Bombay High Court Grants Interim Relief to Burger King in Trademark Infringement Case
The Burger King Corporation had sought a permanent injunction from the Bombay High Court in order to restrain Pune’s Burger King restaurant from exploiting its trademark ‘Burger King’.
The Bombay High Court has granted interim relief to Burger King Corporation in this trademark infringement case against the Pune-based burger also using the name, ‘Burger King.’ The decision follows an appeal by Burger King challenging a July 16, 2014, order by Pune district judge Sunil Gangadharrao Vedpathak, which had been in favor of the Pune restaurant. The High Court has now issued an ad-interim stay on that order.
The Division Bench of Justices A.S. Chandurkar and Rajesh Patil ruled that the ad-interim stay would remain in effect until the next hearing, scheduled for September 6.
Case: Burger King Corporation v. Anahita Irani and Another
You can read more about it here.
Airtel to Shut Down Wynk Music, Partners with Apple for Content Offers
Airtel is set to discontinue its Wynk Music app, as the telecommunications giant enters a strategic partnership with Apple to provide customers with exclusive music and video content. Later this year, Airtel customers in India will receive special offers for Apple TV+ and Apple Music, marking a significant shift in Airtel’s content delivery strategy. The company has confirmed that all employees of Wynk Music will be absorbed within the broader Airtel ecosystem.
As part of the new deal, Apple TV+ will be integrated into Airtel’s Xstream platform, which will be available through premium subscription plans. The financial terms and pricing details of this partnership remain undisclosed.
You can read more about it here.
PIL Filed in Punjab and Haryana High Court Against Kangana Ranaut’s Film ‘Emergency’
A Public Interest Litigation (PIL) has been filed in the Punjab and Haryana High Court seeking the cancellation or revocation of the certification granted to the film ‘Emergency,’ starring Kangana Ranaut. The petitioners, Gurinder Singh and another individual, allege that the movie targets the Sikh community by projecting false and erroneous facts, thereby attempting to “destroy the social fabric of Punjab” and promoting hatred between religious groups.
The PIL requests that the Union of India and the Central Board of Film Certification (CBFC) be directed to delete the objectionable scenes from the film, which is scheduled for release on September 6.
You can read more about it here.
Former Indian Ocean Band Members File Complaint Alleging Non-Payment of Royalty
Susmit Sen, a former member of the Indian Ocean band, and Sunita Chakravarty, the widow of co-founder of the band Ashim Chakravarty, lodged a police complaint against current band members Rahul Ram and Amit Kilam. The complaint, filed in New Delhi, also named Kandisa Music Productions Pvt Ltd, the company managing the band.
According to reports, Sen and Chakravarty accused Ram and Kilam of failing to pay royalties since 2020-21. The allegations include charges of criminal conspiracy, criminal breach of trust, cheating, misappropriation, falsification of accounts, money laundering, and embezzlement. The complainants claim they have been deprived of royalties amounting to over half a crore rupees per person, with Chakravarty not receiving any payments since 2021.
You can read more about it here.
OpenAI Asserts Fair Use Defense in Response to Copyright Allegations
OpenAI responded in California federal court to allegations that it misused the works of authors, including Michael Chabon, Ta-Nehisi Coates, and comedian Sarah Silverman, to train its artificial intelligence language model. The company defended its practices, arguing that its use of copyrighted content constitutes fair use, essential for teaching models like the one behind ChatGPT to generate original material.
In its court filing, OpenAI stated, “The models learn, as we all do, from what has come before,” emphasizing that the fair use doctrine exists to foster the development of new ideas that build on previous works. While both OpenAI and Meta previously persuaded the judges to dismiss some claims, the courts have yet to address the fundamental issue of whether training AI models using internet-scraped material constitutes widespread copyright infringement.
You can read more about it here.
Vee Files Copyright Infringement Lawsuit Against Guru Randhawa and T-Series
Vikram Shapribhan Singh, professionally known as Vee, has filed a lawsuit against singer Guru Randhawa, T-Series, and Hungama Digital Media Entertainment Pvt. Ltd., in the Bombay High Court, alleging copyright infringement. The case centers on claims that T-Series unlawfully used Vee’s sound recordings, works, and performances without proper authorization, resulting in significant financial and reputational damage.
