

Delhi High Court declines to lift injunction on film title use in Bro Code title dispute

In a trademark claim by the beverage company Indospirit Beverages Private Limited, the Delhi High Court refused to grant interim relief to the film-maker seeking to use the title “Bro Code”, noting that staying the judgment would amount to deciding the appeal prematurely. The beverage company claimed the title infringed its registered mark used for alcoholic and non-alcoholic drinks and that the identical use could harm its brand and confuse consumers. The Court thus restrained the production house from using “Bro Code” in promotion and distribution.

Kerala High Court directs Haal makers to resubmit film to Central Board of Film Certification after mandated cuts

The Kerala High Court, presided by Justice V.G. Arun, ordered the makers of the Malayalam film Haal — produced by JVJ Productions and directed by Muhammed Rafeek (Veera) — to resubmit the film to the CBFC after making two specified excisions, including a scene depicting beef biryani and one involving court proceedings. Upon resubmission, the CBFC is required to issue a fresh certificate within two weeks. The court also criticised the CBFC’s initial demand for six removals, observing that film-certification must be judged from the viewpoint of an “ordinary, prudent person” rather than an “oversensitive” viewpoint.

76 % of India’s top influencers flout disclosure norms: Advertising Standards Council of India

The Advertising Standards Council of India (ASCI) has found that 76 % of India’s leading digital influencers, as per the Forbes list, failed to disclose their commercial tie-ups during the April–September 2025 period. The report also indicates that digital platforms flagged 97 % of these violative advertisements, with Meta Platforms responsible for nearly 79 % of the reported violations and Google LLC contributing under 5 %. The majority of issues came from sectors such as offshore/illegal betting, personal care, healthcare, food and education.

CELEBRITY & PERSONALITY RIGHTS

  • Delhi High Court protects Jaya Bachchan’s personality rights

The Delhi High Court restrained unauthorised commercial use of Jaya Bachchan’s image, likeness and other identifiable attributes. The decision reflects the judiciary’s increasing willingness to recognise broad-spectrum personality and publicity rights, even without a codified statute. The Court held that exploiting a celebrity’s persona without consent unfairly capitalises on their reputation and goodwill. This outcome builds on recent Indian jurisprudence expanding protectable celebrity interests in the digital economy. The ruling may also guide brands and advertisers on consent requirements for celebrity-linked promotions.

  • Rapper RBX sues Spotify over alleged AI bots and fake streaming activity

Rapper RBX filed a lawsuit in California alleging that Spotify inflated streaming numbers using AI-driven bots, which distorted engagement metrics and ultimately impacted artist royalties. The suit also implicates broader concerns around transparency in algorithmic systems used by music platforms. If proven, it could expose major vulnerabilities in royalty accounting and digital fraud detection. The case brings renewed scrutiny to AI manipulation within the music industry at a time when regulators are already grappling with AI-generated content. Spotify’s response is expected to shape the narrative on platform accountability.

  • Influencer & entrepreneur Raj Shamani seeks court order to curb unauthorised use of his name and likeness

Raj Shamani has filed a petition in the Delhi High Court, through his counsel, seeking protection of his personality rights by requesting the removal of AI-generated content and other media on social platforms and websites that use his name, persona or trademarks without his consent. The hearing is scheduled before Justice Manmeet Pritam Singh Arora on 17 November 2025.

  • Madras High Court reserves order in personality-rights suit by celebrity chef Madhampatty T Rangaraj against costume designer Joy Crizildaa

The Madras High Court has reserved its judgment in the petition filed by chef-actor Madhampatty T Rangaraj seeking to restrain Joy Crizildaa from making allegedly defamatory social-media posts that he claims impair his professional reputation and personality rights. Crizildaa, in her defence, contends the posts reflect her lived experience and are protected under free speech, and denies exploiting Rangaraj’s personality commercially. The court has directed the parties to file written submissions by 14 November.

AI, COPYRIGHT & PIRACY

  • Meta accused of training LLaMA AI models on pirated books

A public allegation claims that Meta’s LLaMA models were trained on datasets containing pirated, copyright-protected books without permission. This accusation reignites the global debate on dataset provenance, licensing obligations, and transparency requirements for large AI models. If validated, it could expose Meta to copyright liability, similar to lawsuits against other AI developers. The controversy also underscores the gap between technological capabilities and legal frameworks governing AI training data. Policymakers are now under pressure to craft clearer rules for AI training compliance.

  • MIB invites industry inputs to bolster national anti-piracy strategy

The Ministry of Information & Broadcasting has issued an open call for stakeholder comments within 20 days to shape a strengthened anti-piracy regime. The consultation focuses on digital piracy, illicit streaming, enforcement mechanisms and potential statutory updates. This comes at a time when the content industry continues to report significant losses due to organised digital infringement networks. The exercise aims to create a more coordinated response between the government, platforms, and rights-holders. Industry participation is expected to influence the next phase of regulatory tightening.

  • Delhi High Court injuncts Patanjali chyawanprash advertisement

The Delhi High Court restrained Patanjali from airing an advertisement that referred to rival chyawanprash brands as “dhoka” (deceptive), holding that such messaging amounts to impermissible denigration of competing goods. While comparative advertising is allowed, the Court emphasised that it cannot cross into unfair disparagement. The ruling reinforces the standards governing claims, innuendo, and hyperbole in commercial ads. The decision comes against the backdrop of increased scrutiny of Patanjali’s advertising practices. Brands are reminded to avoid negative generalisations about competitors.

