IPRMENTLAW WEEKLY HIGHLIGHTS (August 12-18, 2024)

‘Defamatory & Reckless’ : Bombay High Court Asks Malayali YouTuber To Take Down Video Against Malabar Gold

The Bombay High Court recently restrained a Malayali YouTuber Shajan Skariah from making any “defamatory” posts against Malabar Gold Limited and further issued a directive to him to pull down an ‘objectionable’ video already posted on the social media platform.

Read order here.

Madras HC Allows Release Of Vikram’s Thangalaan After Producer ‘Studio Green’ Complies With Court Order

Chiyaan Vikram starrer Thangalaan has been approved by The Madras High Court for theatrical release on Wednesday after producer K.E. Gnanavelraja complied with the court’s direction to deposit Rs. 1 crore into the account of the Official Assignee of the High Court.

Delhi HC Settles 23-Year-Old Trademark Dispute; Restrains Crocodile International From Using Similar Mark To Lacoste

The Court stated that the visual and conceptual similarities between the two marks constituted trademark infringement under Section 29(1) of the Trade Marks Act, 1958, as the similarity was likely to confuse and deceive consumers. “The visual and conceptual parallels between the marks support a strong case for trademark infringement, underscoring the importance of protecting the distinctiveness of the Lacoste trademarks,” the Court noted.

The Court restrained Crocodile International from manufacturing, selling, offering for sale, or advertising any products bearing the disputed trademark. Additionally, the Bench directed the company to account for the profits earned from the sale of goods bearing the Crocodile mark since August 1998, when Crocodile International launched its products in India.

Read order here.

Ravi Teja’s ‘Mr Bachchan’: CBFC asks makers of the Telugu film to replace Amitabh Bachchan-Rekha’s poster with that of Jaya Bachchan

‘Mr Bachchan’ is the remake of Ajay Devgn’s ‘Raid’ which released in 2018. The Telugu film released on the eve of Independence Day. CBFC has now asked the makers of the film to make few changes. They have asked the makers to replace Amitabh Bachchan-Rekha’s poster with that of Jaya Bachchan.

Delhi High Court passes John Doe order to protect IPR of sitcom Taarak Mehta Ka Ooltah Chashmah

The Delhi High Court recently restrained a host of YouTube channels, websites, and social media handles from infringing or copying any trademark, title, character, or any other intellectual property of the popular sitcom Taarak Mehta Ka Ooltah Chashmah.

The order will cover platforms illegally selling the show’s merchandise, copying its character, AI images, deepfakes and animated videos.

Read order here.

‘Stree 2’ poster sparks plagiarism controversy over ‘Stranger Things’ resemblance

When comparing the two posters side by side, social media users and Redditors have highlighted the similarities in color tonality, with a prominent blue in the lower half and a vivid orange in the upper. Even the placement of the characters and the font are similar. The cast is arranged in a pyramid formation on the poster: Rajkummar Rao at the top, with supporting cast members Abhishek Banerjee, Aparshakti Khurana, and Pankaj Tripathi below him, and Shraddha Kapoor at the center of the bottom row. The makers are now accused of directly lifting the poster from the fantasy series.

MIB extends draft broadcast bill consultation date to 15 October

The ministry of information & broadcasting (MIB) has announced that the last date for receiving comments/recommendations/suggestions on the much-talked-about draft broadcasting bill has been extended to 15 October 2024. It also attached the draft Broadcasting Services (Regulations) Bill, 2023 which it had released on 10 November 2023 with the tweet, and not the “2024 draft version” which has been doing the rounds of several publications.

Indian athletes step up fight against publicity rights violations by brands

Sports marketing agencies Baseline Ventures and IOS Sports have issued legal notices to brands on behalf of PR Sreejesh and Manu Bhaker, respectively, for using their image or name in their marketing campaigns without prior permission of the athletes, or without having any official association with the international or Indian Olympic committees.

Baseline has asked Apollo Tyres to compensate Sreejesh for gaining exposure from his Olympics 2024 performance without authorisation or financial arrangement.

TV serial script writer Mahesh Pandey arrested for duping film producer of Rs 2.65 crore

The accused, Mahesh Pandey has been booked under charges of cheating and breach of trust.

The Amboli police arrested a scriptwriter and director in television industry for allegedly defrauding a film producer of Rs 2.65 crore. The accused allegedly breached the terms and conditions in the agreement of a project and caused wrongful loss to the complainant, said police.

Kerala HC dismisses Malayalam film producer’s plea against disclosure of Hema Committee report

The Kerala High Court dismissed the petition filed by Malayalam film producer Sajimon Parayil challenging the State Information Commission’s (SIC) order to disclose the Justice K Hema Committee report, which addresses issues facing women in the Malayalam film industry.

Dismissing the petition filed by Sajimon Parayil, a single bench of Justice VG Arun directed the state government to release the report within a week.

The committee submitted its report to the government in 2019, but the state declined to make it public despite several requests under the Right to Information Act. On July 5 this year, the State Information Commission directed the disclosure of the report after redacting certain portions. The commission stated that making the report public was in the larger public interest.

Film producer Sajid Nadiadwala and Banijay Asia partner to invest ₹100 crore in movies and shows

Sajid Nadiadwala’s film production house Nadiadwala Grandson Entertainment (NGE) and Banijay Asia, a part of Banijay Entertainment, have partnered to create original series and films, as well as adaptations of popular international hits, with a total investment of ₹100 crore.

Anti-piracy alliance ACE settles copyright infringement cases with IPTV operators

The Alliance for Creativity and Entertainment (ACE) has announced settlements with three US-based illegal IPTV operators.

As part of the settlements, the operators are required to pay over $2 million in financial compensation to ACE.

Apple has been sued for Copyright Infringement regarding Two Photographs illegally presented on Apple Music’s website

Notwithstanding Plaintiff’s multiple attempts (over a period of months) to get Defendant to take down the unauthorized use of the Work, Defendant failed and/or refused to remove the First Photograph from its website/social media app. With respect to the Second Photograph, Defendant only caused such to be taken down after several months and multiple communications from Plaintiff.

Cox Communications takes copyright infringement battle with record labels to US Supreme Court

Cox Communications, one of the US’s largest internet service providers, has asked the US Supreme Court to overturn a lower court’s ruling that held it liable for music copyright infringement allegedly carried out by its subscribers.

Cox was sued in 2018 by numerous record companies, including those owned by Sony Music Entertainment (the lead plaintiff), as well as Universal Music Group and Warner Music Group.

The music companies argued that Cox Communications “knowingly contributed to, and reaped substantial profits from, massive copyright infringement committed by thousands of its subscribers.”

Spotify Defeats Eminem Publisher’s Copyright Infringement Claims

Rapper Eminem’s publisher’s copyright infringement claims against Spotify are barred because it made a “strategic choice” to manufacture damages, a federal judge ruled.

Eight Mile Style LLC was either aware that Spotify was committing infringement of Eminem’s music or aware the streamer was probably infringing and declined to investigate because it preferred the infringement to continue, Judge Aleta A. Trauger said in an opinion Thursday in the US District Court for the Middle District of Tennessee.

NeuralGarage and UFO Moviez Partner to Revolutionize Film Production and Viewing with GenAI Technology “VisualDub”

NeuralGarage has collaborated with UFO Moviez, showcasing the way how GenAI technology can be brought to its customers directly paving the way for mass adoption.

UFO Moviez has exclusive rights to bring this technology to film studios & film producers releasing their films in India across all languages. This collaboration is set to transform the way film goers watch films which have been dubbed and brings an authentic viewing experience to them through the usage of GenAI technology.