The dispute dates back to Vee’s collaboration with Guru Randhawa, beginning in December 2016. Vee contends that Randhawa had promised financial compensation, appropriate credits, and a 50 percent share of publishing royalties for his contributions. However, these promises were never formalized, and Vee claims he was not credited for several tracks, including the hit song “High Rated Gabru.”
You can read more about it here.
Delhi High Court Declares ‘Boroline’ a Well-Known Trademark
The Delhi High Court has officially recognized ‘Boroline’ as a “well-known trademark” under the Trade Marks Act and has ordered a company to change its product’s trade dress to avoid resemblance to the widely recognized antiseptic cream. The court emphasized the significant goodwill and market popularity of the ‘Boroline’ trademark, noting its recognition not only in India but also in countries like Oman and Turkey.
The ruling came in response to a lawsuit filed by G D Pharmaceuticals, the owner of the Boroline brand, against Cento Products (India) for manufacturing and selling a “deceptively similar” product named ‘Borobeauty.’ It was argued that Cento Products adopted Boroline’s distinct “trade dress,” specifically the dark green tube with an octagonal black cap, for its soothing cream, which constituted a violation of intellectual property law.
The court restrained Cento Products from continuing to manufacture and sell ‘Borobeauty’ in its current form and directed the company to modify its trade dress and trademark to ensure they are completely distinct from Boroline’s well-known brand identity.
You can read more about it here.
Delhi High Court Orders Removal of Fraudulent Websites Misusing the ‘Mudrex’ Trademark
The Delhi High Court issued a directive to take down several websites that are allegedly misusing the trademarks associated with the crypto-investment platform “Mudrex” to deceive customers.
The plaintiff accused various entities of unauthorized use of the “Mudrex” trademark, claiming that the websites were operated in a dishonest manner to mislead the public into making investments. The court, recognizing the potential for irreparable harm to the plaintiff, granted an ex-parte ad-interim injunction, restraining the defendants from using the “Mudrex” trademarks or any deceptively similar marks.
Justice Mini Pushkarna, in the interim order, directed the offending parties, identified as John Doe or unknown entities, to take down the infringing websites within 48 hours. The court further clarified that if the defendants fail to comply, the competent authorities would take immediate action to block access to the fraudulent websites.
You can read more about it here.
Supreme Court Stays Notification issued by Ministry of Ayush
The Supreme Court stayed a notification issued by the Ministry of Ayush that had omitted Rule 170 of the Drugs and Cosmetics Rules, 1945 that prohibits misleading advertisements of Ayurvedic, Siddha, and Unani drugs. A bench comprising Justices Hima Kohli and Sandeep Mehta stated that the ministry’s notification was in direct violation of the Court’s earlier order.
On May 7, 2024, the Supreme Court had mandated that before any advertisement is issued, a self-declaration must be obtained from the advertisers, following the guidelines laid down by the Ministry. Despite this directive, the Ministry of Ayush issued a notification on July 1, 2024, omitting Rule 170, contrary to the Court’s order. Therefore the Court stayed the effect of this notification until further orders.
You can read more about it here.
MIB Eases Self-Declaration Certificate Requirements for Food and Health Sector Ads
The Ministry of Information and Broadcasting (MIB) has proposed that only advertisements in the food and health sectors be required to submit a Self-Declaration Certificate (SDC), according to an affidavit filed in the Supreme Court, as reported by Hindustan Times. The Ministry clarified that the responsibility for filing these SDCs rests solely with private companies and advertisers, not advertising agencies. Additionally, the MIB recommended that start-ups and micro and small enterprises (MSMEs) be exempt from filing SDCs.
This follows the MIB’s July advisory, which directed advertisers and advertising agencies in the food and health sectors to upload annual SDCs on the Broadcast Seva Portal (for TV/Radio) or the Press Council of India’s portal (for print media/internet). The advisory, issued in compliance with a court order, required advertisers to make certain declarations regarding misleading advertisements.
You can read more about it here.
NCLT Approves Merger of Viacom 18 Media with Star India
On Friday, the National Company Law Tribunal (NCLT) approved the merger of Reliance Industries-owned Viacom 18 Media with Star India. This decision, made by a two-member NCLT bench, also includes a composite Scheme of Arrangement involving Viacom 18, Digital 18, and Star India.
