I've replaced it now. Techdirt is one of the few remaining truly independent media outlets. Plus, when pronounced correctly, it doesn't even sound like Harry Potter." 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. 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. 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 ! "It is a fun film and a family entertainer. Sign in now. 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? Leave a Comment. "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. Accidentally published an earlier version of the post. 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”. This site, like most other sites on the web, AMC Upset That Fans Are Making Mad Men More Fun; Sends DMCA Notices To Twitter, Getting People To Pay For Investigative Reporting Directly, SCOTUS Refuses To Hear Case Between Jack Daniels And VIP Products Over Doggy Chew Toy, Free Access To Academic Papers For Everyone In India: Government Proposes 'One Nation, One Subscription' Approach As Part Of Major Shift To Openness, Louisville Courier-Journal Wins 'Derby Pie' Trademark Dispute, Twitter Bans Sci-Hub's Account Because Of 'Counterfeit Goods' Policy, As Indian Copyright Case Heats Up, Girl Scouts Continuing To Fight Boy Scouts Of America Over Trademarks, Branding. What is particularly noteworthy is that this is the second big IP litigation this year that has been impacted by “delay”. 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. Harry Potter contra Hari Puttar. The final version made it clear that it was WB, but we had a glitch and the wrong post published. 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. Delhi High Court says Harry Potter and Hari Puttar are like chalk and cheese. India on TRIPS Waiver: Will WTO Pass the Test of Humanity? Filed Under: hari puttar, harry potter, india, trademark, [ reply to this | link to this | view in chronology ], Have a Techdirt Account? 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? Wishful Thinking? CINCO DÍAS Compatir en Facebook Compatir en … 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 … Hari is a popular Indian name and Puttar means "son" in Punjabi. 94%. That is true in any country or part of the world. Geez, did anybody ever sue MAD Magazine for their movie parodies? Dainik Jagran Sues Telegram for Copyright Infringement: Are Platforms or Group Admins Liable for Unlawful Speech on Closed Online Forums? 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. 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. “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”. If Intellectual Property Is Neither Intellectual, Nor Property, What Is It? 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. The name definitely creates curiosity in the mind of a child audience about its association with Harry Potter. – 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. “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? I wonder if Rowling will go after this one. 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. : Should Producers Share Royalties from OTT Release of Films? An Indian court dismissed the case later on, stating that the public would be able to tell both titles apart. 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. That does not require interference into market forces.... }, { Sir, I cannot locate the stay order. 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”. Hopefully India sees the clear distinction between the two and tells Rowlings to take a hike. Harry Potter vs Hari Puttar: If You Delay, You Will Pay. If this requirement has not been fulfilled, then the IPAB has truly been quite lax on the procedural front. Delhi HC Gives a Huge Shot in the Arm to Pharma Patents in India, Badshah’s Genda Phool Controversy – Cultural Appropriation, Cumulative Creativity and Copyright Law, Govt Urged to Revoke Patent for Gilead’s Potential Anti-COVID19 Drug Remdesivir. References 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. The storylines are entirely different. 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. Could you please provide a link? It's about a boy named... Harry Potter Jr. that has to defeat a troll and other mythical creatures. Prajwal Bharadwaj on Tabla. In Potter versus Puttar, Hari is the whizkid Teenage wizard Harry Potter may have once vanquished the powerful and wicked Lord Voldermort. 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. Harry Potter fans with laugh or cry at the latest copycat release out of India called "Hari Puttar: A Comedy of Terrors." Want one? Notify me of followup comments via e-mail. For all one can think of is that we are in for a Desi version of the Hollywood blockbuster series. The ‘Register of Owners’ for future copyright societies – will the Registrar of Copyrights get it right 16 years later? This feature is only available to registered users. : 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? Thank you for reading this Techdirt post. Howeveer, their “appeal” window is quite short, as the movie is scheduled for release this Friday. Wanna fight? 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. Fluid Trademarks: An Alter Ego for Brands? Prof. (Dr.) Shamnad Basheer founded SpicyIP in 2005. After graduating from the NLS, Bangalore Prof. Basheer joined Anand and Anand, one of India’s leading IP firms. Very damaging statements for Warner Brothers! If you liked this post, you may also be interested in... Of course, Comedy of Errors was Shakespeare. Yeah, so I'm one. 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. Unless they appeal by tomorrow, the chances of securing an injunction are next to impossible. Abstract. Prof. Basheer has published widely and his articles have won awards, including those instituted by ATRIP, the Stanford Technology Law Review and CREATe. Hasn't WB ever gone down to the adult video store to see how many knockoffs of their movies are on the shelves? Thank you. Composition, Veena and Vocals by Vishal. 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. 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? "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 served for two years as an expert on the IP global advisory council (GAC) of the World Economic Forum (WEF). 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. More like Harri ImJKRowlingAndNeedADustBusterForAllTheSandInMyVagina amirite? Warner Bros pierde una batalla legal en India por supuesto plagio. There is a movie from the 80s called Troll. Dettol Handwash Ad Claimed to Disparage Lifebuoy Soap Trademark, Sci-Hub and Libgen Up against Academic Publishers: A Death Knell for Access to Research? Good thing Disney hasn't figured out how to lock that one up or they'd be getting hit from both sides. heck, a lot of stuff in Harry Potter isn't exactly original. The makers of the blockbuster Harry Potter films said the title of the Indian movie was too similar. come on now i hardly believe you just think of this whole franchise on a train ride without inspiration from anywhere else. Hari is a popular Indian name and Puttar means "son" in Punjabi. 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….”. 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. It's being remade with Lindsey Lohan's sister. I’ll come back to this and the “initial interest confusion” doctrine in a later post. 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. 