Author name: Aparajita Lath

Aparajita is an Assistant Professor at the National Law School of India, Bangalore. She graduated from the National University of Juridical Sciences, Kolkata and Harvard Law School (LL.M). She has worked at AZB & Partners and Trilegal. She was also a Student Fellow at the Petrie-Flom Centre at Harvard Law School.

Copyright Hiccup: Madras High Court allows release of Thillu Mullu 2

Image from here First Bollywood, now Kollywood scriptwriters have started making use of the copyright act to restrain release of remakes based on claims of authorship of original scripts. Whether these claims turn out to be true is still to be seen but most claims have been unsuccessful at the interim injunction stage thereby failing to prevent release of the films (e.g. Bombay Talkies, Nautanki Saala, Chashme Budoor).  In Kollywood, Thillu Mullu-2, starring Shiva, Prakash Raj, Santhanam and Isha Talwar, […]

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Decriminalizing Defamation – Are Sections 499/500 of the IPC constitutional?

Sending a person to JAIL or even tagging him as an ‘ACCUSED’ for comments which may or may not be defamatory, in this day and age, appears to be ridiculous!  We are all aware that freedom of speech and expression is not absolute and is subject to ‘reasonable’ restrictions. Defamatory speech is one such restriction prescribed under the constitution. Therefore, in order to curb speech that is defamatory, the restriction imposed should be ‘reasonable’. In the case of Chintaman Rao

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Haldiram Bhujiawala: IPAB Order

Image from here The IPAB on April 26, 2013 ordered for the removal of trademark registration made in favour of Kolkata based – Haldiram Bhujiawala. This order ended a long standing family dispute over the use of the trademark Haldiram Bhujiawala. (for IPAB order see here).  Factual Matrix  The trademark ‘Haldiram Bhujiawala’ was coined in the year 1941 by Mr. Ganga Bishan (whose nickname was Haldiram), for his business – the manufacture and sale of sweets, papads etc. Initially, the

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SpicyIP Weekly Review (May 4th Week)

SpicyIP saw a very busy week with many interesting developments – Image from here The week started with Sai’s insightful post on Microsoft v Motorola. The 207 page judgment of Judge James L Robart on fixing the FRAND (fair, reasonable and non-discriminatory) royalty rate, is significant as its sets out, for the first time, a framework for negotiating a FRAND royalty rate. The opinion adequately addresses the problems of patent hold-up and royalty stacking plaguing the industry and has been

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Comparative Advertising: Delhi HC (SAFFOLA v. FORTUNE)

Image from here The plaintiff and defendant both sell cooking oil under the brand names SAFFOLA and FORTUNE respectively. SAFFOLA oil contains Refined Rice Bran Oil (RBO) and other oils. FORTUNE oil is claimed to be composed only of RBO. The plaintiff, Marico Ltd., filed two suits for permanent injunction restraining the defendant from broadcasting, printing and publishing advertisements of its product- FORTUNE that allegedly disparaged the goodwill and reputation of the plaintiff’s product- SAFFOLA. The plaintiff’s primary grievance was

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SpicyIP Tidbit: Update on Zanjeer and Bombay Talkies

Image from here The copyright dispute between authors Salim Khan/Javed Akhtar and producers Sumeet/Puneet Mehra and Ors. (defendants) over the remake of Zanjeer progresses with the defendants giving an undertaking to the Bombay High Court, on May 3, 2013, stating that the remade Zanjeer will not be released before 30/6/13.  Meanwhile, as reported here, another scriptwriter appealed to the Bombay High Court claiming that one of the directors of the film Bombay Talkies had stolen his story. He asked the

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SpicyIP Tidbit: SC stays release of Zanjeer 2.0

Image from here As blogged about here, the Bombay HC had allowed Amit Mehra to go ahead with the production and release of the remade Zanjeer. Against this order, an SLP was filed by Sumeet and Puneet Mehra. Yesterday, the Supreme Court ordered a stay on the release of the film. It appears from this report, that the order of stay will continue till the arbitration between the two parties is completed. The court also directed the arbitrator to expedite

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Nautanki Saala: interim relief rejected by the Bombay HC

Image from here On April 10, 2013  S.J.Kathawalla, J. dismissed an application for restraining the release of the movie Naukanti Saala (the move released today!)  Scriptwriter Radhey Shayam (who wrote the script for the movie Dastoor) applied for this injunction on the ground that Ramesh Sippy Entertainment Pvt. Ltd (defendants) had violated his copyright in his script of ‘Dastoor’.  He claimed that the defendants had used his story in making the film Nautanki Saala. However,  he was not able to

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Zanjeer Battle Continues: Scriptwriters Javed Akhtar and Salim Khan Reach the Bombay HC

Image from here Javed Akhtar and Salim Khan the scriptwriters of the original Zanjeer have moved the Bombay High Court against Sumeet Mehra and others/. As reported, the authors claim that they had allowed Prakash Mehra Productions (PMP) (Sumeet and Puneet Mehra were named the heirs to this production company) only to a one-time use of their script i.e. in making the original Zanjeer and had not authorized any reuse of the same. They also contend that since they retained

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SpicyIP Weekly Review (April- Week 1)

SpicyIP Posts Image from here The week started with Rajiv informing us about the new online certificate course on IP offered by the FICCI. For more see here.  This was followed by my post on the Bombay HC’s ruling in the Zanjeer remake controversy. The court has conditionally allowed the producer of the remade Zanjeer (Amit Mehra) to proceed with making of the film. However, its release is contingent on the final outcome of the on-going arbitration proceedings. The court

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