Naik Naik & Company - Advocates

"Supreme Court Of India’s Ruling On Dual Roles For Advocates; An Analysis" In the Supreme Court's recent ruling on the case of Mohd Kamran vs. State of Uttar Pradesh, the issue of dual professional roles took center stage, echoing the intriguing dual identity portrayed in Netflix’s Do Patti (2024). Just like one of the lead characters in Do Patti juggles the roles of a police officer and a lawyer, Mohd Kamran found himself caught between the professions of law and journalism. The Supreme Court’s judgment reinforced that, unlike the fictional world, in real life, such dual roles are not permissible for practicing advocates. The Court cited the Bar Council of India (BCI) Rules, which prohibit advocates from engaging in other professions that could conflict with their legal duties, emphasizing that the legal profession requires full commitment to its ethical standards, particularly confidentiality and impartiality. This judgment underscores the importance of maintaining clear professional boundaries, just as Do Patti explores the complexities of dual identities in a gripping fictional narrative. The ruling sends a strong message that, while the allure of juggling multiple roles may captivate on screen, real-life legal professionals must choose one path, either law or journalism, to preserve the integrity of their practice. Read the full article by NEVIL C. & Aayushi Udani: https://lnkd.in/e4n5Yx4w #LegalArticles #Articles #NaikNaikAndCo #DoPatti #LegalEthics #DualRoles #BarCouncilOfIndia #SupremeCourt #LegalProfession #Journalism #MohdKamranCase #ProfessionalBoundaries

Fundamental Right To Privacy Includes Spousal Privacy: Madras High Court In a recent case, the Madras High Court, led by Justice G.R. Swaminathan, upheld the fundamental right to spousal privacy in a matrimonial dispute, ruling that evidence obtained through unauthorised surveillance is inadmissible in court. The case involved a husband submitting his wife's call data record without her consent as evidence in a petition for dissolution of marriage. The wife contested the admissibility of this evidence, citing a violation of her privacy. The court examined the intersection of privacy rights and the legal provisions under the Indian Evidence Act and recent privacy laws, ultimately ruling in favor of protecting spousal privacy as a fundamental right. Justice Swaminathan's judgment emphasized that spousal privacy is a critical aspect of marital relations and cannot be compromised without a fair legal framework. Drawing on landmark judgments and international precedents, the court underscored that evidence procured through privacy breaches undermines trust in relationships and should not be admitted in matrimonial cases. This decision sets a significant legal precedent, highlighting the importance of privacy protections and the need for a clear, robust privacy law in India. Read the full article by Seema Meena & Manasvi Shah: https://lnkd.in/eRSkXyJN #LegalArticles #Articles #NaikNaikAndCo  #NNCO  #SpousalPrivacy #FundamentalRights #PrivacyLaw #IndianLaw #MatrimonialDisputes #LegalPrecedent #CourtRuling #PrivacyProtection #FamilyLaw

"A Tale As Old As Time; Mohanlal’s Barroz Faces Infringement Claims From Author" The Malayalam fantasy film Barroz – The Guardian of D’Gama’s Treasure has come under legal scrutiny due to allegations of copyright infringement related to its source material. The claims, raised by author George Thundiparambil, suggest that the film's story closely resembles his novel Maya, and that the adaptation rights were not properly acquired. The author contends that discussions about adapting his book into a film took place in 2016, but no formal agreement was reached. Despite these claims, the filmmakers, including Mohanlal and director Jijo Anthony, maintain that the adaptation was original, and the case is still pending in court. This controversy highlights the complexities of adaptation rights under copyright law, particularly in India, where distinguishing between inspiration and infringement can be challenging. Filmmakers must secure the appropriate rights to adapt existing works, and the court's decision in this case is anticipated to provide important guidance for future adaptations in the film industry. The ongoing case underscores the importance of understanding the legal framework surrounding adaptations to ensure compliance and protect the interests of both original and adapted work creators. Read the full article by Dayita Panicker & Shaanal Shah: https://lnkd.in/e-v9mcji #LegalArticles #Articles #NaikNaikAndCo  #NNCO  #CopyrightLaw #FilmAdaptation #IntellectualProperty #LegalCompliance #CreativeRights #IndianCinema #AdaptationRights #FilmIndustry #Barroz

