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“Substantial amount of money is spent by producers and those involved in such creative works, and staying the release of such films/web-series would cause immense loss to all those involved in it.”
The defendants will prima facie be entitled to carry out such deletions, edits, and cuts to the films and this may lead to “multiple versions” but that cannot be said to be in breach of Clause 3.11 of the Film Assignment Agreement.
The defendant’s contention that the expression “1K PUR” is common to trade or publici juris, was rejected and the Court opined that a party asserting that a word/expression has become common to trade must satisfy the test of extensive, actual, and continuous use of such an expression in the market.
There is sufficient material on record to show that the petitioner is openly using the subject device mark in the context of its goods in the public domain and the Registrar completely ignored these documents while passing the impugned order.
The proceedings in the present case are not only delayed but can be treated as litigation strategy on applicant’s part to claim urgent circulation and to seek ad-interim reliefs at the eleventh hour when the film is about to be released.
The document, that is, the blood sample clearly answers the definition of “valuable security” under Section 301 of the Penal Code, 1860, as it certainly, created a right in the minor son of the applicant of portraying innocence.
Day 2 and 3 of India Alternative Disputes Resolution Week 2024 in Mumbai featured intense discussions on sports arbitration, appointment of experts as arbitrators and modification of arbitral awards.
The informant’s statement does not identify individual/s as victims whose deaths/injuries can be relatable to specific acts of commission/omission on the part of applicants before this Court.
The Court found no substantial evidence to exercise discretion in favor of Ramesh Sippy’s inheritance claim.