News Update- August 2021

#SavageChallenge along with other viral TikTok trends receive copyright protection for choreography

The first artist to receive copyright protection for choreography in the USA, JaQuel Knight, and Logitech came together to empower black, indigenous, and other people of colour to receive copyright protection over their works.

Keara Wilson received copyright protection over her TikTok savage dance challenge. The copyright was considered to be a stepping stone in enabling black artists to be recognized for their work. This came forth amid controversies regarding white TikTok creators being wrongly credited for trends created by black artists.

wins were among others to receive copyright protection for their respective choreographies in viral TikTok trends.

Brands facing heat for suing PV Sindhu’s pictures without due authorization

The Tokyo Olympics, 2020 took place in August of 2021 after much delay. Winners in the esteemed competition witnessed a surge in the number of brands using their images and popularity in the garb of congratulating them to promote their brand.

PV Sindhu, the Olympic bronze medallist in Badminton for the year did not take this practice lightly. She intends to seek damages up to 5 crore Rupees from the brands that made use of her images. It was revealed that Sindhu was suffering loss as such unauthorised use was harming her brand image. P&G, Pan Bahar, Perfetti Van Melle, etc are some of the brands accused of such a practice.

Foreign Multinationals and Indian companies at a stalemate after SC decision on the taxation of copyrights

The software technology industry is at crossroads as the Supreme Court declares that payments made by Indian users to foreign companies for the purchase of software programs cannot be taxed as royalties. The industry practice was that the Indian companies would collect taxes payable by multinational companies and deposit them with the appropriate authority. The Indian companies should technically not collect such deposits according to the SC ruling. They now fear that taxmen would still expect the tax to be paid due to varied interpretations of the judgement.

Cult.fit faces copyright infringement claim over its “Jaa Simran Jaa” advertisement

The famous scene from DDLJ starring Kajol and Shahrukh Khan was recreated by Cult.fit to advertise their gym services. Yash Raj Films initiated a copyright strike against the said advertisement on Youtube. The video has further been taken down on Youtube, Facebook, and other social media platforms. The ad was produced by Supari Studios. According to Cult.fit, they resealed the ad after all due diligence.

Broadcasting of “Baal Shiv: Mahadev ki Andekhi Ghata” delayed

The broadcasting of the mythological show “Baal Shiv” has been delayed following a copyright infringement suit filed by writer and mythologist Chotenlal Saini till September 2021. The writer had approached the Bombay High Court and sought an interim injunction against the telecast of the series. The court entertained the suit and delayed the original broadcasting date. However, the court allowed the producers to market the series and publish the trailers with a new date.

AI recognised as a co-author for the first time in India

The copyright office in India recognised the Artificial Intelligence Painting App- RAGHAV as the co-author of the work it produces. Ankit Saini, an IP lawyer is the registered owner of this App. An attempt had been made to register the artwork under the name of RAGHAV, but this application was rejected by the copyright office. A second application mentioned that both Ankit and RAGHAV are co-authors and this application was granted. In addition, Ankit Saini anticipates that the copyright will be challenged in court due to legislative ambiguity and limitations.

Tussel over the trademark “Comedy Factory”

Manan Desai, a comedian is the registered owner of the trademark “The Comedy Factory”. A TV show called “Comedy Factory” was set to premiere this year when Manan Desai noticed the apparent infringement. A cease and desist notice was sent to the producers, but the show was advertised surpassing the notice. Manan then approached the Bombay High Court and sought an interim injunction against the telecast of the show. The court ordered in favour of Manan as he was the rightful owner of the “Comedy Factory” trademark.

Madras HC holds that COVID is not a sufficient reason for passing off

In Sun Pharmaceutical Industries Ltd. v. Cipla Ltd., Defendant Sun Pharma was accused of flooding the market with deceptively similar products to that of Cipla. Cipla’s product is said to be in high demand due to the pandemic. The court allowed the request for an interim injunction against Sun Pharma. In response, they claimed that they should be allowed to sell the drugs due to high demand and the general interest of the public. The court denied these arguments and stated that the pandemic and greater public interest does not give a free pass for infringing trademarks.