INTRODUCTION
Tenets of Buddhism have defied time and are as relevant today (if not more) as they were centuries ago, when they were first pronounced by Buddha, the Enlightened One. They have been interpreted in unique ways to provide much-needed answers to all that ails our present fast-paced contemporary lifestyle.
A few years after he attained Enlightenment, Lord Buddha visited Kapilavastu, his hometown. His son, Rāhula, was seven years old at the time and is said to have followed his father and his flock of monks around Kapilvastu. As per Buddhist history and tradition, Lord Buddha is said to have imparted valuable teachings to Rāhula during this visit, which later came to be known as Rahulavada Sutta (The Exhortation to Rāhula).1 One of the key principles that this discourse emphasised on was the 'importance of reflecting and looking back to understand what can be improved upon in the future.' Modern scholars and followers have condensed this to 'looking back to move forward'.2
Bearing this apposite postulate in mind and applying it to the pursuit and dissemination of legal knowledge, we bring to you Volume VI of The Recap, our bi-monthly newsletter which captures everything that's worthy of looking back at and reflecting upon for the future, from a legal point of view, for India's media & entertainment (M&E) and gaming industries. This edition covers updates from the months of May and June 2022 and presents an eclectic blend of judicial updates, multiple new regulatory guidelines and what various governments are planning as new laws.
MEDIA & ENTERTAINMENT
Ranchi court refuses interim injunction against release of the film 'Jugjugg Jiyo' in a copyright infringement suit
A commercial court in Ranchi ("Ranchi Court") dismissed an interim application seeking a stay on the release of the film, 'Jugjugg Jiyo' in a suit claiming copyright infringement.3
Based on the trailer of the film, the plaintiff filed a suit alleging copyright infringement of his story titled 'Bunny Rani' which was registered with the Screen Writer's Association ("SWA") in 2020. Submitting a brief story written on a single sheet of paper as evidence, the plaintiff insisted that upon comparing the same with plaintiff's story as indicated in the trailer, it was clear that the defendants had copied and used the plaintiff's story. The defendants submitted that 'Jugjugg Jiyo' is based on a story titled 'Golden Jubilee', written by Mr. Sumit Batheja, which was registered with the SWA in 2019, thus preceding the plaintiff's story in time.
The Ranchi Court observed that the damages quantified by the plaintiff (Rs. 1.5 crores) could not be stated to be an 'irreparable loss' in comparison to the massive amounts expended by the defendants on the production, marketing/ promotion, and distribution of the film. Even assuming that the Plaintiff were to succeed in his suit, the Ranchi Court held that at this interim stage, the balance of convenience lies in favour of the defendants. Accordingly, the plaintiff's prayer for ad-interim injunction against the release of the film was refused.
You can access the Ranchi Court order here.
Delhi HC allows release of the film 'Jayeshbhai Jordaar' on the condition that relevant disclaimers are added
The Delhi High Court ("Delhi HC") allowed the release of the film, 'Jayeshbhai Jordaar', after it was assured by the producers of the film that disclaimers would be displayed during scenes portraying women getting ultrasounds in the film.4
Youth Against Crime, a non-governmental organization, filed a plea in public interest, before the Delhi HC seeking direction against the Central Board of Film Certification ("CBFC") to delete scenes from the film which showed prenatal sex determination being conducted at an ultrasound clinic. The plaintiffs submitted that the impugned scenes openly promoted the use of ultrasound techniques for sex determination, an act which is violative of the provisions of the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994. The defendants submitted that the film does not promote or advertise the use of such techniques, and rather sought to highlight the evils of female foeticide. Further, the defendants submitted that the movie had received the requisite clearance from the CBFC, subject to an insertion of a static disclaimer during the scenes of ultrasound, which had been duly inserted in the trailer along with a disclaimer at the start of the movie stating that, 'pre-natal sex determination is a punishable offence'.
After viewing the trailer and the relevant scenes from the film, the Delhi HC observed that although, for the purpose of storytelling, it may be essential to show that such activities are taking place despite prohibition, filmmakers cannot trivialize the activity itself. In view of its observations, the Delhi HC proposed that additional static warnings and disclaimers be displayed during the trailer as well as the relevant scenes in the film. Since the respondents undertook to display warnings on all viewing formats, including the trailer on Youtube, as well as other OTT platforms, the petitioner agreed not to press the petition further.
You can access the Delhi HC order here.
Delhi HC rules that title of the film 'Sholay' is capable of protection under trademark law
The Delhi HC recently dismissed the argument that titles of films cannot be registered as trademarks and held that the word 'Sholay' being the title of a legendary film, can be recognized and protected under the trademark law.5
Sholay Media and Entertainment Pvt Ltd. and Sippy Films Pvt. Ltd. filed a suit before the Delhi HC against the defendants who had allegedly registered the domain name 'www.sholay.com' ("Website") and had been using the Website to sell various merchandise by incorporating scenes and names from the film 'Sholay'. The plaintiffs submitted that the defendants used the impugned mark as a metatag on their web pages and had been using a logo, colour scheme and device similar to that of the title of the plaintiff's film. Claiming that such use by the defendants amounted to passing off, dilution and tarnishment of the well-known mark 'Sholay', the plaintiffs sought a permanent injunction restraining the defendants from infringing the plaintiff's registered trademark.
Footnotes
1. Ambalatthika-Rahulovada Sutta – Instructions to Rāhula at Mango Stone, translated from the Pali by Thanissaro Bhikkhu, available here
2. A blog on this interpretation can be accessed here
3. Vishal Singh vs. Dharma Productions & Ors. Misc. Civil Application No. 265/2022
4. Youth Against Crime vs. Union of India WP(C) 7255/2022 & CM No. 22210/2022
5. Sholay Media Entertainment & Anr. vs. Yogesh Patel & Ors. CS (COMM) 8/2016 & CRLM 1918/2002
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