The Delhi High Court has restrained the unauthorised use of name, characters and content of popular TV show 'Taarak Mehta Ka Ooltah Chashmah'. The makers of the show, which was stated to have been on air for over 16 years with approximately 4,000 episodes, alleged that several entities were using its names, images of characters, etc. for commercial gains by running websites, selling merchandise and even publishing "sexually explicit and vulgar" videos on YouTube.
In an interim order passed against several known and unknown entities on a lawsuit by show's producer, Justice Mini Pushkarna said if the ex-parte ad interim injunction is not granted, the plaintiff will suffer an irreparable loss. The plaintiff, Neela Film Productions Pvt Ltd, said it has statutory rights over several registered trademarks in India pertaining to their show and its characters, some of its trademarks being 'Taarak Mehta Ka Ooltah Chashmah', 'Ooltah Chashmah', 'Taarak Mehta', 'Jethaalal', 'Gokuldhaam', etc.
The court was informed that while the plaintiff enjoys copyright of its various characters and animations, some entities were unauthorisedly selling merchandise such as T-shirts, posters and stickers bearing the images and dialogues of characters from the show, through websites and e-commerce platforms. It was also claimed that there was content generated through use of artificial intelligence or deep fakes of characters as well as video games.
"An order of ex parte ad-interim injunction is passed thereby restraining the defendant nos. 1 to 12 and 14 to 21, (including the John Doe parties)... from in any manner ...publishing ...offering for sale on their websites ...the plaintiff's copyrighted material/registered trademarks, including, but not limited to the title, the characters, format and underlying materials in the said show or anything else, which otherwise amounts to an infringement of the plaintiff's copyright/registered trademarks/passing off of the goods/services offered by the defendants," the court said in an order passed on August 14.
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The court further ordered that YouTube videos, which contain character or material from the show, including pornographic content, were required to be brought down by those making the uploads. In case the infringing videos are not brought down within 48 hours, the IT Ministry and the Department of Telecom will ask the respective internet service providers/intermediaries to suspend all links or videos, the court said.
It also granted liberty to the plaintiff to notify YouTube to block/suspend all the infringing links and also directed the platform to provide the plaintiff with the necessary details of offending uploaders.
