Category Archives: Copyright

Copyright Trademark

SpicyIP Weekly Review (September 14 – 20)


Topical Highlight A Tale of Two Sujatas: Delhi HC Reflects on Suppression of Material Facts and Clean Hands Doctrine Praharsh discussed Delhi HC’s recent order modifying an ex-parte interim injunction after finding that the plaintiff concealed material facts during the hearing. The Plaintiff, who used the registered mark ‘SUJATA’ under classes 7, 8, 9, 11, and 35 had obtained the injunction by concealing the fact that a director of the Defendant owned a similar mark ‘SUJATA’ under class 11 since…


Read More »
Copyright Innovation Others Patent Trademark

SpicyIP Weekly Review (September 7 – 13)


Topical Highlight When Covid-19 Shuttered Cinema Halls!: Should Producers Share Royalties from OTT Release of Films? In a guest post, Tanvi Sehgal weighs in on the impact of the COVID-19 induced shift from theatrical release of films to OTT release on the producers’ share of earnings. She explains how the pandemic shutting down movie theatres for such a long duration has forced producers to release their movies on OTT platforms such as Netflix, Amazon Prime and Hotstar. According to her, movies…


Read More »
Copyright COVID-19

When Covid-19 Shuttered Cinema Halls!: Should Producers Share Royalties from OTT Release of Films?


We’re pleased to bring to you a guest post by Tanvi Sehgal, discussing the impact of the Covid-19 induced shift from theatrical release of films to OTT release on the producers’ share of earnings and proposing an amendment to the cinema hall exception to the provision on mandatory royalty sharing under the Copyright Act in light of this shift. Tanvi is a guest faculty at the Faculty of Law, Delhi University, where she recently submitted her PhD thesis titled ‘Revisiting…


Read More »
Copyright Others

Lizzo’s Copyright Victory in Truth Hurts: Joint Authorship and Follow-on Works in the Music Industry in India


  Lizzo, like many other pop stars, has been embroiled in multiple copyright disputes. Recently, she won a case she filed against songwriters Justin Raisen, Jeremiah Raisen, and Justin “Yves” Rothman. They had claimed that the superhit song ‘Truth Hurts’ was derived from ‘Healthy’, which they wrote with Lizzo, making them co-owners of ‘Truth Hurts’ too. Judge Dolly M. Gee of United States District Court in Los Angeles ruled in favour of Lizzo, noting that, “as a matter of law,…


Read More »
Comparative Advertising Copyright Design Geographical Indication Innovation Others Patent Trademark

SpicyIP Weekly Review (August 31- September 6)


Topical Highlight T-Series’ Copyright Infringement Claim against Roposo: Intermediary Liability, Safe Harbour and Fair Dealing In this post, I analysed T-Series’ copyright infringement claim against Roposo. I first flagged two relevant features of the application- a music library and an option to ‘collaborate’. I explore whether Roposo can be considered an intermediary and argue that such holding is possible only for the ‘collaborate’ option, leading to personal liability for the music library. Subsequently, for the ‘collaborate’ option for which it…


Read More »
Copyright

Should Illegal Works Receive Copyright Protection?


We’re pleased to bring to you a guest post by Aniruddha Majumdar, analysing whether illegal works should receive copyright protection in India – a question raised by Justice Gautam Patel in his wonderfully thought provoking post on the blog a few years ago, and also engaged with in an insightful response post by Prof. Joshua D. Sarnoff. Aniruddha is an Associate at Talwar, Thakore & Associates in Mumbai. He graduated from NLS, Bangalore in 2019 and was Chief Editor of…


Read More »
Copyright

T-Series’ Copyright Infringement Claim against Roposo: Intermediary Liability, Safe Harbour and Fair Dealing


After the recent ban on TikTok by the government, several alternative short-video sharing services have seen a rise in their following. One such application is Roposo, a video creation and sharing app, available in 12 Indian languages. Riding on the ‘Made in India’ advantage, it saw a surge of 22 million in its user base in merely two days after the TikTok ban. MyGovIndia has also joined the platform to connect with Indian audiences and Indian achievers such as Babita…


Read More »
Copyright Opportunities

NLUJ’s Centre for IP Studies Essay Competition [Submit by September 27]


We’re pleased to inform you that Centre for Intellectual Property Studies, National Law University, Jodhpur is organising an essay writing competition for law students from Indian universities on the theme ‘Copyright Societies and Performers’ Rights Societies in India’. The deadline for registration is September 20, 2020 and that for submission of essays is September 27, 2020. For further details, please read the announcement below: NLUJ’s Centre for IP Studies Essay Competition Call for Essays | Submit by September 27, 2020…


Read More »
Copyright Drug Regulation Innovation Others Patent Trademark

SpicyIP Weekly Review (August 24 – 30)


Topical Highlight Patanjali’s Coronil Trademark: The Dilemma of Dilution In this post, Adyasha discusses the Madras High Court’s recent order restraining Patanjali from using the word ‘Coronil’ on its immunity-booster tablets. She argues that the Single Judge’s interpretation of dilution under Section 29(4) of the Trade Marks Act 1999, is riddled with serious inconsistencies. Patanjali contended that Arudra’s trademarks did not meet the well-known mark threshold for Section 29(4) to apply. However, the Court held that ‘reputation in India’ was to be…


Read More »
Copyright

Interrogating the Norm of Anonymity in Research Ethics: Visibility, Representation and the Right to Attribution


Social research that inquires into power structures is often riddled with hierarchies itself. For instance, the difference in the status of the researcher and the research subject is not devoid of crucial power differentials. Women and minorities in protected works are often written about from an external gaze. Their personhood, expressions and contributions are reduced to that of a passive ‘muse’ or a ‘subject’, being acted upon by the genius author who claims sole authorship of the work to which…


Read More »