Sudarshan Mohta

Quick Update: The Delhi High Court recently granted a dynamic injunction in the favour of Warner Bros, Netflix, & other entertainment companies in their suit against rogue websites, in order to protect their copyrighted works. Read more at: https://lnkd.in/dAfFmNhc Contributed by Adity Chaudhury (Partner) and Mahek Shivnani (Associate). #CopyrightLaw #DelhiHighCourt #MediaLaw #EntertainmentLaw #IntellectualProperty #ArgusPartners

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EBC Publishing (P) Ltd & Anr. vs. Parents Responsibility & Ors. (Cs(Comm) Delhi High Court Takes Action Against Counterfeit Books available on E-Commerce Platform. In a significant ruling, the Delhi High Court has directed e-commerce giants Amazon and Flipkart to block listings of counterfeit books from 'Eastern Book Company' (EBC). The counterfeit titles, including 'C.K. Takwani's Civil Procedure' and 'R.V. Kelkar's Criminal Procedure', were found to be low-quality replicas, with inferior prints and non-functional ISBN barcodes. Justice Sanjeev Narula observed that the subtle differences between the original and counterfeit books could easily go unnoticed by consumers, potentially damaging EBC’s reputation. The court restrained the defendants from printing, selling, or advertising these books and mandated that Amazon and Flipkart remove the infringing listings and provide warehouse addresses. This decisive action underscores the need for vigilance against intellectual property violations in the digital marketplace. #IntellectualProperty #Counterfeiting #LegalNews #ECommerce #DelhiHighCourt

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Can the Court pass orders for trademark infringement in an execution petition? Delhi HC answers Read More Here- https://lnkd.in/gJBa96fq #DelhiHighCourt #Betnesol #BETNEVIN #DecreeHolder #ExecutionPetition #Glaxo #judgmentdebtor #trademarkinfringement #scconline #SCC #legalnews #legalknowledge #scctimes #legalblog #legalupdates #lawstudent #legalresearch #legalstudies #surestwaytolegalresearch #bringingyouthebestlegalnews

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"Supreme Court Mandates Self-Declaration Certificates for All Advertisements Starting June 2024" Archi Gala, Associate at VMH & Associates shares “On 7 May 2024, the Supreme Court mandated that all advertisers and advertising agencies submit a ‘Self Declaration Certificate’ before publishing or broadcasting any advertisement. In response, the Ministry of Information and Broadcasting (MIB) has introduced a new feature on the Broadcast Seva Portal for TV and Radio ads and on the Press Council of India’s portal for Print and Digital/Internet ads. The certificate, signed by an authorised representative, must be submitted through these portals, which will be activated on 4 June 2024. This is required for all new ads issued, telecast, aired, or published from 18 June 2024 onwards. A two-week buffer period is provided for stakeholders to adapt to this new process. The certificate ensures that the ad does not contain misleading claims and adheres to relevant regulations, including Rule 7 of the Cable Television Networks Rules, 1994, and the Press Council of India's Norms of Journalistic Conduct. Advertisers must provide proof of uploading the certificate to relevant media platforms. No ad will be permitted on television, print, or internet without a valid Self Declaration Certificate, aiming to ensure transparency, consumer protection, and responsible advertising. The MIB urges full compliance from all advertisers, broadcasters, and publishers.” https://lnkd.in/gUMSXsfD

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Procedural orders directing consolidation of related petitions not appealable under Section 421 of Companies Act: NCLAT Reproted by Ritu Singh Read More Here- https://lnkd.in/gezmdZYx #NationalCompanyLawAppellateTribunal #CompaniesAct #consolidationofpetitions #NCLAT #NCLT #Proceduralorders #Section421CompaniesAct #scconline #SCC #legalnews #legalknowledge #scctimes #legalblog #legalupdates #lawstudent #legalresearch #legalstudies #surestwaytolegalresearch #bringingyouthebestlegalnews

