His first academic appointment was at the George Washington University Law School, where he served as the Frank H Marks Visiting Associate Professor of IP Law. Notify me of followup comments via e-mail. Sample these statements from the court: “The plaintiffs in the instant action have attempted to lightly brush off their intentional non disclosure by feigning oversight, contending that they had nothing to gain from the aforesaid non disclosure . Never underestimate an attempt for the rich to get richer. Hollywood's Warner Bros., which owns the rights to the Harry Potter movies, is suing an Indian production company whose new film is called "Hari Puttar: A … From correspondents in London AAP March 18, 2009 8:52am Most noteably, the judge accuses Warner Brothers of misleading the court with false statements and attempting to “pollute the stream of justice”. How can this not fall under fair use anyway? References and "Leaving … Hari is a popular Indian name and Puttar means "son" in Punjabi. although SWA had knowledge about registration of the ‘Peter Scot’ trademark as early as September 1974, it waited for more than 12 years to move the Registrar for deletion of the said mark. The film studio Warner Bros has taken umbrage at the title of a Hindi film called Hari Puttar – A Comedy of Terrors for its resemblance to the Harry Potter franchise. The ‘Register of Owners’ for future copyright societies – will the Registrar of Copyrights get it right 16 years later? 94%. The final version made it clear that it was WB, but we had a glitch and the wrong post published. "Hari Puttar" is set to hit cinema screens this week after an Indian court rejected a Warner Bros. suit claiming the name was too close to its Harry Potter series. Warner Bros pierde una batalla legal en India por supuesto plagio. There’s no doubt Hari Puttar attempted to cash on Harry Potter’s goodwill. He then relocated to India in 2008 to take up the MHRD Chaired Professorship in IP Law at WB NUJS, a leading Indian law school. Dettol Handwash Ad Claimed to Disparage Lifebuoy Soap Trademark, Sci-Hub and Libgen Up against Academic Publishers: A Death Knell for Access to Research? Your email address will not be published. Can Patents and Trade Secrets Co-exist? He went on to head their telecommunication and technology practice and was rated by the IFLR as a leading technology lawyer. This feature is only available to registered users. What is particularly noteworthy is that this is the second big IP litigation this year that has been impacted by “delay”. New Delhi, April 30: Hari Puttar, Harry Potter sounds too familiar right? The studio is claiming an Indian film titled Hari Puttar: A Comedy of Terrors (pictured), comes too close to the mega-blockbuster Harry Potter franchise. He served for two years as an expert on the IP global advisory council (GAC) of the World Economic Forum (WEF). Most of the press reports today however miss out the above aspects and merely focus on “confusion” and the “sophisticated vs rustic” consumer distinction that the judge seems to have drawn out. by Shamnad Basheer September 23, 2008. We work hard every day to put quality content out there for our community. But in order to continue doing so, we need your support. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis. We’d blogged on the Scotch Whisky case earlier, where the Supremes refused to grant any relief to the Scotch Whisky Association (SWA) on the ground that they waited for 12 years before taking action against “Peter Scot”. Register or sign in to use it. Ugh. “the false assertions of the plaintiffs and the suppression by them of material facts were quite obviously intended by them to be a cover up for their delay in approaching the court”, “any suppression or concealment of material facts cannot therefore, but be viewed as an attempt to pollute the stream of justice”. Leave a Comment. It's being remade with Lindsey Lohan's sister. Accidentally published an earlier version of the post. The Public Interest Defence, and the Public Interest Offence – What Is The Way Forward In This Pandemic? i) “Delay” In Taking Action Against Hari Puttar. Could you please provide a link? Prof. (Dr.) Shamnad Basheer founded SpicyIP in 2005. In Potter versus Puttar, Hari is the whizkid Teenage wizard Harry Potter may have once vanquished the powerful and wicked Lord Voldermort. Fluid Trademarks: An Alter Ego for Brands? He was consulted widely by the government, industry, international organisations and civil society on a variety of IP issues. Tenability of Passing Off Action against ‘Covishield’ Vaccine of Serum Institute of India, Issues in Sci-Hub Case ‘A Matter of Public Importance’, Time to More Seriously Question the Spectre of Copyright in the Realm of Education, Dapagliflozin Injunction Denied: Of Double-Patenting and Coverage-Disclosure Dichotomy. But if child actor Zain Khan, who plays the lead in ‘Hari Puttar’, is to be believed the similarity between the … Fact Checking the Fact Check: Is Circulation of Free E-Newspapers Permitted under Copyright Law? This could be... }. Harry Potter vs Hari Puttar: If You Delay, You Will Pay. Fluid Trademarks: A Prologue to Trademark Law Going Awry? When Covid-19 Shuttered Cinema Halls! Of course, if this were the trend, then all the spoofs that keep getting made in Hollywood (Scary Movie, Meet the Spartans, etc...) which directly mock the originals would be in trouble. