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";s:4:"text";s:23965:"Most of the press reports today however miss out the above aspects and merely focus on “confusion” and the “sophisticated vs rustic” consumer distinction that the judge seems to have drawn out. The Public Interest Defence, and the Public Interest Offence – What Is The Way Forward In This Pandemic? Hasn't WB ever gone down to the adult video store to see how many knockoffs of their movies are on the shelves? We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis. He served for two years as an expert on the IP global advisory council (GAC) of the World Economic Forum (WEF). Analyzing India and South Africa’s Joint Statement to Waive Key Provisions of TRIPS – Part I, { This order has been challenged in RFA (OS) 5 /2021 and RFA (OS) 6 /2021 before the Division Bench, Hon'ble High Court of Delhi. Sorry about that. We’d blogged on the Scotch Whisky case earlier, where the Supremes refused to grant any relief to the Scotch Whisky Association (SWA) on the ground that they waited for 12 years before taking action against “Peter Scot”. While issuing the notice... }, { If a song is not appealing, it will naturally fail to capture audience and generate less revenue for the authors. That is true in any country or part of the world. Hari Puttar, directed by Rajesh Bajaj and Lucky Kohli, is due to hit Indian movie screens on 12 September. Hari is a popular Indian name and Puttar means "son" in Punjabi. Wishful Thinking? "Hari Puttar" tells of a 10 year-old boy who moved from India to England with his family. The judge held that “We, therefore, in the peculiar facts and circumstances of this case, are of the opinion that action of the respondents is barred under the principles of acquiescence and/ or waiver.”, The message from the Indian courts appears to be pretty clear: “If you delay, you will pay….”. Harry Potter fans with laugh or cry at the latest copycat release out of India called "Hari Puttar: A Comedy of Terrors." while it may have been warner bros with the lawsuit, i'd have to believe jk rowling had something to do with it given toward her past precedents on suing anyone doin parody or tributes to the work, which i believe probably wasnt entirely hers. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. The Delhi High Court on 22nd September gave judgment in the ‘Hari Puttar/Harry Potter’ case, and confirmed that the infringement of a trade mark based on confusion that creates initial interest is a difficult test to prove; it requires clear evidence and clean hands, and most importantly timely resort to the Courts. 94%. If this requirement has not been fulfilled, then the IPAB has truly been quite lax on the procedural front. Hari Puttar is set to hit cinema screens this week after an Indian court rejected a Warner Bros. suit claiming the name was too close to its Harry Potter series. In her recent post, Sumathi rightly points to the fact that Justice Khetrapal’s decision against Warner Brothers hinges substantially on: i) “Delay” In Taking Action Against Hari Puttar. Warner Brothers can therefore be expected to appeal this decision. There’s no doubt Hari Puttar attempted to cash on Harry Potter’s goodwill. The makers of the blockbuster Harry Potter films said the title of the Indian movie was too similar. Of course, if this were the trend, then all the spoofs that keep getting made in Hollywood (Scary Movie, Meet the Spartans, etc...) which directly mock the originals would be in trouble. The evidence- Mirchi Movies’ news release- is, like you have pointed out, an admission of their guilt, or else what does “India’s reply to Harry Potter” mean? Plus, when pronounced correctly, it doesn't even sound like Harry Potter." heck, a lot of stuff in Harry Potter isn't exactly original. But in order to continue doing so, we need your support. JK is pushing her fanbase away with all her greed. “the false assertions of the plaintiffs and the suppression by them of material facts were quite obviously intended by them to be a cover up for their delay in approaching the court”, “any suppression or concealment of material facts cannot therefore, but be viewed as an attempt to pollute the stream of justice”. He's also the Founder of IDIA, a project to train underprivileged students for admissions to the leading law schools. His first academic appointment was at the George Washington University Law School, where he served as the Frank H Marks Visiting Associate Professor of IP Law. Raga