Registered Owners Get Credit for IPBA Device Mark Use

In an infringement case involving the use of the registered trademark Indian Professional Boxing Association (IPBA) in the film ‘Main Ladega’, the Delhi High Court modified its earlier order to allow infringing videos to be posted on social media platforms subject to credit being given to the registered owners of the trademark (respondents herein).[1] This was done with the parties’s consent.

In this case, the respondents sought to restrain the appellant from broadcasting videos and trailers of the film ‘Main Ladega’ bearing the impugned logo. They also alleged that the appellant was infringing upon their registered copyright in the said design.

The Commercial Court granted an interim injunction vide order dated May 15, 2024, in favour of the respondents, holding that they had established a prima facie case in their favour. Aggrieved by this order, the appellant approached the Delhi High Court through the present appeal.

Stating that there was no trademark infringement, the appellant asserted that the impugned mark was not used as a trademark but was merely depicted in a scene. As to copyright violation, reliance was placed on Section 52(1)(u)(ii) of the Copyright Act, 1957; it was submitted that its use in the film was merely incidental, thus not amounting to copyright infringement.

Initially, the appellant refused to give credit for using the respondents’ logo but later expressed willingness to give credit on social media platforms. The parties agreed on the inclusion of a disclaimer in the description box of social media posts as an interim arrangement. With this, the Court modified its earlier order and also directed the modification of the impugned order issued by the Commercial Court to the effect that the infringing videos could be telecast on social media platforms, subject to the display of the disclaimer.

The parties sought to resolve the matter amicably, so they were referred to the Delhi High Court Mediation & Conciliation Centre.

The matter before the Delhi High Court will be heard next on January 16, 2025

[1] Kathakaar Films Production House v. Shane Ali and Ors. [FAO(COMM) 95/2024]