IPRMENTLAW WEEKLY HIGHLIGHTS (NOVEMBER 7-13)

Bengaluru Court orders blocking of Twitter handles of Bharat Jodo Yatra and Congress Party in a copyright infringement suit

In a copyright infringement suit filed before a Bengaluru Court, the Court ordered blocking of Twitter handles of Congress Party and Bharat Jodo Yatra. The Court while arriving at this decision ruled that if the alleged illegal use of the sound recordings from the movie ‘KGF-Chapter 2’ was encouraged, the Plaintiff would suffer irreparable harm and injury. Further, the Court held that if such an act is allowed, it would result in encouraging piracy at large.

Netflix, Vir Das among four booked for infringement of Copyright

Ashwin Gidwani, a producer and who is also a managing director of Ashwin Gidwani production private limited has filed a complaint against OTT platform, Netflix, actor and stand-up comedian, Vir Das and two others before the Mumbai Police under the Copyright Act. In the complaint, is is alleged by the complainant that the four violated a copyright agreement related to a script and show known as “History of India VIRitten (2010)” by using concept and content of the said script and show for making a new one called “Virdas for India”.

Thane MLA, Pratap Sarnaik writes a letter to the CM asking to form team of historians in order to avoid disputes over films

After screening of the Marathi movie, ‘har har Mahadev’ which ran into trouble in various parts of the state over allegations that the said movie distorted the history of Chhatrapati Shivaji Maharaj, MLA, Pratap Sarnaik wrote a letter to the CM- Eknath Shinde. The said letter sought formation of a review committee comprising of historians so that such instances could be avoided in the future. The letter further suggested that scripts of movies based on history should be first approved by the review committee.

Guidelines for Uplinking and Downlinking of Satellite Television Channels in India, 2022 has been approved by the Cabinet

Guidelines for Uplinking and Downlinking of Satellite Television Channels in India, 2022 has been approved by the Union Cabinet. The objective of the said guidelines is to ease issue of permission to LLPs and companies registered in India for Uplinking and Downlinking of TV Channels, use of Digital Satellite News Gathering, setting up of Teleports/Teleport Hub, temporary uplinking of a live event among various other things.

The All India Gaming Federation has petitioned before the Madras High Court to overturn a TN legislation that prohibits internet gaming.

The petitioner contended that online games such as poker and rummy are games of skill rather than chance and hence should not have been forbidden. In this case, the Federation questions the validity of the Tamil Nadu Prohibition of Online Gambling and Regulation of Online Games Ordinance, 2022. The petitioner has also asked for a temporary stay of execution. The Federation also noted in its petition that they are always striving to ensure that online gaming is done appropriately. According to the petitioner, all of its members and online gaming firms are supposed to follow a charter that requires players.

Meta has successfully defended its new logo in a trademark lawsuit.

Meta Platforms Inc, which changed its name from Facebook Inc in October 2021, has denied that its blue ‘infinity’ logo has been stolen. On Thursday, November 9, a federal judge in San Francisco dismissed Dfinity Foundation’s complaint, which argued that Meta’s emblem may lead to consumer confusion with its own brand. According to US District Judge Charles Breyer, the logos’ varied designs and targeted audiences were sufficient to avoid misinterpretation. Breyer also allowed Dfinity the ability to amend its complaint. Facebook rebranded as Meta in 2021 to reflect its new focus on the’metaverse.’ Its new logo incorporates both the word ‘M’ and an infinity symbol, signifying that the metaverse offers limitless possibilities.

The Bombay High Court has refused to quash an interim injunction granted to Mumbai’s Haji Ali Juice Centre in a trademark infringement case.

According to the Court, the defendants’ mark seems to be identical and deceptively similar to the registered marks used by Haji Ali Juice Centre. The plaintiff’s mark was registered, and the defendants’ mark was deceptively similar to it, according to Justice Manish Pitale.The plaintiff filed one to prolong the relief, while the defendant filed one to vacate the ruling granting the reliefs. Following that, it learned that the plaintiff was fighting abuse of its registered trademark by filing suit long before the current case, showing that there had been examples of establishments utilising identical or deceptively similar marks to the plaintiff’s registered trademark. As a result, the Court decided that the defendants’ alleged suppression of information on the plaintiff’s side was untenable.On the surface, the Court decided that the defendant’s infringing mark was likely to induce consumer misunderstanding. On this basis, the plaintiff was found to meet all of the conditions for awarding interim relief.

After a motion to dismiss was granted, the copyright case for ‘Top Gun: Maverick’ continues.

According to Variety, the lawsuit against Top Gun: Maverick, the highest-grossing film of 2022, will proceed after a court denied Paramount’s bid to dismiss the case on Thursday, November 10, 2022. The complaint was launched in June by the widow and son of author Ehud Yonay, who claimed that the studio neglected to renew the rights to the article on the Navy Fighter Weapons School. The studio stated that the rights were not required because the sequel had no resemblance to the original and facts about the institution are not covered by copyright. However, US District Judge Percy Anderson determined that there are strong parallels between the photograph and the 1983 magazine article.

Take action against internet domain name registrars that fail to comply with court orders: Delhi High Court to the Centre.

The Delhi High Court has directed the Centre to take immediate action against those internet domain name registrars (DNRs) who have failed to comply with its directions and to determine whether they should be permitted to continue functioning in the country. Justice Prathiba M Singh asked the central government lawyer to submit a status report on the actions taken by the Department of Telecommunications (DoT) and the Ministry of Electronics and Information Technology (MeitY), noting that DNRs are bound by the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and must thus ensure compliance with court orders.

The timeline for submissions for Telecommunication (Broadcasting and Cable) Services Interconnection (Addressable Systems) (Fourth Amendment) Regulations 2022 has been extended by TRAI.

The Telecom Regulatory Authority of India (TRAI) issued the ‘Draft Telecommunication (Broadcasting and Cable) Services Interconnection (Addressable Systems) (Fourth Amendment) Regulations 2022’ for stakeholder feedback/comments on September 9, 2022. The deadline for stakeholders to submit written comments has been set for October 7, 2022, with any counter-comments due by October 21, 2022. The deadline for submitting written comments was extended to November 4th, 2022, at the request of some stakeholders, and the deadline for submitting counter-comments, if any, was extended to November 18th, 2022.

The Delhi High Court has awarded Louis Vuitton Rs 20 lakh in costs in a trademark infringement lawsuit against a banned Chinese e-commerce firm.

Despite the undertaking, the high court determined that the products were still accessible online on the Louis Vuitton website, which clearly incorporates the use of the various device and word marks. The high court barred Futuretimes Technology and others from creating, marketing, or offering for sale directly or indirectly any things bearing the registered marks of Louis Vuitton on their website ‘www.clubfactory.com’ or any other portal owned by them. In this case, they decided that due to certain sensitivity,” they simply intended to pursue costs rather than damages.

The Delhi High Court has denied the Founder of Sci-application Hub’s to withdraw admission while accepting the copyright ownership of publishers.

The Delhi High Court denied Alexandra Elbakyan’s motion to retract her previous admission acknowledging ownership of the pub’s copyright. In rejecting the plea for change to the written statement, the judge stated stated that the alteration is not in the form of a clarification or a correction.