Simhendramadhyama deals with HP theme music in this piece. Dettol Handwash Ad Claimed to Disparage Lifebuoy Soap Trademark, Sci-Hub and Libgen Up against Academic Publishers: A Death Knell for Access to Research? The court decision means the film can now be released in India. Howeveer, their “appeal” window is quite short, as the movie is scheduled for release this Friday. if they want to read them I suggest getting them from the library or borrow my copies, there are some excellent series that got their start as parody and rowling seems to go after anything that get close to being somewhat, kinda similar. While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But if child actor Zain Khan, who plays the lead in ‘Hari Puttar’, is to be believed the similarity between the … Very damaging statements for Warner Brothers! I’ll come back to this and the “initial interest confusion” doctrine in a later post. Mirchi Movies CEO Munish Purii claimed there is very little similarity between Hari Puttar and any elements in the Harry Potter franchise, and explained that Hari is a popular Indian name, while "puttar" means "son" in Punjabi, although Indian versions of Harry Potter also translate Harry's name to Hari Puttar. The film studio Warner Bros has taken umbrage at the title of a Hindi film called Hari Puttar – A Comedy of Terrors for its resemblance to the Harry Potter franchise. Geez, did anybody ever sue MAD Magazine for their movie parodies? Ugh. Delhi High Court says Harry Potter and Hari Puttar are like chalk and cheese. Harry Potter contra Hari Puttar. It's about a boy named... Harry Potter Jr. that has to defeat a troll and other mythical creatures. “It is settled law that if the plaintiffs stood by knowingly and let the defendants build up their business or venture , then the plaintiffs would be estopped by their acquiescence from claiming, “sophisticated vs rustic” consumer distinction, LexisNexis Webinar on ‘Understand the Innovation Landscape of Global Video Conference Technology’ [December 23, 2020], NFSI Panel Discussion on ‘TRIPS Waiver Proposal – State of Play and the Way Forward’ [December 18, 2020], Free Online Course on Intellectual Property [Register by October 14, 2020], Virtual Workshop for Students on ‘Nuances of Patent Processing’ [October 26-28, 2020], Call for Submissions: NLUJ Centre for Intellectual Property Studies Blog, Call for Papers: NUALS’ Book on ‘Pandemics: Health, Human Rights and Intellectual Property Rights’ [Submit Abstracts by December 20, 2020], Prof. (Dr.) Shamnad Basheer – Publications & Public Interest Interventions, A Report on India’s Top IP Developments of 2020, India’s First Covid-19 IP Dispute? When Covid-19 Shuttered Cinema Halls! References Statements that are no doubt likely to be exploited by wily defendants in future law suits. Analyzing India and South Africa’s Joint Statement to Waive Key Provisions of TRIPS- Part II. Sign in now. Filed Under: hari puttar, harry potter, india, trademark, [ reply to this | link to this | view in chronology ], Have a Techdirt Account? Harry Potter vs Hari Puttar: If You Delay, You Will Pay. Register here, Subscribe to the Techdirt Daily newsletter. In Potter versus Puttar, Hari is the whizkid Teenage wizard Harry Potter may have once vanquished the powerful and wicked Lord Voldermort. For all one can think of is that we are in for a Desi version of the Hollywood blockbuster series. In the suit, filed in August, Warners alleged that the "Hari Puttar" title was too similar to the studio's "Harry Potter" franchise. Centre for Communication Governance at National Law University, Delhi. We noted then that: “One of the factors that influenced the court to hold the way it did was the delay/acquiescence on the part of SWA i.e. The studio is claiming an Indian film titled Hari Puttar: A Comedy of Terrors (pictured), comes too close to the mega-blockbuster Harry Potter franchise. The name definitely creates curiosity in the mind of a child audience about its association with Harry Potter. Harry Potter and the Deathly Hallows: Part I / Хари Потър и даровете на смъртта: Част 1 (2010) BG Audio. Thank you for reading this Techdirt post. }, { I would like to request Mr. Kapil Wadhwa & Spicy IP to throw some light on the supporting judgement in respect of Section 2(r)(ii)(c) of the Trade Marks... }, { Thanks for bringing this to light. Fluid Trademarks: An Alter Ego for Brands? Yeah, so I'm one. From correspondents in London AAP March 18, 2009 8:52am – Part I, CovEducation, Copyright