New Delhi: The Delhi High Court has restrained various websites, social media handles and YouTube channels from unauthorised use of the name, characters and content of TV show ‘Taarak Mehta Ka Ooltah Chashmah’ on a plea by its makers Neela Film Productions Pvt Ltd.
Interim order against several known and unknown entities on a lawsuit by producer
Justice Mini Pushkarna passed the interim order against several known and unknown entities on a lawsuit by producer of the show, saying the plaintiff Neela Film Productions Pvt Ltd will suffer an irreparable loss if the ex-parte ad interim injunction is not granted.
“The plaintiff has demonstrated a prima facie case for grant of injunction in its favour, and in case ex-parte ad interim injunction is not granted, plaintiff will suffer an irreparable loss. Balance of convenience also lies in favour of the plaintiff, and against the defendants,” the High Court said.
Show has been running for over 16 years, with approximately 4000 episodes: counsel
The counsel appearing for plaintiff Neela Film Productions Pvt Ltd submitted before the High Court that the plaintiff has produced several fiction and non-fiction shows since 1998 and the crown jewel in the plaintiff’s repertoire of shows is ‘Taarak Mehta Ka Ooltah Chasmah’, which first aired in 2008.
The counsel stated the said show to be one of the biggest and renowned entertainment brands of India and very popular amongst the Indian diaspora worldwide. It was further stated that show has been running for over 16 years, with approximately 4000 episodes and India’s longest running daily sitcom.
The plaintiff has statutory rights over several registered trademarks in India pertaining to their show and its characters and some of such iconic trademarks over which the plaintiff enjoys trademark registrations include ‘Taarak Mehta Ka Ooltah Chashmah’, ‘Ooltah Chashmah’, ‘Taarak Mehta’, ‘Jethaalal’, ‘Gokuldhaam’, etc, the High Court was told.
Several entities were unauthorisedly using names, images of characters, etc. of show for commercial gains: counsel
The plaintiff alleged that hat several entities were using its names, images of characters, etc. for commercial gains by running websites, selling merchandise like t-shirts, stickers, posters bearing the images and dialogues of characters and mugs bearing the images of characters from the plaintiff’s show, videos or images containing AI generated images of characters of the show and even publishing “sexually explicit and vulgar” videos on YouTube.
“The defendants are using the name of the plaintiff’s show, the format and stills, as well as the names, images of characters to create the said videos drawing a direct nexus to the plaintiff’s show for commercial gains by publishing such videos on YouTube/on their website,” plaintiff Neela Film Productions Pvt Ltd submitted and urged the court to restrain these entities from using the name, characters and content of its show ‘Taarak Mehta Ka Ooltah Chashmah’.
What did the High Court say?
“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, hosting, streaming, broadcasting ……. 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 High Court said.
The High Court further said that YouTube posts, which contain character or material from the show, wherein the defendants are exploiting the show and its materials and also showing pornographic content with the characters of the show, are required to be brought down by the defendants.
The High Court also directed the IT Ministry and the Department of Telecom to ask the respective internet service providers/intermediaries to suspend all links or videos In case the infringing videos/websites/YouTube links are not brought down by defendant within 48 hours.