#BombayHighCourt will continue hearing the plea by Sony Pictures Ltd owner of #SonyLIV app in case of alleged criminal defamation and trademark infringement against a logo of the Karad Urban Co-op. Bank. 
Hearing before Bench of Justices SS Shinde and NJ Jamadar.
Sr Adv Shirish Gupte appears for Sony Pictures.
Sr Adv Amit Desai appears for Applause Entertainment, the producer of the #HarshadMehta Scam 1992 series.
Sr Adv Shirish Gupte appears for Sony Pictures.
Sr Adv Amit Desai appears for Applause Entertainment, the producer of the #HarshadMehta Scam 1992 series.
Court clarifies that the arguments should limited for ad-interim relief only.
#BombayHighCourt #HarshadMehta
#BombayHighCourt #HarshadMehta
Gupte states he has two submissions:
1. That FIR cannot be filed in defamation case.
2. That the trademark infringement is not for services or goods.
#BombayHighCourt #HarshadMehta
1. That FIR cannot be filed in defamation case.
2. That the trademark infringement is not for services or goods.
#BombayHighCourt #HarshadMehta
Gupte: The investigation has to be conducted by Deputy Superintendent level officer.
Court: And in this case?
Gupte: In this case, Inspector is investigating. We have received Section 41A summons.
#BombayHighCourt #HarshadMehta
Court: And in this case?
Gupte: In this case, Inspector is investigating. We have received Section 41A summons.
#BombayHighCourt #HarshadMehta
Gupte: At this stage, this is a fit case for ad-interim relief.
Desai: May I just supplement..?
Court: 115 (4) Trademark Act provides for investigation officer.. How is Inspector.. ?
APP Yagnik: We have told the officers to correct.
#BombayHighCourt #HarshadMehta
Desai: May I just supplement..?
Court: 115 (4) Trademark Act provides for investigation officer.. How is Inspector.. ?
APP Yagnik: We have told the officers to correct.
#BombayHighCourt #HarshadMehta
Court: There is no point in proceeding further, once they correct the investigation measures, then we will see.
There is no point in going further in the investigation till that is corrected. We are issuing ad-interim relief.
#BombayHighCourt #HarshadMehta
There is no point in going further in the investigation till that is corrected. We are issuing ad-interim relief.
#BombayHighCourt #HarshadMehta
Court: As per Sec 115(4) of the Trademarks Act should be investigated by Dy SP, but it is being investigated by Inspector.
Additionally an FIR has been filed for non-cognizable offence of Section 500 of IPC.
#BombayHighCourt #HarshadMehtaseries
Additionally an FIR has been filed for non-cognizable offence of Section 500 of IPC.
#BombayHighCourt #HarshadMehtaseries
Desai: My submission also be recorded, that the investigation cannot come under Dy SP also for trademark infringement in light of the judgment of Prateek Goyal passed by your lordships bench only.
Order: Desai submits that no offence of trademark infringement is made out.
Order: Desai submits that no offence of trademark infringement is made out.
Order: The APP submit that they will reflect on the grounds in the petition, and the submissions by the senior advocates.
#BombayHighCourt #HarshadMehtaseries
#BombayHighCourt #HarshadMehtaseries
Order: The offence under S 500 IPC cannot be investigated by the police. At this stage it is not necessary to elaborate, it is suffice to say that investigation cannot go on further. Ad-interim relief in terms of stay on the investigation till next hearing.
#BombayHighCourt
#BombayHighCourt
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