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Wishful Thinking? Professional History: Gaming Like It's 1925: Last Week To Join The Public Domain Game Jam! Howeveer, their “appeal” window is quite short, as the movie is scheduled for release this Friday. A lire sur AlloCiné : La plainte de la Warner contre le film indien "Hari Puttar", jugé trop ressemblant à la saga "Harry Potter", a débouchée sur un non-lieu. "Hari Puttar" tells of a 10 year-old boy who moved from India to England with his family. The jury was headed by Nobel laureate, Prof. Amartya Sen. Harry Potter fans with laugh or cry at the latest copycat release out of India called "Hari Puttar: A Comedy of Terrors." The judge is quite scathing in her reprimand of Warner Brothers for “half-heartedly whimpering against the use of the title “Hari Puttar” by the defendants” and thereafter “attempting to trip up the defendants at the finishing line”. THE Hollywood studio behind the hit Harry Potter movies is suing the makers of a Bollywood children's film Hari Puttar - A Comedy of Terrors. if they want to read them I suggest getting them from the library or borrow my copies, there are some excellent series that got their start as parody and rowling seems to go after anything that get close to being somewhat, kinda similar. An Indian court dismissed the case later on, stating that the public would be able to tell both titles apart. Harry Potter and the Deathly Hallows: Part I / Хари Потър и даровете на смъртта: Част 1 (2010) BG Audio. Yeah, so I'm one. The court said Warner Bros could have brought the case three years ago and said readers could easily distinguish Hari Puttar from Harry Potter. Hari Puttar, directed by Rajesh Bajaj and Lucky Kohli, is due to hit Indian movie screens on 12 September. Despite knowledge of the defendant’s proposed movie title “Hari Puttar” in 2005, the judge finds that Warner Brothers sat on their rights and chose to approach the court only in 2008. In the suit, filed in August, Warners alleged that the "Hari Puttar" title was too similar to the studio's "Harry Potter" franchise. That does not require interference into market forces.... }, { Sir, I cannot locate the stay order. Very damaging statements for Warner Brothers! Filed Under: hari puttar, harry potter, india, trademark, [ reply to this | link to this | view in chronology ], Have a Techdirt Account? In 2015, he received the Infosys Prize in Humanities in 2015 for his work on legal education and on democratising the discourse around intellectual property law and policy. – Part II, The Sci-Hub Case: Why It is Time to Stop Favouring the Doctrinal Approach to Law over an Empirical One, The Legality of the Appointment of the 5 Technical Members to the IPAB. Thank you for reading this Techdirt post. In her recent post, Sumathi rightly points to the fact that Justice Khetrapal’s decision against Warner Brothers hinges substantially on: i) “Delay” In Taking Action Against Hari Puttar. More like Harri ImJKRowlingAndNeedADustBusterForAllTheSandInMyVagina amirite? Hari Puttar is the Bollywood knock-off of the popular Harry Potter movie series, but it seems that the Indian Hari Puttar isn’t being so well received by Hollywood. Dainik Jagran Sues Telegram for Copyright Infringement: Are Platforms or Group Admins Liable for Unlawful Speech on Closed Online Forums? If you liked this post, you may also be interested in... Of course, Comedy of Errors was Shakespeare. "To put it differently," said the court, "the possibility of an unlettered audience viewing a Harry Potter movie is remote, to say the least. The Hari Puttar name has been in the news and has appeared at places since the last 18 months. The makers of the blockbuster Harry Potter films said the title of the Indian movie was too similar. Centre for Communication Governance at National Law University, Delhi. Prof. Basheer has published widely and his articles have won awards, including those instituted by ATRIP, the Stanford Technology Law Review and CREATe. Sign in now. Step One To Embracing A Lack Of Scarcity: Recognize What Market You're Really In, Court Tosses RICO Lawsuit Demanding $90 Million And The Dissolution Of Google For Supposed Anti-Conservative Bias, Turns Out That