In This Issue

 

BATA CAUGHT IN AN IP CHAKRAVYUH!

Delhi High Court refuses to grant injunction against the use of the word “Bata” in the forthcoming movie “Chakravyuh”

.................................................................................................

Factopedia

FIFA World Cup (Part I) – Logos and Their History

The learned Senior Advocate, Mr. Sandeep Sethi, appearing for the opposite party, while contending that the facts put forward by Bata is incorrect, submitted that the revising committee of the Central Board of Film Certificate (CBFC) vide order dated October 01, 2012 has duly certified the said film “Chakravyuh” in which the alleged song has been sung for public exhibition as well as its promos.

 

The learned counsel further submitted that the said film raises certain social issues laying more emphasis as to how the industrial class and the political system as a whole have failed the downtrodden and the impoverished class. The counsel further submitted that the film is presenting two competing views, and one of the views, is of the protagonists amongst the Maoists who are singing the said song and expressing their anger against the price rise and the way they have been exploited by the business houses. Counsel thus submitted, that it is in this context in which the song has been conceptualized and picturized which would matter and not merely the lyrics alone.

 

JUDGMENT OF THE HON’BLE SUPREME COURT:

 

The coram consisting of Hon'ble Chief Justice, Hon'ble Justice Surinder Singh Nijjar and Hon'ble Justice J. Chelameswar were of the view that the words used in the impugned song, indicating names of certain Business Houses could have been avoided. However, they were also of the opinion that there does not appear to be any intention in the song to besmirch the reputation of any particular Business House or commercial enterprise and that the entire song seems to have been written in a manner which attempts to depict the producer's view of the state of society today.

 

A similar petition filed before the Calcutta High Court by the Birla Group, was referred, wherein the learned Single Judge of the High Court had directed that the song, when played, to be run with the following disclaimer:

 

"Use of the names of the song are merely as example. No injury or disrespect is intended to any particular person or brand."

 

The Supreme Court, therefore, holding that the wordings of the song are not likely to be taken literally by the viewers, gave the judgment that the song appears to have been written in the context of the theme of the film and ought not to be taken as any kind of aspersion against the persons named in the said song. However, they also held that the disclaimer, as indicated by the Division Bench of the Calcutta High Court, should be included in the audio version as well as be aired before the song is played. The Special Leave Petition was thus disposed off.

 

     

 

 

Source: http://www.delhihighcourt.nic.in/,

 http://courtnic.nic.in/supremecourt/temp/sc 3299812p.txt

 

Back To Top

BATA CAUGHT IN AN IP CHAKRAVYUH

 

“Birla Ho Ya Tata Ambani Ho Ya Bata,

Apne Apne Chakar Mein Desh Ko Hai Kata

Birla Ho Ya Tata Ambani Ho Ya Bata

Apne Apne Chakar Mein Desh Ko Hai Kata”

Are humre hi khoon se inka engine chale

dhakadhak, Aam admi ki jeb ho gai hai safa

chat, aam aadmi ki jeb ho gai safachat.”

 

The hummable lyrics from the song “Mehngai” of the forthcoming movie “Chakravyuh” recently created a ruckus in the IP world when Bata filed a suit in the Hon’ble High Court of Delhi for a permanent injunction restraining the lyricist A.M. Turaz and others of the said movie against infringement of its trademark/ name and for passing off and defamation. High Court of Delhi held that the expressions used by the opposite parties are offensive to Bata India Ltd. which undoubtedly has the propensity to cause lasting damage to the well established reputation of Bata and therefore the use of such expressions would certainly harm and jeopardize its credibility and reputation in the estimation of the common public. Thus, the Court, not finding any justification for use of such derogatory expressions in the song, granted an interim injunction in favour of Bata India Ltd.

 

The said judgment was overruled by Division Bench of the same Court, and hence the present SLP was filed by Bata India Ltd. in the Hon’ble Supreme Court against Prkash Jha Productions.

 

FACTS:

 

The main grievance of Bata is for the above mentioned alleged offending lyrics in the song “Mehngai” in the forthcoming Prakash Jha film “Chakravyuh”. According to Bata, the said lyrics from the movie, likely to be released very shortly in various cinemas, are offensive to the extent of causing serious harm to its reputation and goodwill.

