Entertainment — India Patent Cases
60 decisions indexed
Page 1 of 2 · 60 total
Dharma Production Private Limited v.Bhallaram Choudhary
The Rajasthan High Court addressed an appeal filed by Dharma Production Private Limited seeking a stay on an injunction preventing the release of their movie, 'Jigra,' due to alleged trademark violation. The court initially found that prima facie, naming a movie does not constitute trademark infringement when the appellant is not trading in goods or services under that name. However, given that the film had already been released, the High Court ultimately disposed of the appeal while directing the Trial Court to proceed with the temporary injunction application and the main suit strictly according to law.
The Football Association Premier League Limited v.Yoghurt Tv & Ors.
The Football Association Premier League Limited filed a suit seeking permanent injunction for the infringement of its copyrighted content by various 'Rogue Apps' like Yoghurt TV. The court initially granted procedural exemptions sought by the plaintiff regarding pre-litigation mediation and advance service upon regulatory bodies (DoT/MEITY). Crucially, the court also passed a significant temporary injunction order, granting a 'Dynamic+' relief to protect its works against ongoing infringement across various platforms.
M/S. Panchajanya Features v.Bommareddy Ashok Reddy
This Civil Revision Petition challenged the Trial Court's refusal to transfer a copyright dispute concerning the Telugu movie "Vinnapalu Vinavale Vintha Vinthalu" to the specialized Commercial Court. The petitioners argued that since the matter involved intellectual property rights and exceeded the specified pecuniary threshold, it inherently fell under the purview of the Commercial Courts Act, 2015. The High Court agreed with this interpretation, setting aside the Trial Court's order and allowing the petition for rejection of the suit.
Star India Pvt. Ltd. v.Ashar Nisar & Ors.
Star India Pvt. Ltd., an entertainment media company, filed a suit against various individuals and entities for the unauthorized dissemination and broadcasting of its copyrighted content through rogue mobile applications and illicit websites. The plaintiffs asserted their exclusive rights over content streamed via STAR Channels and Disney+ Hotstar. Given that the defendants failed to contest the suit by filing a written statement despite being served, the Delhi High Court found them liable for copyright piracy.
Neela Film Productions Private Limited v.Taarakmehtakaooltahchashmah.Com & Ors.
The Delhi High Court issued several procedural orders in favor of Neela Film Productions Private Limited (Plaintiff) in its copyright and trademark infringement suit against Taarakmehtakaooltahchashmah.Com & Ors. (Defendants). The court granted exemptions from pre-institution mediation, allowed the plaintiff to serve advance copies on a specific defendant despite lack of contact details, and directed that the plaint be formally registered as a commercial suit. These orders pave the way for the substantive trial concerning the alleged infringement of the popular show 'Taarak Mehta Ka Ooltah Chashmah'.
Saregama India Limited v.Zee Entertainment Enterprises Limited
Saregama India Limited filed a declaratory suit under Section 60 of the Copyright Act, seeking protection against threats made by Zee Entertainment Enterprises Limited regarding copyright infringement. The core dispute involved Saregama claiming ownership over numerous sound recordings and literary works. However, when Zee subsequently initiated its own suit for copyright infringement against Saregama, the Delhi High Court held that this action brought the matter within the scope of the proviso to Section 60. Consequently, the initial declaratory suit filed by Saregama was rendered infructuous.
Kathakaar Films Production House v.Shane Ali & Ors
This appeal concerns allegations that Kathakaar Films Production House infringed upon the registered trademarks and copyrights of Shane Ali & Ors. The dispute centers on the use of a logo/mark deceptively similar to the respondents' property in the film 'MAIN LADEGA'. While the appellant admitted using the similar mark, they contested both trademark infringement and copyright violation, arguing the usage was incidental under Section 52(1)(u)(ii) of the Copyright Act. The court listed the appeal for further consideration on merits.