  • Bombay High Court stays FIR against Flipkart in Shemaroo copyright dispute

Flipkart secured a stay on an FIR lodged by Shemaroo alleging unauthorised hosting of copyrighted films. The Court observed that criminal prosecution in copyright matters must meet a higher threshold and cannot be triggered mechanically. This interim relief provides breathing room for the platform while the Court examines issues relating to intermediary liability. The dispute underscores ongoing uncertainty around platform responsibility for third-party content. The final outcome could have wider implications for e-commerce marketplace liability frameworks.

  • Delhi High Court restrains rogue sites from streaming India-vs-South Africa & New Zealand series in favour of JioStar

The Delhi High Court granted an ex-parte ad-interim injunction in favour of JioStar, which holds exclusive global digital and television media rights from the Board of Control for Cricket in India (BCCI) for various events including the India-South Africa and upcoming India-New Zealand cricket series. The Court observed that unauthorised streaming by rogue apps and websites undermines JioStar’s investment and causes irreparable harm — hence it restrained them from hosting, streaming, reproducing or distributing the said matches during the period.

TECH POLICY & AI REGULATION

  • India operationalises digital personal data protection rules

The Digital Personal Data Protection Act, 2023 (“DPDP Act”) has now been paired with supporting rules (the Digital Personal Data Protection Rules, 2025) which mark the operationalisation of India’s first standalone digital personal-data law. The rules impose strict obligations on organisations (data fiduciaries) handling digital personal data in India. For example, limiting collection strictly to what is necessary for defined purposes, requiring verifiable parental consent for children’s data, and mandating immediate breach-notification to users and regulators. The framework applies to entities within India and overseas services offering goods or services to Indian data principals or profiling them while in India.

  • Tech industry groups urge MeitY to refine AI content rules

Leading industry associations have urged MeitY to revise its draft AI guidelines to ensure better alignment with global regulatory frameworks. They stress the need to avoid overly restrictive content moderation requirements that could stifle innovation and cross-border collaboration. The groups propose risk-tiered obligations, proportional compliance, and clearer definitions for AI-generated content. Their submission reflects a growing demand for a balanced regulatory approach that protects users without throttling emerging markets. The government is expected to release a revised version of its AI framework in the coming months.

  • MeitY releases SOP for tackling non-consensual intimate content

The new SOP provides a structured process for platforms to detect, report, and rapidly remove non-consensual intimate content (NCIC). It outlines compliance timelines, victim support mechanisms, and coordination pathways with law enforcement. The guidelines represent India’s increasing focus on digital safety, especially for women and minors. Platforms now face stronger expectations regarding proactive monitoring and user redress. This SOP may form the basis of future legislative reforms under the IT Rules.

  • German Court rules against OpenAI on AI use of song lyrics

A German court held that training or generating outputs from copyrighted song lyrics without permission constitutes infringement. The decision marks a significant setback for OpenAI and potentially other AI developers using music content in training datasets. The ruling signals the EU’s stricter stance on protecting copyrighted works in the AI era. It may also embolden rights-holders to pursue similar claims in other jurisdictions. Compliance with copyright licensing in AI training is likely to become a major international issue.

TRADEMARK & PASSING OFF

  • Delhi High Court grants relief to Dream11; refers matter to mediation

The High Court granted interim protection to Dream11 in a trademark dispute involving alleged infringement by a competing platform. After assessing the prima facie strength of Dream11’s mark and the potential for user confusion, the Court opted to refer the matter to mediation. This reflects the judiciary’s increasing inclination to push commercial IP disputes toward alternative resolution mechanisms. The order ensures interim stability for Dream11’s branding pending resolution. Mediation could lead to a faster and more commercially sensible settlement.

  • Bombay High Court restrains The New Indian Express from using the mark outside South India

In a long-running territorial dispute, the Court held that The New Indian Express cannot use its mark outside the agreed southern states, recognising the potential for consumer confusion with The Indian Express. The injunction is based on contractual arrangements and trademark rights that define territorial exclusivity. The Court found prima facie infringement when the mark appeared in regions beyond the permitted zone. The decision reinforces the importance of geographic agreements in media branding. This ruling may shape future media house expansion strategies.

  • Supreme Court revives Crocs’ passing-off suits; dismisses pleas by Bata & Liberty

The Supreme Court upheld orders reviving Crocs’ passing-off suits against domestic footwear companies such as Bata and Liberty, clearing the path for full trial. Crocs alleges that the defendants copied its distinctive trade dress, including the iconic clog design. The Apex Court’s refusal to quash proceedings demonstrates its willingness to allow detailed factual examination in trade dress disputes. This outcome strengthens brand owners’ ability to protect non-traditional marks and product shapes. It also signals stricter judicial scrutiny of imitation in competitive markets.

  • Bombay High Court grants interim injunction to Metro Brands Limited, restrains use of “METRO Footwear” mark

The Bombay High Court has granted interim relief in favour of Metro Brands, restraining a retail store from using the mark “Metro Footwear”, on the basis that it bore an identical or deceptively similar resemblance to the registered “METRO” mark used by Metro Brands since 1955. The Court found that the defendant’s use would likely cause confusion and harm the plaintiff’s goodwill, especially given its long-standing market presence and registration of the mark since December 1972.