TV Today moves Delhi High Court challenging provision of the IT Rules, 2021
After a third party complaint alleging copyright infringement led to the blocking of the media network’s publication Harper’s Bazaar India’s Instagram account, TV Today Network Limited filed an application before the Delhi High Court. Rule 3 (1) (c) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules) has been challenged by the media corporation in their petition.
Read order here.
Delhi High Court declares ‘Haldiram’ as a well-known trademark
On April 3, the Delhi High Court determined that the “Haldiram” mark is a well-known trademark in India and around the world for food items, restaurants, and cafes. It observed that the mark and logo ‘Haldiram’ has been used in the food business since the 1960s and has become a ‘well-known mark’. The high court’s verdict came after a complaint was brought by Haldiram India seeking to preserve its mark ‘Haldiram’.
Read order here.
Delhi High Court issues notice in the Gaurav Bhatia defamation suit
The Delhi High Court issued notices to YouTube channels and social media handles in a defamation case filed by Senior Advocate and Bharatiya Janata Party (BJP) leader Gaurav Bhatia for misrepresenting an incident in a Noida court in which Bhatia was manhandled. Bhatia said that he was manhandled by one lawyer in Noida, but recordings on social media have painted the incident in a different light in an attempt to destroy his name.
Delhi High Court restrains Ashirvad pipes from using marks which are similar to Jaquar
Ashirvad Pipes was temporarily injuncted by the Delhi High Court to refrain from using markings that are similar to the sanitaryware manufacturer Jaquar’s “Artize” and “Tiaara” trade names. Justice C. Hari Shankar said that if an interim injunction was not granted, the infringement would continue, resulting in continuous infringement and intellectual property rights violations against Jaquar until the lawsuit is resolved.
Read order here.
Delhi High Court prohibits the unauthorized use of the “Razorpay” mark in financial scams
An injunction against the use of the “Razorpay” trademark by several anonymous businesses has been imposed by the Delhi High Court. This move is in response to a lawsuit that these entities filed on behalf of the payment gateway service provider, alleging improper use of the trademark. The disabling of the Telegram and WhatsApp accounts and channels has been mandated by Justice Sanjeev Narula. This ruling is accompanied by the observation that Razorpay has built a preliminary case that supports the issuance of an ex-parte ad interim injunction.
Read order here.
Applications for the Renewal or Restoration of Expired Marks for Which No Removal Notice Is Issued Are To Be Decided by the Trademark Registrar, Per Bombay High Court
In cases where no notice under section 25(3) of the Trademarks Act was issued to remove them from the registry, the Bombay High Court has ordered the Trademark Registrar to make a decision about the renewal or restoration of expired trademarks within four weeks of the applications being filed.
Read order here
HCL Technologies claim copyright infringement against French IT firm Atos
HCL Technologies’ lawsuit accusing the French IT company Atos of direct copyright infringement is still pending, according to a US court filing. The US court has partially granted and partially denied Atos’s move to dismiss, confirming the accuracy of the magistrate judge’s conclusions. HCL Technologies is suing Atos for $132 million in damages alleging copyright infringement.
To stop the “predatory” usage of generative AI in the music industry, over 200 celebrities have signed an open letter
More than 200 celebrities have united to demand an end to the “predatory” usage of generative AI in the music business. “Protecting against the predatory use of AI to steal professional artists’ voices and likenesses, violate creators’ rights, and destroy the music ecosystem” is the message of an open letter signed by celebrities such as Billie Eilish, Sam Smith, Jon Bon Jovi, Nicki Minaj, and Katy Perry, addressed to companies that sell machine learning software. The letter asks for stricter regulations on its use.
Additional updates added by Anushree Rauta
Hoichoi Technologies Private Limited v RBI and Ors- Calcutta High Court says that Google Play not itself a Payment Aggregator but RBI will take final call
The Calcutta High Court recently while rejecting Bengali over-the-top (OTT) platform Hoichoi’s plea for protection against de-listing from Google Play Store over its non-acceptance of Google Play Billing System (GPBS) stated that Google Play Store in itself is not a Payment Aggregator (PA) as it only provides different payment methods and does not handle end-to-end payments between apps and their customers.