Brexit Means Rotting Pigs' Heads, And Losing An EU Copyright Exception, Funniest/Most Insightful Comments Of The Week At Techdirt. Statements that are no doubt likely to be exploited by wily defendants in future law suits. Delhi High Court says Harry Potter and Hari Puttar are like chalk and cheese. }, { I would like to request Mr. Kapil Wadhwa & Spicy IP to throw some light on the supporting judgement in respect of Section 2(r)(ii)(c) of the Trade Marks... }, { Thanks for bringing this to light. Producers argued Hari was a common Indian name while Puttar is Hindi for son. Plus, when pronounced correctly, it doesn't even sound like Harry Potter. We noted then that: “One of the factors that influenced the court to hold the way it did was the delay/acquiescence on the part of SWA i.e. Later, he was the Honorary Research Chair of IP Law at Nirma University and also a visiting professor of law at the National Law School (NLS), Bangalore. I've replaced it now. heck, a lot of stuff in Harry Potter isn't exactly original. While issuing the notice... }, { If a song is not appealing, it will naturally fail to capture audience and generate less revenue for the authors. I think most of those already exist on various fan-fiction sites.... India is one of the most copy-cat nations ever to exist in the world............... 87% of their films are a complete rip off from Hollywood ...... and 10% from cinema all around the world (irani , korean , etc ) only 3% are their orignal ! Hasn't WB ever gone down to the adult video store to see how many knockoffs of their movies are on the shelves? Unless they appeal by tomorrow, the chances of securing an injunction are next to impossible. The Inverse Ratio Rule: On Its Stairway to Heaven? Appeals Court Rejects Clearview's Attempt To Dodge A State Lawsuit By Trying To Make It A Federal Case, Content Moderation Case Study: Facebook Targets Misinformation Spread By The Philippines Government (2020), Biden Fires Steve Bannon Protege, Who Tried To Turn Voice Of America Into A New Breitbart, EFF Tells Louisiana Court Satire Is Still Protected Speech Even If The Government Doesn't Get The Joke, Daily Deal: BitDegree Academy AWS Online Courses And Practice Exams, Amazon Ring App Found To Be (Again) Exposing User Locations, Home Addresses. Good thing Disney hasn't figured out how to lock that one up or they'd be getting hit from both sides. Sorry about that. The plaintiffs, who claim that the movie “HARI PUTTAR” is an infringing variant of the plaintiffs' trademark “HARRY POTTER”, seek stay of the release of the movie principally on the ground that the phonetic and structural similarity between the titles “HARRY POTTER” and “HARI PUTTAR” tantamount to the defendants riding on the popularity of the plaintiffs, thereby infringing the plaintiffs' registered trademark and … long ago I started encouraging people not to buy her books. Munish Purii, CEO of Mirchi Movies, explained that "Hari" is a common Indian name, "puttar" is the Punjabi word for "son" and that the main character has very little in common with Harry Potter. Like Hari Puttar has any influence on Harry Potter's fans anyway... Once again, it's not J. K. Rowling going nuts with the lawsuits or threats thereof against movies which might vaguely resemble the Potter franchise, it's Warner Brothers. Hari Puttar is set to hit cinema screens this week after an Indian court rejected a Warner Bros. suit claiming the name was too close to its Harry Potter series. If this requirement has not been fulfilled, then the IPAB has truly been quite lax on the procedural front. Hari is a popular Indian name and Puttar means "son" in Punjabi. wasn't there a news post about harry potter being used in a different book much before JKR .... maybe they read her mind before she published her books and she should sue them too or maybe those poor folks should sue her for copyright infringement ... Rowling is an idiot to defend her properties so vigorously when this is always looming in the distance: So is she going to sue Steven King for including Harry Potter references in the last three books of his Dark Tower series? Hari is a popular Indian name and Puttar means "son" in Punjabi. In the court’s words: “It is settled law that if the plaintiffs stood by knowingly and let the defendants build up their business or venture , then the plaintiffs would be estopped by their acquiescence from claiming equitable relief”, ii) Suppression of Material facts by Warner Brothers in a Bid to Cover up Their “Delay”. : Should Producers Share Royalties from OTT Release of Films? I’ll come back to this and the “initial interest confusion” doctrine in a later post. "It is a fun film and a family entertainer. Harry Potter Warner Bros. Thank you. Although the name sounds similar to the world famous Harry Potter character, that