 

Mr Neeraj Kaul the learned Senior Advocate appearing for Bata, further alleged, that the lyrics of the said song are per se defamatory and the transmission of the same either through promos, or channels like YouTube, CDs or in the film by the opposite party is for its own commercial and profitable motives and the same would disparage and dilute the goodwill and reputation of the Plaintiff amongst the common people. It was also averred on behalf of Bata that under the pretext of condemning corruption, the opposite party intends to condemn Bata so as to generate public hatred and contempt towards the latter, with no other intention but of profit and without there being any foundation or basis for the same. Therefore, based on these facts, Bata has claimed the grant of an ad interim injunction to restrain the opposite parties, their employees, servants, agents, etc. from releasing, distributing, exhibiting, performing or communicating to the public by any means or technology including but not limited to making available on the internet the words or any aural or audiovisual performance of the song “Mehngai” which would have the effect of defaming Bata or damaging its reputation and goodwill amongst the public at large. It was finally contented by the counsels of Bata that the fundamental right of freedom of expression cannot be abused to malign the reputation of any person/ company.


Factopedia

FIFA World Cup (Part I) – Logos and Their History

This time showcasing World Cup logos from Brazil in 1950 to South Africa in 2010

Brazil 1950 logo

The 1950 World Cup was the first to include British participants. British teams had withdrawn from FIFA in 1920, partly out of unwillingness to play against the countries they had been at war with, and partly as a protest against foreign influence on football.

FINAL SCORE: Uruguay 2-1 Brazil (there was no actual final this year, and the tournament was decided by a round-robin between four teams with this match considered the decisive result to crown Uruguay as world champions)

Switzerland 1954 logo

The World Cup was first televised in 1954 and is now the most widely-viewed and followed sporting event in the world, exceeding even the Olympic Games. The cumulative audience of the 2006 World Cup (including all of the matches) is estimated to be 26.29 billion. 715.1 million individuals watched the final match of this tournament (a ninth of the entire population of the planet).

FINAL SCORE: West Germany 3-2 Hungary

Sweden 1958 logo

This tournament was won by Brazil, who beat Sweden 5-2 in the final for their first title. The World Cup marked the debut on the world stage of 17-year-old Pelé on the world stage who has grown would grow to be considered by many as the greatest footballer of all times.

FINAL SCORE: Brazil 5-2 Sweden

Chile 1962 logo

The competition was marred by overly defensive and often violent tactics. This poisonous atmosphere culminated in the infamous first-round match between host nation Chile and Italy (2-0), known as the Battle of Santiago. Two Italian journalists had written unflattering articles about the host country. Although only two players (both of them Italian) were sent off by the overly weak English referee Ken Aston, the match saw repeated, deliberate attempts from players of both sides to harm their opponents, and finally the Italian team needed police protection to leave the field in safety.

FINAL SCORE: Brazil 3-1 Czechoslovakia

England 1966 logo

London’s Wembley Stadium provided the venue for the final and 98,000 people crammed inside to watch England take on West Germany. BBC commentator Kenneth Wolstenholme’s description of the match’s closing moments, “Some people are on the pitch. They think it’s all over.” (Geoff Hurst scores his third to make it 4-2) “It is now!” has good down in history.

FINAL SCORE: England 4-2 West Germany (after extra-time)

Mexico 1970 logo

The Brazilian team, featuring the likes of Pelé (who was in his fourth and final World Cup), Carlos Alberto, Clodoaldo, Gérson, Jairzinho, Rivelino, and Tostão, is usually regarded as the greatest attacking World Cup team ever. This tournament is still considered by many fans to be the finest World Cup in history.

West Germany 1974 logo

Ninety-eight countries took part in the qualifying tournament, and as usual there were some high-profile failures on the road to the finals. England was amongst them, having lost out to Poland in its qualifying group. France, Spain and Hungary also failed to reach the finals.

FINAL SCORE: West Germany 2-1 Netherlands

Argentina 1978 logo

A controversial fact surrounding the 1978 World Cup was that Argentina had suffered a military coup only two years before the Cup. Because of this, some countries, most notably the Netherlands, considered publicly whether they should participate in the Cup. Despite this, all teams eventually participated without restrictions although the Dutch team attended without its star, Johan Cruijff, who refused to participate.

FINAL SCORE: Argentina 3-1 Netherlands (after extra-time)

Source: http://www.logodesignlove.com/fifa-world-cup-logo-designs

Back To Top


Image and Content source: Internet

 

  |   |   |   |   |   |   |   |   |   |