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In the matter of Mr. Sanjay Arora vs Jasmer, the Delhi High Court restrained the defendant from using the marks ‘TIGER’ or ‘TIGER KISSAN PIPE’ or any other marks identical or deceptively similar to that of the plaintiff's registered trademark TIGER. The defendant was restrained from using the impugned marks as a wordmark or part of a logo/device, part of a trade dress, domain name, promotional campaign or brochure as it had failed to establish itself as the prior user of the mark than the plaintiff.   Authors Manisha Singh and Siddharth Pandey provide valuable insights on the case and the court’s ruling, shedding light on the judiciary's unwavering commitment to combat deceptive trademark practices and safeguard the rights of legitimate trademark holders. To know more about the case, read our article first published by Lexology: https://lnkd.in/gCpzBwJ9    #Trademark #TrademarkDispute #TrademarkRights #TrademarkProtection #TrademarkLaw #FairCompetition #IntellectualProperty #IPR #DelhiHighCourt #LegalAnalysis #CourtProceedings

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𝐃𝐇𝐂 𝐩𝐚𝐬𝐬𝐞𝐝 𝐚𝐧 𝐢𝐧𝐭𝐞𝐫𝐢𝐦 𝐢𝐧𝐣𝐮𝐧𝐜𝐭𝐢𝐨𝐧 𝐨𝐫𝐝𝐞𝐫 𝐚𝐠𝐚𝐢𝐧𝐬𝐭 𝐭𝐡𝐞 𝐟𝐥𝐚𝐠𝐫𝐚𝐧𝐭 𝐢𝐧𝐟𝐫𝐢𝐧𝐠𝐞𝐦𝐞𝐧𝐭 𝐛𝐲 𝐞𝐦𝐩𝐥𝐨𝐲𝐢𝐧𝐠 𝐭𝐡𝐞 “𝐛𝐚𝐢𝐭 & 𝐬𝐰𝐢𝐭𝐜𝐡” 𝐦𝐞𝐭𝐡𝐨𝐝 𝐭𝐨 𝐫𝐞𝐝𝐢𝐫𝐞𝐜𝐭 𝐮𝐬𝐞𝐫𝐬 𝐭𝐨 𝐭𝐡𝐞 𝐮𝐧𝐥𝐚𝐰𝐟𝐮𝐥 𝐰𝐞𝐛𝐬𝐢𝐭𝐞𝐬. The Delhi High Court recently issued an interim injunction in the case of Games 24x7 v. 10xbet, addressing significant trademark and copyright infringement. Represented by Inttl Advocare, the plaintiff highlighted that the defendants used a “bait & switch” tactic to redirect users to unlawful gambling sites, mimicking the plaintiff's website and links. The Court's ruling highlights the importance of judicial protection against intellectual property violations and deceptive practices, granting an injunction to prevent further infringement and directing the suspension of infringing domains. #legalupdate #legalorder #delhihighcourt #trademarkinfringement #copyrightinfringement #intellectualproperty #unlawfulwebsite #gambling #injunctionorder

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#ArticleAlert Partner and litigation expert, Deepak Gogia writes about a recent judgement by the Delhi High Court that prevented the misuse of compulsory licensing petitions to bypass licensing requirements, reinforcing the rights of copyright holders.   ✨Key Highlights: ➡ The Court upheld Phonographic Performance Limited's copyright, directing Al-Hamd Tradenation to secure a license and pay the appropriate fees before using the copyrighted recordings. ➡ The Court emphasized that filing for a compulsory license does not diminish the rights of the copyright holder, nor does it allow unauthorized use. ⚖️ This judgement deters parties from using copyrighted works without proper licenses and ensures rightful compensation for copyright holders.   Read the full case summary here: https://lnkd.in/gJnUpE58 #copyright #infringement #IPlaw #intellectualproperty #KandSPartners

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The Canvas Communication vs Phonographic Performance Limited case before the Delhi High Court rekindles the debate over copyright exemptions under Section 52(1) (a) of the Copyright Act, 1957. The plaintiff, an event management firm, sought a declaration that using the defendant's sound recordings in wedding events doesn't infringe copyright. The Court issued an interim order directing the plaintiff to deposit Rs. 1 lac as license fees for using the defendant's songs.   Authors Manisha Singh and Shubhankar Sharma Sushil Sharma discussed how this case prompts a closer look at how copyright exemptions can accommodate cultural practices while safeguarding commercial interests. For detailed analysis, read the full article first published by Lexology: https://lnkd.in/gcySHATD   #Copyright #CopyrightLaw #CopyrightInfringement #CopyrightProtection #CopyrightCase #IPRLaw #IntellectualPropertyRights #DelhiHighCourt #LegalNews #LegalUpdate

