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Entertainment Network India Limited, operating under the banner of Mirchi and Gaana engaged with ‘Miss Malini Entertainment Private Limited’ to create an interview featuring Kareena Kapoor Khan to be shared on their platforms.
The Delhi High Court, recently, granted interim relief to Mirchi over Kareena Kapoor's Talk Show named “What Women Want” against Miss Malini Entertainment Private Limited (MEPL).
The bench of Justice Mini Pushkarna held, “the plaintiff has demonstrated a prima facie case for grant of injunction and in case no ex-parte ad-interim injunction is granted, the plaintiff will suffer an irreparable loss”.
The agreement explicitly required MEPL to secure the plaintiff's approval for any content before publication, ensuring the rightful attribution of the show’s ownership. MEPL was also prohibited from misusing the interview for independent branding or commercial gain.
Despite this clear understanding, MEPL violated the agreement. On October 16, 2024, they uploaded a short-form video clip of the interview on their Instagram account without obtaining prior approval. To the plaintiff's dismay, MEPL prominently displayed its own logo, “MissMalini,” while intentionally downplaying and partially removing the “Mirchi®” logo. This deceptive act misrepresented the ownership of the content, misleading viewers into believing it was MEPL's creation.
The plaintiff promptly issued a cease-and-desist notice, demanding the removal of the infringing content. However, MEPL escalated the situation by uploading a long-form version of the interview on YouTube within hours of receiving the notice. This video also bore MEPL's branding and omitted due credit to the plaintiff, further undermining the latter’s intellectual property rights.
The plaintiff, through Senior Advocate Abhishek Malhotra, emphasized that their exclusive ownership of the show was well-documented through agreements with production partners and their established history of creating the series. Senior Advocate Malhotra highlighted the financial and creative investments made to ensure the show's success, asserting that MEPL’s actions had not only infringed on their copyright but also tarnished their reputation and commercial interests.
The court took note of the plaintiff's grievances, supported by evidence of unauthorized uploads and MEPL's refusal to comply with the cease-and-desist notice. It was revealed that MEPL's actions were deliberate, as they continued to exploit the plaintiff’s content for personal gain, even after acknowledging their infringement in correspondence. The plaintiff also reported additional unauthorized dissemination of their content on other platforms, further aggravating the situation.
‘It is a well established principle that even partial reproduction or usage, where it constitutes a substantial and recognizable element of the original work, infringes upon the plaintiff’s exclusive rights as the copyright owner’, the plaintiff argued.
In light of these violations, the court recognized the urgency of the matter. It acknowledged the plaintiff’s exclusive rights to the show and underscored the importance of protecting intellectual property in the digital age. The court issued a temporary injunction, restraining MEPL from further exploiting the plaintiff’s content. Additionally, it directed the removal of all infringing material from MEPL’s platforms and instructed intermediaries like Instagram and YouTube to ensure compliance.
For Plaintiff: Senior Advocate Abhishek Malhotra with Advocates Kartikay Dutta, Anukriti Trivedi and Raghavi ShuklaFor Union: Government Pleader Vedansh Anand, Standing Counsel Nidhi Raman with Advocates Sachin Saraswat and Akash MishraFor YouTube: Advocates Aditya Gupta and Asavari JainCase Title: Entertainment Network India Limited v Miss Malini Entertainment Private Limited (CS(COMM) 1141/2024)
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