However, the Court clarified that the Reserve Bank of India (RBI) shall take the final decision on Hoichoi’s complaint which alleged that Google Group companies by employing the GPBS for facilitation of payment transactions on Play Store, were violating the Payment and Settlement Systems Act, 2007.
Read decision here.
TRAI releases Consultation Paper on ‘Inputs for formulation of National Broadcasting Policy-2024’
TRAI has released a Consultation Paper on ‘Inputs for formulation of National Broadcasting Policy-2024’. Read here.
Ministry of Information and Broadcasting, through a reference dated 13th July 2023 requested the TRAI to provide its considered inputs under Section 11 of the TRAI Act, 1997 for formulation of the National Broadcasting Policy. As a first step, TRAI issued a Pre-Consultation Paper on 21st September 2023, to elicit the issues which are required to be considered for the formulation of National Broadcasting Policy. The TRAI received 28 comments. It has examined the issues emanating from the written submissions and meetings, studied various media and industry reports, public documents, international practices and initiatives taken by the Government for the sector to delve into the existing issues of the sector.
The Consultation Paper highlights pertinent issues prevalent in the broadcasting sector with an objective of making India a ‘Global Content Hub’. The Consultation Paper raises questions on the policy and regulatory measures and the strategies to be adopted for increasing the contribution to the economy through universal reach, fostering innovation with focus on R&D, facilitating job creation, skill development and start-up promotion. The paper also discusses on strengthening the public service broadcasting, issues on various segments of media and entertainment sector, combatting piracy and ensuring content security, robust audience measurement system, terrestrial broadcasting and socio-environmental responsibilities.
National Company Law Appellate Tribunal Dismisses IPRS Appeal in Amalgamation Case Involving Novi Digital Entertainment and Star India
The case of “The Indian Performing Right Society Ltd. vs. Novi Digital Entertainment Private Limited & Anr.” was heard by the National Company Law Appellate Tribunal (NCLAT) on April 4, 2024. The case pertained to an appeal filed by The Indian Performing Right Society Ltd. (IPRS) against an order dated February 9, 2024, passed by the National Company Law Tribunal (NCLT), Mumbai Bench. Read decision here.
Background:
- The IPRS had filed an application before the NCLT, Mumbai Bench, seeking copies of documents related to a scheme of amalgamation involving Novi Digital Entertainment Private Limited (Novi Digital) and Star India Private Limited (Star India). IPRS claimed to be an unsecured creditor of Novi Digital and sought to object to the scheme of amalgamation.
- The NCLT dismissed the application, stating that IPRS was not a creditor of Novi Digital or Star India as per their audited financial statements and, therefore, did not have the locus standi to object to the scheme.
Arguments and Findings:
- The IPRS contended that it had a statutory right under the Copyright Act, 1957, to collect royalties from organizations involved in broadcasting, telecasting, and streaming of musical and literary works, and hence it should be considered a creditor of Novi Digital and Star India.
- The NCLAT observed that the IPRS was not recognized as a creditor in the financial statements of Novi Digital and Star India, and its claim was disputed by the respondents. The tribunal noted that a disputed claim cannot be a ground to halt or delay the sanction of a scheme of amalgamation.
- The NCLAT also highlighted that the scheme of amalgamation included a clause ensuring that all liabilities of the transferor company would be transferred to and become the liabilities of the transferee company. Thus, even if IPRS’s claim were to be recognized in the future, its interests would be protected under the scheme.
Decision:
- The NCLAT dismissed the appeal filed by The Indian Performing Right Society Ltd., upholding the order of the NCLT, Mumbai Bench. The tribunal concluded that the IPRS did not have the locus standi to object to the scheme of amalgamation as it was not recognized as a creditor in the financial statements of the respondent companies.
