Settlement Reached Over Advertisement Infringement; Court Orders Removal of Infringing Content from Social Media
In a significant judgment delivered by the Bombay High Court, the long-standing copyright infringement dispute between Reliance Industries Limited and Masterchow Foods Private Limited has reached a resolution. The court, presided over by Justice Sharmila U. Deshmukh, decreed the case based on consent terms agreed upon by the parties, leading to the removal of infringing content from various social media platforms.
The dispute centered around an advertisement created by Masterchow Foods using a character from a film produced by Reliance Industries. Reliance alleged that this usage amounted to a violation of their copyright, as the character was part of the film's intellectual property. In a move towards resolution, both parties entered into consent terms, wherein Masterchow Foods acknowledged Reliance's intellectual property rights and agreed not to use the film or its characters without written permission.
Significantly, Reliance granted Masterchow Foods a license to utilize the character in the advertisement until May 7, 2026, a condition that was also documented in the consent terms signed by authorized representatives from both parties. The court acknowledged the mutual agreement and decreed the suit accordingly, bringing a formal end to the dispute with regard to Defendant No.1.
However, the case extended beyond the parties directly involved. Unknown third parties, labeled as John Doe defendants, had reposted and shared the infringing advertisement across multiple social media platforms. The court responded to this by directing John Doe defendants to de-list, remove, delete, and disable access to the infringing content, thereby preventing further dissemination. Reliance was also instructed to notify intermediaries to take necessary actions against the links hosting the infringing content.
The judgment reflects the court's proactive stance on copyright protection and its recognition of the challenges posed by digital platforms in controlling the unauthorized dissemination of copyrighted materials. The settlement and subsequent court orders underscore the importance of consent terms in resolving intellectual property disputes amicably while safeguarding the rights of the original content creators.
The court's decision also included provisions for the refund of court fees as per applicable rules, and the interim application related to the case was rendered infructuous following the settlement.
This resolution marks a pivotal moment in copyright enforcement, emphasizing the judiciary's role in balancing the interests of content creators and users, particularly in the ever-evolving digital landscape.
Bottom line:-
Copyright infringement - Settlement between parties - Defendant acknowledged Plaintiff's copyright - Directions issued for removal of infringing content from social media platforms to prevent further dissemination.
Statutory provision(s): Copyright Act, 1957
