IPRMENTLAW WEEKLY HIGHLIGHTS (September 30-October 6, 2024)

Kangana Ranaut’s ‘Emergency’ to see cuts suggested by CBFC, Bombay HC disposes plea by Zee

The Bombay High Court disposed of Zee Entertainment’s petition alleging that the Central Board of Film Certification (CBFC) was “illegally” and “arbitrarily” withholding certification for the Kangana Ranaut-starrer Emergency film. The decision was taken after Zee Entertainment Enterprises, a co-producer of the film, informed the Bombay High Court that certain changes including cuts suggested by the revising committee of the CBFC were agreed with.

“It is needless to say that while disposing of this petition, the Court has neither considered nor commented on the merits of the contentions of either parties. Any observations made in earlier orders shall be treated only as prima facie observations. All rights and contentions of parties are reserved,” a division bench of Justices B P Colabawalla and Firdosh P Pooniwalla noted in the order.

“Vicky Vidya Ka Woh Wala Video” Faces Plagiarism Allegations; Legal Notice Sent by Writer Gul Bano Khan and Producer Sanjay Tiwari

“Vicky Vidya Ka Woh Wala Video” has landed in a legal dispute as producer Sanjay Tiwari and writer Gul Bano Khan claim its storyline is based on their 2015 registered concept “Sex Hai Toh Life Hai”. The legal notice, sent to T-Series and others, alleges that the film’s plot—centering on a couple whose private video goes missing—resembles their original work. Gul Bano has also approached the Screen Writers Association to file a formal complaint against the makers.

PIL Filed Against Rajinikanth’s Vettaiyan Over Dialogues Supporting Illegal Encounters

Superstar Rajinikanth’s upcoming film Vettaiyan faces a legal hurdle as a Madurai-based complainant has filed a Public Interest Litigation (PIL), seeking an interim ban on the film. The complainant argues that certain dialogues in Vettaiyan promote illegal encounters and has requested the court to either delete or mute these parts. During the hearing, Justices Subramanian and Victoria Gowri of the Madras High Court issued notices to the Central Board of Film Certification (CBFC) and Lyca Productions, the film’s production house. However, they refused to grant an interim ban on the movie. The case has been adjourned and will be revisited after receiving responses from the concerned parties.

Government to Introduce New Rules for Censorship of Profanity on OTT Platforms

The Indian government is planning to implement new regulations to control the use of profanity and offensive content on OTT platforms. The proposed rules would require stricter content moderation and censorship measures, potentially including mechanisms to beep out objectionable language. This move aims to address concerns raised by audiences and ensure that online streaming platforms adhere to decency standards similar to traditional media.

Read more here.

Maharashtra Stamp Duty Hike to Increase State Revenue by ₹2,000 Crore Annually

The Maharashtra Cabinet has approved amendments to the Maharashtra Stamp Act, 1958, which include a significant hike in stamp duty rates for various types of documents. The stamp duty on affidavits and agreements has been increased from ₹100 to ₹500, while the stamp duty on share capital has been raised from ₹50 lakh to ₹1 crore. Additionally, the minimum stamp duty for partnerships has been set at ₹500, with a maximum cap of ₹50,000. The changes aim to simplify the fee structure and boost annual state revenue by approximately ₹2,000 crore​.

Read more here.

Delhi High Court Orders Cancellation of J&K Firm’s ‘MOLTY’ Trademark in Favor of Pakistan’s Master Enterprise

The Delhi High Court has ruled in favor of Pakistan-based Master Enterprise Pvt Ltd, directing the cancellation of Jammu & Kashmir-based Jay Kay Coir Foam’s trademark registration for the mark ‘MOLTY.’ Master Enterprise argued that it has been using the trademark ‘MOLTY’ for bedding and furniture since 1981 in Pakistan and registered it in 1990. The court acknowledged that despite Master Enterprise not having a physical presence in India, the brand had established a strong “trans-border reputation” through its widespread online availability and international recognition. Justice Saurabh Banerjee noted that Jay Kay Coir Foam’s six-year delay in applying for the trademark and its inability to justify its adoption of the mark raised doubts about its prior use, leading to the decision in favor of Master Enterprise.

Flipkart Sellers Sue CCI, Demand Halt on Anti-Trust Probe Against Amazon and Flipkart

In a recent turn of events, three sellers of Flipkart have sued the Competition Commission of India (CCI) with regards to the ongoing probe going on by the watchdog against Amazon and Flipkart.

The probe, which started in 2020, claims that both the e-commerce giants Flipkart and Amazon practiced anti-competitive practices such as giving preference to select sellers, treating ordinary sellers as mere data bases, and more.

The anti-trust probe that started in 2020 already faced several delays due to appeals by Flipkart and Amazon to overturn it. However, eventually, the CCI went ahead with its investigation and, among other things, found out that in violation of the competition law, both Flipkart and Amazon entered into exclusive agreements with smartphone companies such as Xiaomi and Samsung.

Fraudsters pose as CJI in fake virtual courtroom, dupe industrialist of ₹7 crore

The cybercriminals who duped Padma Bhushan awardee and Vardhman Group chairman SP Oswal of ₹7 crore had conducted a fake Supreme Court hearing to intimidate the industrialist. They warned Oswal to not call or text anyone and ordered him to keep his Skype camera on throughout August 29 and August 30.

They manipulated Oswal with highly convincing documents, including a Supreme Court case paper titled ‘Justice Dhananjaya Y Chandrachud vs Shri Paul Oswal’. They also send a fake document ordering him to be on 24×7 surveillance.

Among those arrested are Atanu Choudhary and Anand Kumar from Guwahati, businessmen who turned to crime because of losses. The police are searching for seven others. They have been booked under sections that deal with extortion, cheating by impersonation, criminal intimidation and criminal conspiracy.

Viacom18 gets I&B ministry approval to transfer TV channels to Star

Reliance Industries Ltd announced that the Ministry of Information and Broadcasting has approved the transfer of licenses of non news and current affairs TV channels of Reliance’s Viacom18 Media Private Limited to Disney’s Star India Private Limited, subject to conditions laid out by the competition watchdog, the Competition Commission of India (CCI).

Meta hit with new author copyright lawsuit over AI training

Novelist Christopher Farnsworth has filed a proposed class-action copyright lawsuit against Meta Platforms accusing the tech giant of misusing his books and others to train its Llama artificial-intelligence large language model.

Several groups of copyright owners including writers, visual artists and music publishers have sued major tech companies over the unauthorized use of their work to train generative AI systems. The companies have argued that their AI training is protected by the copyright doctrine of fair use and that the lawsuits threaten the burgeoning AI industry.