The NCLT, observed that the scheme appears fair and reasonable, complies with legal provisions, and does not contravene public policy. The NCLT noted in the order that the scheme will only become effective after receiving approval from the Competition Commission of India. The proposed scheme involves transferring Media Operations Undertaking from Viacom 18 and Jio Cinema to Digital18, a Viacom 18 subsidiary, followed by the demerger and transfer of the V18 Undertaking from Digital18 to Star India.
You can read more about it here.
Zee and Sony enter into a Settlement Agreement, following the failed Sony-Zee Merger
The $10 billion merger between Zee Entertainment and Sony India (Culver Max Entertainment) has a new development where both parties have entered into a settlement agreement. Zee Entertainment announced on August 27 that it had reached a settlement with Culver Max Entertainment Private Limited (formerly Sony India) and Bangla Entertainment Private Limited. This follows after the merger between Zee and Sony did not take place and was called off by Sony, leading to certain claims being made by Zee to recover its costs and damages.
You can read more about it here.
Bombay High Court Imposes Rs 50 Lakh Cost on Premier Stationery for Trademark Violation
The Bombay High Court has imposed a penalty of Rs 50 lakh on Premier Stationery Industries Pvt. Ltd. for “wilful and deliberate disregard” of its August 2017 order, which had restrained the company from using a deceptively similar trademark to Pidilite Industries Ltd.’s ‘Fevicol’.
Pidilite had initially filed a suit against Premier Stationery Industries for infringing on their FEVICOL MR Artistic Work and FEVICOL MR Bottle trademarks. The court’s 2017 order barred Premier from violating Pidilite’s trademark rights. In 2021, Pidilite approached the court again, claiming Premier resumed reproducing the essential features of its products.
Premier Stationery Industries argued that the current owners, who acquired the company after 2017, were unaware of the court’s order and prior undertakings. The original owners contended they should not be held responsible for violations occurring after the sale of the company. Justice Riyaz Chagla, however, rejected these arguments, noting that both past and present owners were related and had provided false statements. The judge determined that the violations constituted willful and deliberate contempt of court, leading to the imposition of a Rs 50 lakh cost as a penalty.
You can read more about it here.
Calcutta High Court allows Release of “The Diary of West Bengal”
The Calcutta High Court declined to issue an interim order restraining the release of the Hindi film The Diary of West Bengal, observing that in a democratic setup, healthy criticism should not be stopped .
A public interest litigation (PIL) had been filed seeking to halt the film’s release, alleging that it portrays the Chief Minister of West Bengal in a negative light. Although the court was not inclined to grant immediate relief, it agreed to list the matter for a hearing in three weeks, allowing the senior advocate representing the petitioner to make detailed submissions in support of the petition.
You can read more about it here.
Delhi High Court Issues Injunction and Damages in Louis Vuitton Copyright Infringement Case
In a recent suit filed by Louis Vuitton Malletier, the Delhi High Court granted a permanent injunction against the defendants regarding the use of photographs and images owned by the plaintiff. Justice Mini Pushkarna emphasized that the core issue was the unauthorized use of these copyrighted materials by the defendants.
The Court restrained the defendants from using the photographs, images, and promotional material in question. Additionally, it ordered the defendants to pay Rs. 5,00,000 directly to Louis Vuitton Malletier in France, as costs were requested by the plaintiff to be paid directly to France.
You can read more about it here.
Telugu Film Industry Women Push for Release of Sexual Harassment Report from Telangana government
Leading women actors, producers, and directors in the Telugu film industry are urging the Telangana government to release a two-year-old report on sexual harassment as a crucial step towards ensuring a safer working environment. There are ongoing discussions by the Movie Artistes Association and the Telugu Film Chamber of Commerce on addressing these issues.
On August 30, the Voice of Women (VoW), a support group for women in the industry, issued a statement highlighting the need for transparency and action, drawing comparisons to the Hema Committee’s findings on sexual exploitation in Malayalam cinema. The statement has gained significant traction, thereby amplifying calls for the report’s release and effective measures to combat harassment.
You can read more about it here.
