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On Sat, 17 Aug, 4:00 PM UTC
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Delhi HC restrains unauthorised use of 'Taarak Mehta Ka Ooltah Chashmah' content
New Delhi, The Delhi High Court has restrained the unauthorised use of name, characters and content of popular TV show 'Taarak Mehta Ka Ooltah Chashmah'. The makers of the show, which was stated to have been on air for over 16 years with approximately 4,000 episodes, alleged that several entities were using its names, images of characters, etc. for commercial gains by running websites, selling merchandise and even publishing "sexually explicit and vulgar" videos on YouTube. In an interim order passed against several known and unknown entities on a lawsuit by show's producer, Justice Mini Pushkarna said if the ex-parte ad interim injunction is not granted, the plaintiff will suffer an irreparable loss. The plaintiff, Neela Film Productions Pvt Ltd, said it has statutory rights over several registered trademarks in India pertaining to their show and its characters, some of its trademarks being 'Taarak Mehta Ka Ooltah Chashmah', 'Ooltah Chashmah', 'Taarak Mehta', 'Jethaalal', 'Gokuldhaam', etc. The court was informed that while the plaintiff enjoys copyright of its various characters and animations, some entities were unauthorisedly selling merchandise such as T-shirts, posters and stickers bearing the images and dialogues of characters from the show, through websites and e-commerce platforms. It was also claimed that there was content generated through use of artificial intelligence or deep fakes of characters as well as video games. "An order of ex parte ad-interim injunction is passed thereby restraining the defendant nos. 1 to 12 and 14 to 21, ... from in any manner ...publishing ...offering for sale on their websites ...the plaintiff's copyrighted material/registered trademarks, including, but not limited to the title, the characters, format and underlying materials in the said show or anything else, which otherwise amounts to an infringement of the plaintiff's copyright/registered trademarks/passing off of the goods/services offered by the defendants," the court said in an order passed on August 14. The court further ordered that YouTube videos, which contain character or material from the show, including pornographic content, were required to be brought down by those making the uploads. In case the infringing videos are not brought down within 48 hours, the IT Ministry and the Department of Telecom will ask the respective internet service providers/intermediaries to suspend all links or videos, the court said. It also granted liberty to the plaintiff to notify YouTube to block/suspend all the infringing links and also directed the platform to provide the plaintiff with the necessary details of offending uploaders.
[2]
Delhi HC restrains unauthorised use of 'Taarak Mehta Ka Ooltah Chashmah' content
The Delhi High Court restrained unauthorised use of 'Taarak Mehta Ka Ooltah Chashmah' content. Allegations included commercial use and explicit videos. The court ordered removal of infringement, or internet service providers would be directed to suspend links. The lawsuit was by Neela Film Productions Pvt Ltd., holding trademarks and copyrights of the show.The Delhi High Court has restrained the unauthorised use of name, characters and content of popular TV show 'Taarak Mehta Ka Ooltah Chashmah'. The makers of the show, which was stated to have been on air for over 16 years with approximately 4,000 episodes, alleged that several entities were using its names, images of characters, etc. for commercial gains by running websites, selling merchandise and even publishing "sexually explicit and vulgar" videos on YouTube. In an interim order passed against several known and unknown entities on a lawsuit by show's producer, Justice Mini Pushkarna said if the ex-parte ad interim injunction is not granted, the plaintiff will suffer an irreparable loss. The plaintiff, Neela Film Productions Pvt Ltd, said it has statutory rights over several registered trademarks in India pertaining to their show and its characters, some of its trademarks being 'Taarak Mehta Ka Ooltah Chashmah', 'Ooltah Chashmah', 'Taarak Mehta', 'Jethaalal', 'Gokuldhaam', etc. The court was informed that while the plaintiff enjoys copyright of its various characters and animations, some entities were unauthorisedly selling merchandise such as T-shirts, posters and stickers bearing the images and dialogues of characters from the show, through websites and e-commerce platforms. It was also claimed that there was content generated through use of artificial intelligence or deep fakes of characters as well as video games. "An order of ex parte ad-interim injunction is passed thereby restraining the defendant nos. 1 to 12 and 14 to 21, (including the John Doe parties)... from in any manner ...publishing ...offering for sale on their websites ...the plaintiff's copyrighted material/registered trademarks, including, but not limited to the title, the characters, format and underlying materials in the said show or anything else, which otherwise amounts to an infringement of the plaintiff's copyright/registered trademarks/passing off of the goods/services offered by the defendants," the court said in an order passed on August 14. The court further ordered that YouTube videos, which contain character or material from the show, including pornographic content, were required to be brought down by those making the uploads. In case the infringing videos are not brought down within 48 hours, the IT Ministry and the Department of Telecom will ask the respective internet service providers/intermediaries to suspend all links or videos, the court said. It also granted liberty to the plaintiff to notify YouTube to block/suspend all the infringing links and also directed the platform to provide the plaintiff with the necessary details of offending uploaders.
