38.6c New Delhi, India, Sunday, April 21, 2024

Bombay HC: Cases Concerning Intellectual Property Rights (IPR) are Moved Before Courts at the “Eleventh Hour”, Unfair to Other Litigants

By Atharwa Gauraha      07 October, 2020 03:28 PM      0 Comments
Bombay HC: Cases Concerning Intellectual Property Rights (IPR) are Moved Before Courts at the “Eleventh Hour”, Unfair to Other Litigants.

The Plex had obtained an injunction against Zee Entertainment claiming damages through senior counsel Virag Tulzapurkar for misleading customers to believe that Zee had partnered with it.

Recently, the Bombay High Court ruled that it was unfair to other litigants when intellectual property rights (IPR) cases are brought before the "eleventh-hour" courts against the release of a film and try to enforce the time of the court.

An interim injunction prohibiting Zee Entertainment from using the term "Plex" in its latest pay-per-view channel was denied by Justice G.S. Patel of the Bombay High Court. "He added," The plaintiff must be prepared to face the repercussions if a plaintiff has had ample notice and then continues to move at the eleventh hour and makes no provision at all for any change that might be necessary.

The court noted that there was a question of time wasted between September 1 and October 1, and this consideration could not be ignored in any action seeking such urgent relief, provided that Zee was preparing to launch its product on October 2.

However, Tulzapurkar said there was no delay and within the shortest possible time a suit had been filed. Justice Patel said, "I do believe and maintain that parties should not expect courts to put all other cases aside in IPR matters. If it's movie launches or not, this happens repeatedly. It's got to stop. It is unfair to the courts, and awaiting their turn is unfair to other litigants.”

The court declared that the plaintiff must be prepared to face the repercussions when the plaintiff has ample notice and then decides to transfer court at the "eleventh hour" and makes no changes.

The Court noted that the grant of the injunction sought by Plex would cause enormous and immediate financial loss and damage to Zee as Zee had already invested on this new channel more than Rs. 11 crores (more than Plex's combined sales to India for the last five years).

 Thus, the Court declined to issue an ad-interim injunction.

Share this article:

Leave a feedback about this

Trending Judiciary
SC orders medical examination of 14-yr-old rape survivor seeking to terminate her 28-week pregnancy

Supreme Court orders medical examination of 14-year-old rape survivor seeking termination of 28-week pregnancy. Decision to be made after evaluating impact on her health.

20 April, 2024 11:00 AM


Trending Legal Insiders
Need to safeguard judiciary from unwarranted pressures: 21 ex-judges write letter to CJI

21 ex-judges write to CJI Chandrachud urging protection of judiciary from pressures undermining its integrity and autonomy.

15 April, 2024 12:17 PM
Trending Judiciary
SC notice to ED; declines early date on plea by Delhi CM Arvind Kejriwal against arrest

SC issues notice to ED, declines early hearing on Delhi CM Kejriwal's plea against arrest in liquor scam.

15 April, 2024 03:08 PM
Trending Law School
Call For Chapters: Gender-Based Violence and Religion

Calling For Book Chapters: As an editor, Dr. Amit Anand, Assistant Professor, School of Legal Studies, REVA University, Bengaluru, is inviting people to contribute to a book, entitled "Gender-Based Violence and Religion." This book is scheduled to be published by Cambridge Scholars Publishing.

15 April, 2024 04:21 PM
Trending Top Stories
Cannot stop any public rally, Bombay HC on allegation that Ram Navami processions deliberately pass through Muslim-majority areas

The Bombay High Court calls upon the Maharashtra Police to ensure that no law and order issues occur during a Ram Navami rally in a Muslim-majority area in Mumbai.

15 April, 2024 06:36 PM


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email