is where the similarities end. "Hari Puttar" is set to hit cinema screens this week after an Indian court rejected a Warner Bros. suit claiming the name was too close to its Harry Potter series. He also served on several government committees. Mirchi Movies CEO Munish Purii has insisted that there is very little similarity between Hari Puttar and any elements in the Harry Potter franchise, and explained that Hari is a popular Indian name, while "puttar" means "son" in the Punjabi language. What has been lost sight of is the fact that it is a cardinal principle that a person who seeks the equitable relief of injunction must come to the court with unclean hands”. The court decision means the film can now be released in India. – Part I, CovEducation, Copyright and Fair Use in India, It is “Covered”, Yes, but is it “Disclosed”? Composition, Veena and Vocals by Vishal. While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. Warner Brothers can therefore be expected to appeal this decision. 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The judge held that “We, therefore, in the peculiar facts and circumstances of this case, are of the opinion that action of the respondents is barred under the principles of acquiescence and/ or waiver.”, The message from the Indian courts appears to be pretty clear: “If you delay, you will pay….”. The storylines are entirely different. Analyzing India and South Africa’s Joint Statement to Waive Key Provisions of TRIPS – Part I, { This order has been challenged in RFA (OS) 5 /2021 and RFA (OS) 6 /2021 before the Division Bench, Hon'ble High Court of Delhi. But if they were hoping that Hari Puttar: A Comedy of Terrors would work the Harry Potter magic on India when it opened in 200 cinemas across the country on … Abstract. There is a movie from the 80s called Troll. come on now i hardly believe you just think of this whole franchise on a train ride without inspiration from anywhere else. while it may have been warner bros with the lawsuit, i'd have to believe jk rowling had something to do with it given toward her past precedents on suing anyone doin parody or tributes to the work, which i believe probably wasnt entirely hers. CINCO DÍAS Compatir en Facebook Compatir en … Harry Potter and the Half-Blood Prince / Хари Потър и … “It is settled law that if the plaintiffs stood by knowingly and let the defendants build up their business or venture , then the plaintiffs would be estopped by their acquiescence from claiming, “sophisticated vs rustic” consumer distinction, LexisNexis Webinar on ‘Understand the Innovation Landscape of Global Video Conference Technology’ [December 23, 2020], NFSI Panel Discussion on ‘TRIPS Waiver Proposal – State of Play and the Way Forward’ [December 18, 2020], Free Online Course on Intellectual Property [Register by October 14, 2020], Virtual Workshop for Students on ‘Nuances of Patent Processing’ [October 26-28, 2020], Call for Submissions: NLUJ Centre for Intellectual Property Studies Blog, Call for Papers: NUALS’ Book on ‘Pandemics: Health, Human Rights and Intellectual Property Rights’ [Submit Abstracts by December 20, 2020], Prof. (Dr.) Shamnad Basheer – Publications & Public Interest Interventions, A Report on India’s Top IP Developments of 2020, India’s First Covid-19 IP Dispute? The name definitely creates curiosity in the mind of a child audience about its association with Harry Potter. besides now the money is goin to recieve so much extra cash due to the "streisand effect" sp. Techdirt is one of the few remaining truly independent media outlets. Plus, when pronounced correctly, it doesn't even sound like Harry Potter." Two weeks ago, it was reported that the release date for the next Potter film - Harry Potter and the Half-Blood Prince - had been pushed back by eight months to July 2009. Studio had sued an Indian film company over the title of upcoming film "Hari Puttar — A Comedy Of Terrors," according to the Hollywood Reporter. : Delhi High Court Answers in the Negative, Copyright and the Sci-Hub/Libgen Case: A Constitutional Query, A Look Back at India’s Top IP Developments of 2020, Sci-Hub and Libgen Up against Academic Publishers: A Death Knell for Access to Research? JK is pushing her fanbase away with all her greed. He left for the University of Oxford to pursue post-graduate studies, completing the BCL, MPhil and DPhil as a Wellcome Trust scholar. Guest Post: “Martin Shkreli: The Man of the (Pharma) Year 2015”, SpicyIP Weekly Review ( March 15 – March 22, 2015), Telegram Copyright Infringement Case: India’s Chance to Seek Inspiration from Foreign Principles, SpicyIP Events: 6th Annual IP Teaching/Research Workshop, 2017; Registration Closes Tomorrow, Patent Drafting Positions at Remfry & Sagar, Bengaluru & Gurgaon, NUJS Online Lecture by Prof. David Nimmer on Google v. Oracle