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Delhi High Court Directs Social Media Platform To Take Down Clips Of Mirchi's Kareena Kapoor-Khan Talk Show In Copyright Infringement Claim
Sanjana Dadmi
5 Jan 2025 10:06 AM IST
The Delhi High Court recently granted a temporary injunction in favour of the radio broadcaster, Entertainment Network, against alleged copyright infringement by the entertainment platform, Miss Malini Entertainment, in relation to the interview conducted by the platform for promotion of the talk show 'What Women Want'.Entertainment Network India Limited (plaintiff) produces and broadcasts...
The Delhi High Court recently granted a temporary injunction in favour of the radio broadcaster, Entertainment Network, against alleged copyright infringement by the entertainment platform, Miss Malini Entertainment, in relation to the interview conducted by the platform for promotion of the talk show 'What Women Want'.
Entertainment Network India Limited (plaintiff) produces and broadcasts audio and audio-visual content under brand names such as Mirchi and Mirchi Plus. It stated that it has sole and exclusive ownership rights of the talk show hosted by actor Kareena Kapoor-Khan.
It that stated the show debuted with Season 1 in 2018 on Radio Mirchi and Ishq FM's YouTube channel and the most recent Season 5 was released in October 2024. It submitted that the show has generated substantial revenue through various streaming and transmission channels, amounting to approximately Rs. 59 lakhs, across all five seasons.
Miss Malini Entertainment Private Limited (defendant no. 1) is engaged in the business of publishing and sharing online interactive information pertaining to entertainment, live events, interviews and social networking.
Entertainment Network stated that in September 2024, both parties agreed that Malini Entertainment would promote the show. They agreed that Miss Malini Entertainment would conduct an interview with Kareen Kapoor.
Entertainment Network submitted that as per the mutual understanding between the parties, Malini Entertainment agreed to put up the interview on its platforms featuring Entertainment Network's show name and its logo after obtaining its authorization. It further stated that Malini Entertainment was not authorized to affix its own logo 'MissMalini,' to the interview.
The interview was conducted on the set of the talk show on 26 August, 2024. It is stated that after the interview, Malini Entertainment unilaterally posted a short-form video clip of the interview on their Instagram account without its prior approval. It stated that the defendant added its own logo 'MissMalini' to the video without any authorization.
Entertainment Network alleged that the defendant acted in disregard of the agreed upon permissions and that it violated the understanding governing the interview's usage.
Entertainment Network stated that the defendant deliberately obscured its 'Mirchi' logo and uploaded the video which was edited out to a great extent. It submitted that this was an effort to misrepresent the interview as their own exclusive content.
Entertainment Network sent a cease-and-desist notice to the defendant, against using the interview on any platform featuring the 'MissMalini' logo in any form. It stated that despite the notice, the defendant uploaded a long form video of the interview on YouTube on the same day without obtaining prior approval from it.
Later, Entertainment Network came across a similar video uploaded by Malini Entertainment on Facebook. The said video was taken done by Facebook after Entertainment Network reported it for infringing its content.
Entertainment Network stated that the YouTube video containing the interview was also taken down. However, it was discovered that it was later back on Malini Entertainment's YouTube channel.
Entertainment Network contended that the defendant's unauthorized use of the interview and show undermines its exclusive rights. It stated that the defendant's action of affixing its logo and obscuring Entertainment Network's branding created a misleading impression that Malini Entertainment is the rightful creator.
Entertainment Network submitted that the videos uploaded by the defendant capitalised on its cinematograph and dramatic work and caused irreparable harm to its commercial interests and reputation.
Justice Mini Pushkarna was of the view that Entertainment Network made out a prima facie case for grant of injunction.
The Court stated that the balance of convenience lies with Entertainment Network and irreparable damages would be caused to it if no ex-parte ad-interim injunction was granted.
The Court thus restrained the defendants from transmitting or uploading the cinematograph and dramatic works of the show and interview on any platform till the next date of hearing.
It also directed it to take down the short-form and long-form of the interview from their website, YouTube channel and Instagram.
It issued notice to the defendants and kept the matter for further hearing on 13 May 2025.
Case title: Entertainment Network India Limited vs. Miss Malini Entertainment Private (CS(COMM) 1141/2024 & I.A. 48675/2024)