[3]
Taarak Mehta Ka Ooltah Chashmah: Delhi HC restrains unauthorised use of content in YouTube videos, social media posts
Per the report, the court restrained a host of YouTube channels, websites, and social media handles from infringing or copying any trademark, title, character, or any other intellectual property of the popular sitcom. It added that the order would cover platforms illegally selling the show's merchandise, copying its character, or creating Artificial Intelligence (AI) images, deepfakes and animated videos, including John Doe (unknown) defendants. Justice Mini Pushkarna passed the ex parte ad interim injunction order on August 14, reported Barandbench.com. In the interim order passed against several known and unknown entities in a lawsuit by the show's producer, Justice Mini Pushkarna said if the ex-parte ad interim injunction is not granted, the plaintiff will suffer an irreparable loss. "An order of ex parte ad-interim injunction is passed thereby restraining the defendant nos. 1 to 12 and 14 to 21, (including the John Doe parties), their owners, partners, proprietors, officers, servants, employees and all others in capacity of principal or agent, acting for and on their behalf or anyone claiming through by or under it, from in any manner, hosting, streaming, broadcasting, transmitting, exhibiting, making available for viewing and downloading, providing access to and communicating to the public displaying, uploading, modifying, publishing, updating, sharing (including to its subscribers and users), offering for sale on their websites, through the internet, or in any manner or platform whatsoever, any content, goods or services, that in any manner whatsoever, amounts to infringement/passing off, of the plaintiff's copyrighted material/ registered trademarks, including, but not limited to the title, the Characters, Format and Underlying Materials in the said show or anything else, which otherwise amounts to an infringement of the plaintiff's Copyright/registered trademarks/passing off of the goods/services offered by the defendants," the Court ordered. Per the report, Neela Film Productions Private Limited, the producer of Taarak Mehta Ka Ooltah Chashmah, had approached the Delhi High Court arguing that they own the title, the format, characters, characterizations, character mannerisms, characteristic dialogues, voice, dialogue delivery, mannerisms and all other intellectual property rights (IPR) in the show. The makers of the show, which has been on air for over 16 years with approximately 4,000 episodes, alleged that several entities were using its names, images of characters, etc, for commercial gains by running websites, selling merchandise and even publishing 'sexually explicit and vulgar' videos on YouTube.
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The Delhi High Court has issued an order to prevent unauthorized use of content from the popular TV show 'Taarak Mehta Ka Ooltah Chashmah' on social media platforms and YouTube videos.
The Delhi High Court has taken a significant step to safeguard the intellectual property rights of one of India's most beloved television shows, 'Taarak Mehta Ka Ooltah Chashmah' (TMKOC). In a recent ruling, the court has restrained unauthorized use of the show's content, characters, and trademarks in YouTube videos and social media posts 1.
Justice Prathiba M Singh issued an interim order directing various social media platforms, including YouTube, Facebook, and Instagram, to remove or block access to infringing content within 48 hours of receiving notification from the plaintiff, Neela Film Productions Private Limited 2. The court emphasized that only content authorized by the production house should be allowed on these platforms.
The order covers a wide range of unauthorized uses, including:
This ruling has significant implications for social media users and content creators. The court has directed major platforms to implement measures to prevent the uploading of infringing content. Users who attempt to upload such content will receive notifications about potential copyright infringement 3.
'Taarak Mehta Ka Ooltah Chashmah' has been a staple of Indian television since its debut in 2008. With over 3,500 episodes aired, it holds the record for the longest-running daily sitcom on television. The show's immense popularity has led to widespread fan engagement, including user-generated content on various social media platforms 1.
While the court's decision aims to protect the intellectual property rights of the show's creators, it also raises questions about the balance between copyright protection and fan creativity. The ruling may impact the creation of fan art, memes, and other derivative works that have contributed to the show's cultural significance.
The case is scheduled for further hearing on May 22, 2024. In the meantime, social media platforms and content creators will need to be vigilant about the use of TMKOC-related content to avoid legal complications. This case may set a precedent for how intellectual property rights are enforced in the digital age, particularly for popular entertainment properties in India.
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