M/S.Chu Chu Tv Studios Llp v.The Registrar Of Trademarks
The Madras High Court allowed the appeal filed by M/S. Chu Chu Tv Studios LLP against the Registrar of Trademarks' rejection of its device mark registration (CHU CHU TV). The court overturned the refusal, finding that the grounds cited by the Registrar—including lack of turnover disclosure and failure to provide a Section 65B certificate for online content—were untenable. Crucially, the High Court held that when evidence is sourced from third-party online articles, the applicant cannot be required to produce a Section 65B certificate, thereby paving the way for the mark's acceptance.
Venus Worldwide Entertainment Private Limited v.Popular Entertainment Network (Pen) Private Limited & Anr.
The Delhi High Court dismissed the Plaintiff's application for an interim injunction, which sought to prevent Defendants from releasing a film titled 'Khiladi'. The court found that the Plaintiff failed to establish a prima facie case and determined that the balance of convenience favored the Defendants. Despite the Plaintiff claiming extensive goodwill and secondary meaning for its trademark 'KHILADI', the Court held that movie titles alone do not warrant an injunction without content similarity, ultimately allowing the disputed film's release.
Opentv Inc v.The Controller Of Patents And Designs
Opentv Inc appealed a decision by The Controller of Patents and Designs which refused grant for its patent application titled 'System and method to provide gift media'. The refusal was based on non-patentability under Section 3(k) (computer program/business method) and issues related to novelty and inventive step. Opentv argued that the invention provided a technical solution for selecting and distributing interactive media content.
Twentieth Century Fox Film Corporation v.The Registrar
The Delhi High Court allowed Twentieth Century Fox Film Corporation's appeal, overturning the Trade Marks Registry's refusal to register a proposed mark. The court held that despite some phonetic similarity, the marks were not similar when viewed as a whole because the cited mark was a composite device containing unique visual elements (a sketch and bilingual text) absent in the appellant's mark. This ruling emphasizes that for trademark opposition under Section 11(1), the comparison must be holistic, preventing mere phonetic resemblance from leading to rejection.
Sri.A.J.Shashank S/O A.N.Jagadish v.Aiplex Software Private Limited
The plaintiff, who runs a YouTube channel uploading film clips from 'Encounter Dayanayak', sued Aiplex Software and others seeking mandatory injunction to withdraw copyright strikes and damages. The defendants argued that they were acting as an authorized antipiracy service provider for M/s Kasturi Media, which held the absolute rights over the movie.
Entertainment Network (India) Limited v.Https//Tuneincom/Podcasts/Arts--Culture- Podcasts/Bangla-Sunday-Suspense-P2082186/ and Ors
In this copyright infringement case, Entertainment Network (India) Limited sought to protect its audio content, 'Sunday Suspense,' which is based on literary works. The court issued an ex-parte order directing intermediary platforms (like Tuneincom) to immediately take down the infringing URLs and compelling Internet Service Providers (ISPs) to disclose server details used by the infringers. This ruling highlights the proactive role of courts in enforcing IP rights against digital infringement.
Smt Supriya Shrinate v.M/S Mrt Music Ors.
This Commercial Appeal challenged an ex-parte order passed by the trial court, which directed the removal of links and blocking of social media handles belonging to political parties and associated entities. The plaintiff, M/S MRT Music, alleged copyright infringement when videos from a national political party's yatra used music similar to their film soundtrack (KGF Chapter-2). The Karnataka High Court partially allowed the appeal, setting aside the restrictive injunction orders but mandating that all involved parties remove the offending content from social media platforms. The matter was then remitted back to the trial court for fresh consideration.
Guillermo Horacio Pino v.Blissbury Care Pvt. Ltd. & Anr.
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Guillermo Horacio Pino against Blissbury Care Pvt. Ltd. and others. The Plaintiff, who owns significant goodwill associated with the children's content brand 'PLIM PLIM,' successfully argued that the Defendants were using an identical mark for baby diaper products. The Court found a prima facie case, noting the likelihood of irreparable harm to the Plaintiff's reputation due to consumer confusion.