and Fair Use in India, It is “Covered”, Yes, but is it “Disclosed”? If you liked this post, you may also be interested in... Of course, Comedy of Errors was Shakespeare. Your email address will not be published. The judge is quite scathing in her reprimand of Warner Brothers for “half-heartedly whimpering against the use of the title “Hari Puttar” by the defendants” and thereafter “attempting to trip up the defendants at the finishing line”. There is a movie from the 80s called Troll. The film has nothing in common with the 'Harry Potter' franchise as the story suggests. Good thing Disney hasn't figured out how to lock that one up or they'd be getting hit from both sides. Hollywood's Warner Bros., which owns the rights to the Harry Potter movies, is suing an Indian production company whose new film is called "Hari Puttar: A … With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. I wonder if Rowling will go after this one. He also served on several government committees. I think most of those already exist on various fan-fiction sites.... India is one of the most copy-cat nations ever to exist in the world............... 87% of their films are a complete rip off from Hollywood ...... and 10% from cinema all around the world (irani , korean , etc ) only 3% are their orignal ! Gaming Like It's 1925: Last Week To Join The Public Domain Game Jam! Prajwal Bharadwaj on Tabla. The Inverse Ratio Rule: On Its Stairway to Heaven? Hari Puttar is the Bollywood knock-off of the popular Harry Potter movie series, but it seems that the Indian Hari Puttar isn’t being so well received by Hollywood. Studio had sued an Indian film company over the title of upcoming film "Hari Puttar — A Comedy Of Terrors," according to the Hollywood Reporter. He then relocated to India in 2008 to take up the MHRD Chaired Professorship in IP Law at WB NUJS, a leading Indian law school. If Intellectual Property Is Neither Intellectual, Nor Property, What Is It? long ago I started encouraging people not to buy her books. Abstract. Although the name sounds similar to the world famous Harry Potter character, that is where the similarities end. Plus, when pronounced correctly, it doesn't even sound like Harry Potter. He was consulted widely by the government, industry, international organisations and civil society on a variety of IP issues. The court said Warner Bros could have brought the case three years ago and said readers could easily distinguish Hari Puttar from Harry Potter. The plaintiffs, who claim that the movie “HARI PUTTAR” is an infringing variant of the plaintiffs' trademark “HARRY POTTER”, seek stay of the release of the movie principally on the ground that the phonetic and structural similarity between the titles “HARRY POTTER” and “HARI PUTTAR” tantamount to the defendants riding on the popularity of the plaintiffs, thereby infringing the plaintiffs' registered trademark and … Hari is a popular Indian name and Puttar means "son" in Punjabi. i) “Delay” In Taking Action Against Hari Puttar. The final version made it clear that it was WB, but we had a glitch and the wrong post published. An Indian court dismissed the case later on, stating that the public would be able to tell both titles apart. Warner Bros pierde una batalla legal en India por supuesto plagio. – Part II, The Sci-Hub Case: Why It is Time to Stop Favouring the Doctrinal Approach to Law over an Empirical One, The Legality of the Appointment of the 5 Technical Members to the IPAB. Fluid Trademarks: A Prologue to Trademark Law Going Awry? Appeals Court Rejects Clearview's Attempt To Dodge A State Lawsuit By Trying To Make It A Federal Case, Content Moderation Case Study: Facebook Targets Misinformation Spread By The Philippines Government (2020), Biden Fires Steve Bannon Protege, Who Tried To Turn Voice Of America Into A New Breitbart, EFF Tells Louisiana Court Satire Is Still Protected Speech Even If The Government Doesn't Get The Joke, Daily Deal: BitDegree Academy AWS Online Courses And Practice Exams, Amazon Ring App Found To Be (Again) Exposing User Locations, Home Addresses. The film studio Warner Bros has taken umbrage at the title of a Hindi film called Hari Puttar – A Comedy of Terrors for its resemblance to the Harry Potter franchise. Dainik Jagran Sues Telegram for Copyright Infringement: Are Platforms or Group Admins Liable for Unlawful Speech on Closed Online Forums? Techdirt is one of the few remaining truly independent media outlets. 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