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Bombay High Court quashes circular exempting music played at weddings from copyright action. Simran Jha, Associate at VMH & Associates, shares "The Bombay High Court in Goa recently invalidated circular issued by the Government of Goa on January 30, 2024, that exempted music played at weddings from copyright infringement under the Copyright Act [PPL v. State of Goa]. Phonographic Performance Limited (PPL) challenged this circular, arguing that it violated their rights as copyright holders to take action against unauthorized use of sound recordings at wedding events. The court, led by Justice MS Karnik and Justice Valmiki Menezes, found that the circular improperly expanded the scope of Section 52(1)(za) of the Copyright Act, which only exempts performances during bonafide religious ceremonies, not weddings. The court emphasized that the determination of what constitutes a bonafide religious ceremony should be evaluated on a case-by-case basis, highlighting that the circular's inclusion of weddings exceeded the statutory language of the Copyright Act. The circular, which attempted to guide law enforcement against what it termed "illegal demands" for royalties, was seen by the court as an interference with the enforcement mechanisms provided under the Copyright Act. PPL's stance, supported by Sonotek Cassettes Company, was that the circular impeded their ability to pursue copyright infringement claims, potentially undermining legitimate royalty collections. Represented by Senior Advocate Nitin Sardessai, PPL argued that the State's Home Ministry lacked the authority to interpret or alter copyright law through such a circular. The court ultimately sided with PPL, noting that the circular restricted the rights of copyright societies to enforce the law. Despite the defense presented by Additional Government Advocate Deep Shirodkar, who claimed the circular was intended to prevent the misuse of police power in copyright matters, the court found that it unlawfully constrained copyright holders' rights under the Act." https://lnkd.in/dTgt7wwU

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In a pivotal legal battle, Network18 Media & Investments Limited and its affiliates sought relief from the Delhi High Court against several rogue websites (www.brawlersfightclub.com & Ors.) accused of infringing their intellectual property rights. The Court, recognising the urgency and gravity of the situation, issued a comprehensive injunction against the Defendants, prohibiting them from infringing on Network18's registered marks, passing off these trademarks, and violating the personality rights of their senior anchor, Mr Anand Narsimhan.   Authors Manisha Singh and Amritaa Priyodarshini discuss how the Court's decision sets a precedent for swift and decisive action against online infringements, reinforcing the importance of legal frameworks in safeguarding creators and their content. For detailed insights on this significant legal development, read the full article published on Lexology: https://lnkd.in/gBQwFU6Y #Trademark #TrademarkLaw #TrademarkAct #TrademarkInfringement #CopyrightProtection #DigitalRights #DigitalFraud #TrademarkProtection #DelhiHighCourt #IntellectualProperty #IPR #IPProtection

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Citing gross delay and strong likelihood of confusion, court refuses CEAT’s appeal In a recent ruling, the Delhi High Court upheld the decision to refuse CEAT Limited’s trademark application for “FARMAX.” Citing significant delay and potential confusion with existing marks, the Court dismissed the appeal. The decision underscores the importance of timely action and highlights the necessity for distinctiveness in trademark applications. #BananaIP #IntellectualProperty #Trademark #CEAT #DelhiHighCourt #Farmax https://lnkd.in/gPSGp8x2