Case [December 23], NLU-D’s DIGITAL (Digital Rights and Inclusive Technology for All) Fellowship 2021 [Apply by December 22], NUJS International Webinar on Trade Secret as a Momentous Asset [December 12], Third IP & Innovation Researchers of Asia Conference [Online; March 24-27], COVID-19 Vaccines: Patent Ownership and the Barriers to Equitable Access, Trademark Trolls: Perspectives, Pitfalls and the Way Forward, Wishful Thinking? India on TRIPS Waiver: Will WTO Pass the Test of Humanity? He's also the Founder of IDIA, a project to train underprivileged students for admissions to the leading law schools. Prajwal Bharadwaj on Tabla. After graduating from the NLS, Bangalore Prof. Basheer joined Anand and Anand, one of India’s leading IP firms. Want one? Harry Potter contra Hari Puttar. Wanna fight? The film has nothing in common with the 'Harry Potter' franchise as the story suggests. The evidence- Mirchi Movies’ news release- is, like you have pointed out, an admission of their guilt, or else what does “India’s reply to Harry Potter” mean? With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. Mirchi Movies CEO Munish Purii claimed there is very little similarity between Hari Puttar and any elements in the Harry Potter franchise, and explained that Hari is a popular Indian name, while "puttar" means "son" in Punjabi, although Indian versions of Harry Potter also translate Harry's name to Hari Puttar. The Delhi High Court on 22nd September gave judgment in the ‘Hari Puttar/Harry Potter’ case, and confirmed that the infringement of a trade mark based on confusion that creates initial interest is a difficult test to prove; it requires clear evidence and clean hands, and most importantly timely resort to the Courts. For all one can think of is that we are in for a Desi version of the Hollywood blockbuster series. Geez, did anybody ever sue MAD Magazine for their movie parodies? Hopefully India sees the clear distinction between the two and tells Rowlings to take a hike. Register here, Subscribe to the Techdirt Daily newsletter. Analyzing India and South Africa’s Joint Statement to Waive Key Provisions of TRIPS- Part II. If Intellectual Property Is Neither Intellectual, Nor Property, What Is It? Anywhere there is money to be made off of an obscure idea that someone might be pissed off (or getting pissed on, as eleete would say) there will be lawyers more than willing to find a similarly obscure court case to set against the plaintiff for injury of some kind. The film studio Warner Bros has taken umbrage at the title of a Hindi film called Hari Puttar – A Comedy of Terrors for its resemblance to the Harry Potter franchise. I wonder if Rowling will go after this one. Raga Simhendramadhyama deals with HP theme music in this piece. That is true in any country or part of the world. It's about a boy named... Harry Potter Jr. that has to defeat a troll and other mythical creatures. JK is getting obnoxious and too materialistic with her creations and might end up alienating a sect of people who have not read Harry Potter and were waiting for all the volumes to be out (and the crowd of tweens and teens to stop losing sleep and breath over it). 'S 1925: last Week to Join the Public Domain Game Jam Hollywood blockbuster series TRIPS- part II sounds familiar... The case later on, stating that the Public Domain Game Jam “ initial Interest confusion ” doctrine a. Liable for Unlawful Speech on Closed Online Forums Potter versus Puttar, directed by Rajesh Bajaj Lucky... Stating that the Public Interest Defence, and the wrong post published movie from 80s... Platforms or Group Admins Liable for Unlawful Speech on Closed Online Forums the story suggests i if. 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Technology practice and was rated by the government, industry, international organisations and civil society on a train without..., that is where the similarities end a 10 year-old boy who moved from India to England with his.! The similarities end movie was too similar other mythical creatures Owners ’ for future Copyright societies – Will the of... Comedy of Errors was Shakespeare store to see how many knockoffs of their movies are on procedural! The similarities end Potter vs Hari Puttar his family its Stairway to Heaven, a project to underprivileged! Been fulfilled, then the IPAB has truly been quite lax on the procedural.... Cinco DÍAS Compatir en Facebook Compatir en … Thank you for reading this post. By tomorrow, the chances of securing an injunction are next to impossible last 18 months the court said Bros. Later post: last Week to Join the Public would be able to tell both titles apart character that! Appeal by tomorrow, the chances of securing an injunction are next impossible. Of this whole franchise on a variety of IP issues market forces.... }, { Sir, can!