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Weekly Trademark Updates

This week’s trademark updates are as follows: Hero MotoCorp gets permission to use Hero as the trademark for EV business Hero MotoCorp led by Pawan  Munjal gets permission for electric vehicles under the trademark Hero by the arbitration tribunal appointed by the Delhi High Court. The dispute was between two factions of the Munjal family group. Hero electric filed an application for an interim injunction against Hero MotoCorp for using HERO for the electric vehicles. The tribunal refused to grant an…

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Weekly Updates: Copyright and Entertainment Law

This is a weekly update on Copyright and Entertainment Law. Delhi High Court vacates stay order against Hindi dub of Telugu Film The Delhi High Court has recently vacated its earlier order whereby it restrained the production company, M/s Sithara Entertainment, from releasing the Hindi-dubbed version of the Telugu film ‘Bheema Nayak’, which was itself a remake of a Malayalam film “Aayappanum Koshiyum”. The case was initiated against the producers of the Telugu remake, by JA Entertainment, a production company which…

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Weekly Updates: Copyright and Entertainment Law

NBA player sued for copyright infringement Kendrick Nunn, a player for the Los Angeles Lakers, has recently been hit with a copyright infringement suit from curtsied photographer Steven Mitchell. The suit arose after Nunn posted a photograph clicked by Mitchell, onto his social media profiles, without taking any license or permission from the photographer. Mitchell has also previously filed a similar suit against NBA legend LeBron James, which was only recently settled for around 1 million US dollars Ranchi Court…

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Weekly Trademark Updates

This week’s trademark updates are as follows:   Gujarat High Court issues notice to Microsoft in trademark infringement suit A local information technology company, Azure Knowledge Corporation Pvt. Ltd. had filed an appeal before the High Court against the order of the civil court seeking to restrain the global software giant, Microsoft Corporation from using its trademark “Azure”. The lower court has refused the request on grounds that the plaintiff failed to establish any loss or damage suffered by it. On appeal…

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Draft IT (Intermediary Guidelines and Digital Media Ethics Code) Rules Published for comments by MeitY

On 6th June, 2022, the Ministry of Electronics and Information Technology (MeiTY), released a press note inviting public feedback and comments on the ‘Proposed draft amendment to the IT Rules, 2021’. Comments/suggestions on the draft amendment may be shared via email to dhawal.gupta@meity.gov.in and notan.roy@meity.gov.in  in either MS Word (or compatible format) or machine readable PDF format by 6th July, 2022. A formal public consultation meeting is expected to be arranged by Mid-June, the details of which should be notified…

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Weekly News Updates: Copyright and Entertainment Law

This is a weekly news update on Copyright and Entertainment Law. Makers of “Top Gun: Maverick” sued for Copyright infringement A suit for copyright infringement has been filed against Paramount Pictures, the makers of the movie “Top Gun: Maverick”. This suit has been filed by the widow and son of Ehud Yonay, whose 1983 article ‘Top Gun’ inspired this movie’s prequel, “Top Gun”. They have claimed for damages including profits on grounds that Paramount Pictures failed to re-acquire the rights to…

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Weekly Updates: Copyright and Entertainment Law

This is a weekly news update on Copyright and Entertainment Law. Amitabh Bachchan’s ‘Jhund’ Receives Relief from Supreme Court In a recent decision passed by the Supreme Court of India, the feature film ‘Jhund’ starring Amitabh Bachchan among others, was given the green light for screening on OTT platforms in the ongoing copyright infringement claim against the film. The copyright infringement suit was filed by Hyderabad-based director, Nandi China Kumar, who had earlier attempted to prevent theatrical release of ‘Jhund’ on…

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WEEKLY TRADEMARK UPDATES

This week's trademark updates are as follows: Coke Studio v. Cook Studio : The trademark conundrum The ongoing tussle between one Nikhil Chawla,  proprietor , of  "The Chawla Group" against 'The Coca Cola Company', has now been referred to mediation by Justice Pratibha M Singh. The Court stated that both the parties are being referred to the Delhi High Court Mediation and Conciliation Centre on 31st May, 2022 . Mr. Rajeev Varma, Senior Counsel has been appointed as the mediator for…

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Weekly News Update – Copyright and Entertainment Law

This is a weekly news update on Copyright and Entertainment Law.   Punjab and Haryana High Court mandates license for playing music at wedding functions In a recent decision, the High Court of Punjab and Haryana quashed a notice issued by the Registrar of Copyrights, which stated that the utilisation of any sound recordings in the course of religious ceremonies, including marriages, would not require any license to be taken, or any royalties to be paid. The impugned notice was issued in…

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Delhi High Court seeks Prof. Arul George Scaria's Opinion on use of Music in Marriage Ceremonies

Delhi High Court seeks Prof. Arul George Scaria’s Opinion on use of Music in Marriage Ceremonies

In a case between Phonographic Performance Limited (PPL) and Lookpart Exhibitions And Events Private  Limited, Justice Pratibha Singh of the Delhi High Court has sought an expert opinion from Professor Arul George Scaria on the legislative history and scope of Section 52(1)(za) of the Copyright Act. The specific question  raised is whether use of music in marriage ceremonies and social events is exempted under Section 52(1)(za), and whether such a use may be considered as fair use. The provision reads as…

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