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𝐓𝐞𝐥𝐞𝐬𝐜𝐨𝐩𝐞: 𝐃𝐞𝐛𝐫𝐢𝐞𝐟 𝐨𝐧 𝐓𝐫𝐞𝐧𝐝𝐬 The Delhi High Court recently ruled that copyright protection cannot be given to vague and abstract subjects that only express a general idea. The Court examined Section 45 of the Copyright Act, which permits authors, publishers, or interested parties to apply for copyright registration. The application must include Form XIV, which contains a "Statement of Particulars" and a "Statement of Further Particulars." The court decided that a 'basic filtration process' should be used when reviewing copyright applications, following guidelines in the Manual, which should be regularly updated for accuracy. The Court cancelled the copyright registrations for phrases like "Coming Soon" and common titles like "Advertisement" because they are widely used and belong to the public domain. This decision clarifies that materials normally available in the public domain in the form of ideas and generic terms do not qualify for copyright protection. #CopyrightProtection #IntellectualPropertyRights #DelhiHighCourt #LegalDevelopments

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**Big win for content creators!** The Delhi High Court just granted a dynamic injunction to protect copyrighted works from Netflix, Disney, Universal Studios, and others. This is a big win for the entertainment industry! This injunction helps fight infringement by blocking access to 26 websites that illegally host and distribute copyrighted content. This is especially important because the court recognized the need to protect "future works," meaning new creations will be shielded as soon as they're released. This is a great step forward in protecting intellectual property and ensuring creators are fairly compensated for their work. Read this article by Nitish Kashyap: https://lnkd.in/gxqBEJN5 #Copyright #IntellectualProperty #Entertainment #Law #ContentCreation

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Lacoste chomps down Crocodile, wins injunction based on prior use of Trademark The Delhi High Court ruled in favor of Lacoste in its trademark infringement suit against Crocodile International. Lacoste was granted a permanent injunction to prevent Crocodile International from using a deceptively similar crocodile logo in India, with the Court ruling that Lacoste's trademark rights had been violated. Crocodile International was also ordered to submit statements of profits made since 1998. #CaseReviews #IntellectualProperty #Trademarks #CoexistenceAgreement #CopyrightInfringement #CrocodileInternational #DelhiHighCourt #IntellectualProperty #Lacoste #Passingoff #TrademarkInfringement #trademarklaw

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The Hon’ble Supreme Court, in Writ Petition Civil No. 645/2022-IMA & Anr. Vs. UOI & Ors. has issued directive in its Order dated 07.05.2024, that all advertisers/ Advertising Agencies must submit a ‘Self-Declaration Certificate’ before publishing or broadcasting any advertisement. Following the Hon’ble Supreme Court’s directive, the Ministry of Information and Broadcasting has introduced a new feature on the Broadcast Seva Portal of the Ministry of Information and Broadcasting (MIB) for TV and Radio Advertisements and on Press Council of India’s portal for Print and Digital/Internet Advertisements. The certificate, signed by an authorized representative of the advertiser/advertising agency, needs to be submitted through these portals. Follow us here at NKG Advisory Business & Consulting Services Pvt. Ltd. for more intriguing content on Compliance, Regulatory services, and consulting for D2C brands. Visit our website www.nkgabc.com to know more To start your registration process: Email- [email protected] or call 9711197602 #regulatory #regulations #services #business #marketing #service #instagram #technology #products #profile #newsletter #LinkedIn #Information #Tax #Audit #Finance #Notice #Preparation #Compliance #Technology #Entrepreneur #NKGinsights #NKG #India #Governement #LinkedIn #LinkedInInsights

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Our Senior Partner, Sumit Ghoshal, Partners, Aman Gera and Shagun Badhwar, and Associate, Somya Pant, write on the order passed by the Supreme Court of India in the matter of Indian Medical Association & Anr. v. Union of India & Ors. (Writ Petition (Civil) No. 645 / 2022) ("Order") which has caused a massive stir in the recent past and has far reaching implications for the entire advertising ecosystem. The Order, amongst other things, deals with the issue of misleading advertisements and responsibility of advertisers, advertising agencies and endorsers. In their article "Self-Declaration for Advertisements – Genuine Safeguard or Cosmetic Compliance?", our authors have provided insights into the directions passed in the Order vis-à-vis the mandate of self-declaration for advertisements, corresponding impact on the relevant stakeholders and its usefulness in combating misleading advertisements.   Please click on the following link to read the article: https://lnkd.in/dr_tJCBE   #advertising #selfdeclaration #misleadingadvertisements AZB & Partners

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