RRR Motion Pictures And Ors v.Shahe Ali
The Delhi High Court addressed a petition seeking to set aside an order that framed issues in a trademark infringement suit. The core issue was whether the Petitioners' request for permission to file a rectification petition under Section 124 of the Trade Marks Act, 1999, had been properly considered. The Court clarified that while a civil court must examine the prima facie tenability of an invalidity plea, this process is not equivalent to granting 'permission.' It directed the Commercial Court to decide on the validity application before proceeding with the main infringement trial.
Crazy Concepts And Mazes Pvt. Ltd. v.N. Venkta Yayadri Rao
The Gujarat High Court allowed the appeal filed by Crazy Concepts And Mazes Pvt. Ltd., overturning a lower court's rejection of an interim injunction application. The plaintiffs, owners of the 'SCARY HOUSE' trademark and copyright in their dramatic work, successfully argued that the defendant was illegally adapting and reproducing their copyrighted material under a new name ('TERRIFIC DEVIL ZONE'). The Court emphasized that since the defendants failed to deny the allegations of adaptation during pleadings, the injunction should be granted to protect the plaintiffs' reputation and goodwill.
Deepak Singh v.Bunty Raghav (Producer) and others
Deepak Singh filed a petition seeking interim relief against producers (Respondents) who were making a film based on his book, 'Janhit Mein Jaari'. The core dispute revolved around copyright infringement. While the High Court noted that the civil suit was pending before the Trial Court and emphasized the need for evidence regarding similarity between the book and the film, it ultimately directed the parties to proceed with the trial court's application under Order 39 Rule 1 and 2 of C.P.C., ensuring the existing interim relief continued until a final decision.
Venus Worldwide Entertainment Private Limited v.Popular Entertainment Network (Pen) Private Limited & Anr.
The Delhi High Court dismissed the Plaintiff's application for an interim injunction, which sought to prevent Defendants from releasing a film titled 'Khiladi'. The court found that the Plaintiff failed to establish a prima facie case and determined that the balance of convenience favored the Defendants. Despite the Plaintiff claiming extensive goodwill and secondary meaning for its trademark 'KHILADI', the Court held that movie titles alone do not warrant an injunction without content similarity, ultimately allowing the disputed film's release.
Venus Worldwide Entertainment Private Limited v.Popular Entertainment Network (Pen) Private Limited & Anr.
The Delhi High Court dismissed the Plaintiff's application for an interim injunction, which sought to prevent Defendants from releasing a film titled 'Khiladi'. The court found that the Plaintiff failed to establish a prima facie case and determined that the balance of convenience favored the Defendants. Despite the Plaintiff claiming extensive goodwill and secondary meaning for its trademark 'KHILADI', the Court held that movie titles alone do not warrant an injunction without content similarity, ultimately allowing the disputed film's release.
Warner Bros Entertainment Inc. v.Mr Ishant Kashiwal Trading As The Hogwarts Kafe & Ors.
Warner Bros Entertainment Inc. successfully secured an interim injunction against Mr Ishant Kashiwal Trading As The Hogwarts Kafe in a suit for trademark infringement, passing off, and unfair competition. The court recognized Warner Bros' status as a global leader and prior proprietor of the well-known 'Hogwarts' trademarks. Crucially, the defendant was immediately restrained from using the infringing mark 'The Hogwarts Kafe' at their restaurant premises and directed to remove all related advertisements and listings online.
Minbimbangal Productions (P) Ltd v.Harshini Movies
Minbimbangal Productions (P) Ltd filed a suit against Harshini Movies seeking permanent injunction to prevent the use of the title 'Vidathu Karuppu' or any deceptively similar title for its motion picture. The plaintiffs had previously secured an interim injunction regarding this matter. However, subsequent developments revealed that the defendant had changed the name of their film to 'Shenbaga Kottai'. Consequently, the plaintiffs filed a memo stating that they were not pressing the suit further, leading the court to dismiss the case as not prosecuted.
Minbimbangal Productions (P) Ltd and E9 Intrakt v.Harshini Movies
Minbimbangal Productions (P) Ltd filed a suit against Harshini Movies seeking permanent injunctions under the Trademarks Act, 1999, and the Copyright Act, 1957. The plaintiffs sought to prevent the defendant from using the title 'Vidathu Karuppu' or any deceptively similar title for their motion picture. However, subsequent developments revealed that the defendant had changed the name of their film to 'Shenbaga Kottai', leading the plaintiffs to withdraw the suit.