Navigating Copyright Issues in the Digital Landscape: Universal City Studios LLC. vs. DotMovies.Baby In the landmark case of Universal City Studios LLC v. DotMovies.Baby, the Delhi High Court, under Justice Prathiba Singh, introduced the innovative “Dynamic+ injunction” to tackle the growing challenge of online piracy. This ruling allowed copyright holders, such as major Hollywood studios, to target not only specific infringing websites but also any future variations or mirror sites that emerge. The court recognized the dynamic nature of digital piracy, where infringing sites rapidly alter their URLs and IP addresses to evade detection, and thus, this injunction empowers content owners to notify ISPs and the Department of Telecommunications (DoT) to block infringing domains without further court intervention. The judgment marks a significant step forward in copyright enforcement in the digital age, offering a proactive solution to protect intellectual property rights in an environment where piracy is increasingly sophisticated. Justice Singh also highlighted the importance of global cooperation to address the transnational nature of online piracy and emphasized the need for evolving legal frameworks to tackle the challenges posed by digital piracy. This case sets a valuable precedent for future copyright enforcement in India and beyond. Read the full article by Vamika Gidwani & Yukta Bhatia: https://lnkd.in/eD9iuiv4 #LegalArticles #Articles #NaikNaikAndCo  #NNCO  #DigitalPiracy #CopyrightEnforcement #DynamicPlusInjunction #IPProtection #DelhiHighCourt #CopyrightLaw #EntertainmentIndustry #OnlinePiracy #TechInnovation

The Bombay High Court, grants bail under Proviso to Section 45 of Prevention of Money Laundering Act, 2002 to Mr. Naresh Goyal, former Non-Executive Director/Non-Executive Chairman of the Jet Airways (India) Ltd. Click here to read more: https://lnkd.in/eQGVu5vV Special thanks to team of Naik Naik & Company - Advocates constituting of Mr. Ameet Naik, Mr. Abhishek Kale, Mr. Harish Khedkar, Mr. NEVIL C., Ms. Antara G. Kulkarni and Ms. Rebecca Singh. #NaikNaikAndCo #NNCO #MoneyLaundering #PMLA #BombayHighCourt #Bail #MedicalBail

Copyright Clash: Singham Theme Pulled From YouTube After T-Series Copyright Strike The copyright dispute surrounding the title track of Singham Again highlights the growing importance of intellectual property rights in the Bollywood film industry. T-Series, which owns the original Singham soundtrack, raised concerns about a resemblance between the new track and the classic theme, leading to a quick resolution where the song was modified to avoid legal complications. This incident underscores the challenges filmmakers face in balancing creative continuity within established franchises while respecting copyright laws. As industry increasingly navigates copyright claims, particularly with the rise of OTT platforms and remix culture, filmmakers must carefully manage intellectual property to ensure smooth production. The case also points to the need for flexible copyright practices that can support both creative freedom and the protection of original works. Read the full article by Aishee Choudhury & Yukta Bhatia: https://lnkd.in/ex-2murR #LegalArticles #Articles #NaikNaikAndCo  #NNCO #CopyrightInBollywood #SinghamAgain #MusicRights #FilmIndustry #IntellectualProperty #TSeries #FranchiseContinuity #BollywoodMusic

Our Managing Partner Mr Ameet Naik speaks at IBA conference Delhi on personality rights ✨ #NaikNaikAndCo #AmeetNaik #IBA #personalityrights #legalconference

In Episode 23 of The NNCO Legal Station 2.0, Ms. Muskkaan Verma, Our Senior Associate at Naik Naik and Co., sheds light on the landmark case of Zydus Wellness vs. Prashant Desai, exploring the evolving legal responsibilities of social media influencers in India, especially in relation to free speech and public health claims. #NaikNaikAndCo #NNCO #Legalstation #Podcast #InfluencerLaw #SocialMediaInfluencers #FreeSpeech #LegalPodcast #ZydusWellness #HealthClaims #PublicHealth #SocialMediaRegulation #InfluencerMarketing #IndianLaw #LegalInsights #ConsumerProtection #ASCI #CourtRuling

"Did you know? The Taj Mahal Palace in Mumbai is the first Indian building to be trademarked for its architectural design! Registered in 2017.  #NaikNaikAndCo #NNCO #didyouknow #TajMahalPalace #Trademark #ArchitecturalDesign #MumbaiLandmarks

Trademark Infringement: Bombay HC Grants Interim Relief To Skechers Skechers South Asia Pvt. Ltd. filed a lawsuit against the Defendants for selling counterfeit footwear and accessories bearing Skechers' trademarks and artistic works in Nashik and Indore. The company sought a permanent injunction to protect its intellectual property, emphasizing the risk of consumer confusion and damage to its brand reputation. The Bombay High Court, after reviewing the case, granted an interim injunction in favor of Skechers, restraining the Defendants from using any marks or artistic works similar to Skechers' on the counterfeit goods. The court also appointed Receivers to enforce the order and monitor the seizure of the infringing products. This interim relief highlights the importance of protecting intellectual property rights and maintaining brand integrity in competitive markets. The court recognized the significant harm that could result from counterfeit goods and the need for swift legal action to uphold trademark and copyright protections. The decision sets a crucial precedent for other brands facing similar infringements, reinforcing the value of prompt legal recourse in safeguarding brand identity. Read the full article by Vyoma Patel, Rutvik Mehta & Simran Jayarao: https://lnkd.in/e9Y9cZRH #NaikNaikAndCo #NNCO #LegalArticles #Articles #TrademarkProtection #IntellectualProperty #CounterfeitGoods #Skechers #LegalRelief #BrandIdentity #BombayHighCourt #IPLaw #Copyright #BrandProtection