In Neela Film Productions Private Limited v. Taarakmehtakaooltahchashmah.Com & Ors., the Delhi High Court granted an ex-parte ad-interim injunction in favor of Neela Film Productions Private Limited, the creators of the widely recognized television show “Taarak Mehta Ka Ooltah Chashmah” (“TMKOC”).
The Plaintiff filed this case against various defendants, including website operators, e-commerce platforms, and YouTube channels, who were infringing on the plaintiff’s intellectual property rights associated with the show. Neela Film Productions argued in the case that the defendants were unlawfully exploiting the TMKOC brand by using its name, characters, and other proprietary elements to generate commercial revenue without authorization. According to the Plaintiff, the infringing activities included the sale of unauthorized merchandise such as t-shirts and mugs, the creation of AI-generated images, and the distribution of videos, some of which contained explicit content that tarnished the show’s reputation. The Plaintiff underscored the immense popularity and goodwill of TMKOC, emphasizing its status as India’s longest-running daily sitcom with a substantial following both domestically and internationally.
After reviewing the facts, the court recognized the Plaintiff’s strong prima facie case, noting that the unauthorized use of the TMKOC brand could cause irreparable damage to the Plaintiff’s reputation and intellectual property. The court issued a broad injunction restraining the defendants from hosting, streaming, broadcasting, or selling any content that infringes on the Plaintiff’s copyright and trademark rights. This order extended to content that involved the misuse of the show’s characters, title, or other protected elements. Additionally, the court directed YouTube and other intermediaries to block or remove the infringing content within 48 hours and to provide details of the defendants to the Plaintiff.
The case is set for further proceedings on December 16, 2024, with the court emphasizing the need to protect the Plaintiff’s rights against the widespread and ongoing infringements.
Citation: Neela Film Productions Private Limited v. Taarakmehtakaooltahchashmah.Com & Ors., CS(COMM) 690/2024 (Delhi High Court Aug. 14, 2024). Available at: http://indiankanoon.org/doc/110364234/, Visited on: 25/08/2024.
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