Sanjay Lalwani v.M/s.Jyostar Enterprises
Sanjay Lalwani filed an Original Application seeking an interim injunction against M/s. Jyostar Enterprises and others to prevent the alienation and telecasting of copyright and satellite rights for the film “PSV GARDA VEGA”. The applicant claimed that a subsequent assignment of these rights was in contravention of his original Deed of Assignment. However, the Madras High Court ultimately dismissed the application, holding that disputes concerning copyrights are generally considered non-arbitrable under established Supreme Court precedents.
M/S.Earth And Air Films Private Limited v.M.T.Vasudevan Nair
This case involves a dispute over the rights to the classic Malayalam novel 'Randamoozham'. The plaintiff, the author M.T. Vasudevan Nair, entered into an MOU with Earth And Air Films Private Limited for film production based on his work. When the defendants failed to fulfill their payment obligations and other terms, the suit was filed seeking termination of the agreement and return of scripts. The core legal issue before the High Court was whether a valid arbitrable dispute existed, which ultimately led to the setting aside of the lower appellate court's conclusion.
Bluechip Amusements (India) Pvt.Ltd. v.Crazy Concepts & Mazes Pvt.Ltd.
The Madras High Court ruled in favor of Bluechip Amusements, granting a perpetual injunction against Crazy Concepts & Mazes. The dispute centered on the use of the terms 'HORROR HOUSE' and 'HOUSE OF HORRORS' in the amusement industry. Despite the defendant claiming prior rights and trademark registration, the court found that the plaintiff had established continuous business operations under these names since 2008. Consequently, the court held that the defendant's caution notice was unjustified and groundless, protecting the plaintiff's business interests.
K.P.Selvah @ Panner Selvam v.Atlee
K.P.Selvah filed a civil suit seeking permanent injunction against Atlee and M/s. AGS Entertainment Pvt., Ltd., claiming copyright infringement over his story 'Kalki', which was registered with the South Indian Film Writers' Association. After facing procedural hurdles in the trial court, Selvah sought permission to withdraw the suit with liberty to file a fresh one. The Madras High Court intervened via revision petition, holding that the trial court erred by allowing withdrawal but denying the crucial liberty to institute a new suit on the same subject matter.
Mr.Mohammed Niyamathullah v.Mr.Mohammed Hidayathulla
This civil suit was filed by Mr. Mohammed Niyamathullah seeking a permanent injunction against defendants for infringing his copyright in the Tamil feature film, “Pongadee Neengalaum Unga Kadhalum.” The core of the dispute revolved around an Assignment Deed executed on 09.10.2013, where the plaintiff provided financial assistance to the defendant (who was venturing into film production) and subsequently acquired the entire copyright under default clauses. Despite the defendants' claims of forgery and lack of funds, the court found that the assignment deed was validly established through evidence, leading to a decree in favor of the plaintiff.
Achla Sabharwal v.A. Saptrishi Films & Ors.
This appeal challenged an order directing the plaintiff's plaint back to be filed in a competent jurisdiction. The core dispute revolved around the exclusive ownership and jurisdiction rights concerning the film 'BETI No.1'. While the appellant claimed sole copyright ownership based on an agreement, the respondents relied heavily on a clause stipulating that all disputes must be heard exclusively by courts in Mumbai. The Delhi High Court ultimately upheld the trial court's order.
Mr.Babu Xavier v.M/s.Feather Touch Entertainments
Mr. Babu Xavier filed a civil suit against M/s. Feather Touch Entertainments and others seeking financial compensation and permanent injunction regarding the film 'VAA DEAL Tamil'. The court first established its jurisdiction under the Commercial Courts Act, 2015, as the dispute involved intellectual property rights (copyright) related to the cinematograph film. Subsequently, both parties submitted a Joint Memorandum of Compromise, leading the court to pass a summary judgment based on the settlement terms.
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