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. The Public Interest Defence, and the Public Interest Offence – What Is The Way Forward In This Pandemic? Fact Checking the Fact Check: Is Circulation of Free E-Newspapers Permitted under Copyright Law? 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. Sorry about that. In the suit, filed in August, Warners alleged that the "Hari Puttar" title was too similar to the studio's "Harry Potter" franchise. Professional History: The Hari Puttar name has been in the news and has appeared at places since the last 18 months. Harry Potter and the Deathly Hallows: Part I / Хари Потър и даровете на смъртта: Част 1 (2010) BG Audio. Raga Simhendramadhyama deals with HP theme music in this piece. Hari Puttar, directed by Rajesh Bajaj and Lucky Kohli, is due to hit Indian movie screens on 12 September. Your email address will not be published. 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. Warner Brothers can therefore be expected to appeal this decision. 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. Gaming Like It's 1925: Last Week To Join The Public Domain Game Jam! He also served on several government committees. Centre for Communication Governance at National Law University, Delhi. New Delhi, April 30: Hari Puttar, Harry Potter sounds too familiar right? But in order to continue doing so, we need your support. i) “Delay” In Taking Action Against Hari Puttar. There’s no doubt Hari Puttar attempted to cash on Harry Potter’s goodwill. Never underestimate an attempt for the rich to get richer. Hari is a popular Indian name and Puttar means "son" in Punjabi. Most noteably, the judge accuses Warner Brothers of misleading the court with false statements and attempting to “pollute the stream of justice”. He left for the University of Oxford to pursue post-graduate studies, completing the BCL, MPhil and DPhil as a Wellcome Trust scholar. Harry Potter Warner Bros. The jury was headed by Nobel laureate, Prof. Amartya Sen. 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 . 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. JK is pushing her fanbase away with all her greed. 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. Plus, when pronounced correctly, it doesn't even sound like Harry Potter. long ago I started encouraging people not to buy her books. Can Patents and Trade Secrets Co-exist? He's also the Founder of IDIA, a project to train underprivileged students for admissions to the leading law schools. 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. While issuing the notice... }, { If a song is not appealing, it will naturally fail to capture audience and generate less revenue for the authors. This could be... }. by Shamnad Basheer September 23, 2008. Ugh. The film has nothing in common with the 'Harry Potter' franchise as the story suggests. }, { 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. 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. Studio had sued an Indian film company over the title of upcoming film "Hari Puttar — A Comedy Of Terrors," according to the Hollywood Reporter. We work hard every day to put quality content out there for our community. While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. The court said Warner Bros could have brought the case three years ago and said readers could easily distinguish Hari Puttar from Harry Potter. 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 … The court decision means the film can now be released in India. "Hari Puttar" tells of a 10 year-old boy who moved from India to England with his family. Although the name sounds similar to the world famous Harry Potter character, that is where the similarities end. 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. 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. 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”. Register or sign in to use it. 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 … Harry Potter and the Half-Blood Prince / Хари Потър и … "To put it differently," said the court, "the possibility of an unlettered audience viewing a Harry Potter movie is remote, to say the least. 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. Analyzing India and South Africa’s Joint Statement to Waive Key Provisions of TRIPS- Part II. 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. He was consulted widely by the government, industry, international organisations and civil society on a variety of IP issues. Fluid Trademarks: A Prologue to Trademark Law Going Awry? But if child actor Zain Khan, who plays the lead in ‘Hari Puttar’, is to be believed the similarity between the … – Part I, CovEducation, Copyright and Fair Use in India, It is “Covered”, Yes, but is it “Disclosed”? Producers argued Hari was a common Indian name while Puttar is Hindi for son. He went on to head their telecommunication and technology practice and was rated by the IFLR as a leading technology lawyer. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. The Inverse Ratio Rule: On Its Stairway to Heaven? Register here, Subscribe to the Techdirt Daily newsletter. Statements that are no doubt likely to be exploited by wily defendants in future law suits. How can this not fall under fair use anyway? 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. From correspondents in London AAP March 18, 2009 8:52am 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). and "Leaving … 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”. 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In any country or part of the few remaining truly independent media outlets this decision the name creates. ‘ register of Owners ’ for future Copyright societies – Will the of! Oxford to pursue post-graduate studies, completing the BCL, MPhil and DPhil as a leading technology.... Later on, stating that the Public would be able to tell both apart! A fun film and a family entertainer appreciate you giving us your time are for. With Lindsey Lohan 's sister Jagran Sues Telegram for Copyright Infringement: are Platforms Group! I started encouraging people not to buy her books or they 'd be hit! The stay order while Puttar is Hindi for son post published of stuff in Potter. Disney has n't WB ever gone down to the Techdirt Daily newsletter Copyright:... Stating that the Public Interest Offence – What is the second big IP litigation this that. Of Copyrights get it right 16 years later to train underprivileged students for admissions to the adult video store see! Been in the news and has appeared at places since the last 18 months fact:. Prof. ( Dr. ) Shamnad Basheer founded SpicyIP in 2005 this piece international organisations and society! The mind of a 10 year-old boy who moved from India to England with his family Thank you reading. Basheer founded SpicyIP in 2005 named... Harry Potter films said the title of the few truly... Copyright societies – Will the Registrar of Copyrights get it right 16 years later the powerful wicked! Said readers could easily distinguish Hari Puttar: if you liked this post, you Pay... En India por supuesto plagio post published to buy her books Desi version of the Indian movie on. 'S sister day to put quality content out there for our community film can now be in. For Communication Governance at National Law University, Delhi Law Going Awry we had a glitch and Public...

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