HIGH COURT MARCH 2024 ROUNDUP | Stories on 2006 Mumbai fake encounter; Arvind Kejriwal Arrest; W.B. Assembly Election 2021; UPSC Prelims 2024; and more
A quick legal roundup to cover important stories from all High Courts in March 2024
Copyright
Delhi High Court: ‘Subscription Fee’ income not classified as ‘royalties’ or ‘included services’ under DTAA and IT Act
Delhi High Court elucidated the treatment of subscription fees vis-à-vis royalties and technical services under both the Double Taxation Avoidance Agreement (DTAA) and the Income Tax Act and clarified the distinction between income from subscription fees and payments for intellectual property rights or technical consultancy services.
‘Attempt to indulge in smart copying’; Delhi HC restrains Hermes Distillery from selling liquor under label ‘PEACE MAKER’ in suit by Allied Blenders and Distillers
“The differences showed that extraordinary effort has been put by defendant in identifying differences and the broad similarities are so obvious at the first look that the differences are nudged into oblivion.”
‘Not an original artistic work’; Delhi High Court cancels copyright registration of ‘Arras The Boss’ in a suit by perfume brand ‘Hugo Boss’
“Impugned artistic work is not an original artistic work and primarily consists of mark ‘BOSS’, which does not belong to Respondent 1 and even the colour scheme of petitioner is substantially imitated by Respondent 1, which will supplement the finding that the impugned registration is not an original work.”
Delhi HC temporarily restrains Cornerstone Sport and Entertainment Pvt Ltd. from playing copyrighted songs of Phonographic Performance Limited
“Failure to grant such injunction is bound to result in continued infringement of copyright. Accordingly, the principles of balance of convenience and irreparable loss would also justify grant of interim injunction as sought.”
Delhi HC restrains DJ Light and Sound Association Chandigarh from misinforming public that no licence required to play Phonographic Performance Limited music recordings
“It is further pointed out that, without filing any response to the present plaint, Defendant 2 is continuing to mislead the public into believing that no license is required to be obtained from the plaintiff before exploiting the recordings in which it has copyright.”
Delhi High Court restrains rogue websites from disseminating copyright content of Universal City Studios
Technology has posed a major challenge for entities like the Plaintiffs as there is a proliferation of many platforms including websites from where unauthorised, unlicensed and pirated content of the Plaintiffs can be downloaded, accessed and viewed by customers and viewers.
Bombay High Court refuses interim relief against production of Goodachari 2
“Ordinarily, once a finding is rendered that no prima facie case is made out, no discussion is warranted on the aspects of grave and irreparable loss and balance of convenience.”
Allahabad HC upholds Trial Court’s interim order restraining a manufacturer from using ‘Musa Ka Gul Super’ Trade Mark
“The dissolution of partnership is one aspect and its effect on carrying on business by making different arrangements to defeat rights of a registered trade mark owner, is altogether a different thing”
Humans of Bombay cannot claim copyright on images, photographs or videos; Delhi High Court refuses injunction against People of India
The present suit relates to the idea of a storytelling platform, there can be no monopoly over the running of such a platform. However, all such platforms that share stories about various individuals/subjects would be attaching/incorporating their own creative ways to communicate and disseminate the said stories, which constitute the expression. Such expression is protectable under Copyright law.
‘Easy for sellers to proliferate images and dupe customers’; Delhi HC grants injunction to Tibra Collection, a seller on Meesho, against its garments copyright infringement
“While E-Commerce provide new platforms for small designers and businesses, the same ought not to be misused for the purposes of imitating and producing look alike products thereby violating any intellectual property rights.”
WYNK v. TIPS Copyright Battle | “Statutory licenses under Section 31D restricted to traditional non-internet-based radio and television broadcasting and performances”; Bombay High Court affirms Single Judge order
Wynk claimed that Section 31D covers all kinds of dissemination that may be encompassed by the phrase “broadcast” or “communicating to the public”, but does not expressly say anything about the internet, does not prohibit or forbid internet-based services, radio-like or not.
Delhi High Court refuses to restrain the use of the song ‘JALSA’ in movie ‘MISSION RANIGANJ’
The present case highlights the precarious position in which artists, film producers, companies who manage rights in music, and others are placed due to the execution of multiple agreements in respect of the same work.
No copyright can be claimed in scriptures; their adaptations are entitled to copyright protection: Delhi High Court
“There can be no copyright claimed in the Scriptures. However, any adaptations of the said work including providing explanation, summary, meaning, exegesis/interpretation or creating any audio-visual works being transformative works, will be entitled to copyright protection.”
Delhi High Court imposes Rs. 20 lakhs damages on rogue websites for illegally streaming the film ‘Brahmastra Part One: Shiva’
“Piracy of cinematograph films is one of the biggest causes for losses in the film industry. Thus, various legislative steps have been taken to curb piracy and recently, amendments have been carried out in the Cinematograph Act, 1952 to deal with piracy in a much stricter manner.”
[Copyright Infringement] Bombay High Court refuses to grant interim injunction to Shemaroo Entertainment
Bombay High Court perused the assignment deed pertaining to the film ‘Amba’ and opined that ‘the said work’ indicates plaintiff’s failure in making out a prima facie case of only audio rights being assigned to the defendant.
Delhi High Court refuses injunction against Harpercollins Publisher for novelizing screenplay of 1966’s Nayak; holds Satyajit Ray, not RD Bansal owns copyright
The screenplay of the film is entirely the work of Satyajit Ray. ‘Nayak’ was also entirely the directorial effort of Satyajit Ray. The plaintiff, RD Bansal is merely the producer of the film.
Delhi High Court grants interim injunction in favour of Red Chillies Entertainment for taking down upcoming film ‘Jawan’ leaked clips
In the instant case clips and stills from the film ‘Jawan’ were already available on the internet over various platforms, though no license to broadcast or transmit any part of the film has, to date, been granted by the plaintiff to any entity.
Patent infringement requires copying only ‘essential features’ of suit patent; Delhi High Court refuses to grant injunction
The Delhi High Court observed that “Dichotomizing the claims and the accompanying specifications is, therefore, contrary to the most fundamental canons of patent law.”
Madras High Court examines the scope and ambit of S. 174 of CGST Act in context of Notifications issued under the repealed tax regime
The practice and procedure, both pre and post GST are consistent and involve participation of the officer of the DGGI in issuance of show cause notices.