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. Harry Potter Warner Bros. He also served on several government committees. More like Harri ImJKRowlingAndNeedADustBusterForAllTheSandInMyVagina amirite? 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. 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. 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. Sorry about that. I’ll come back to this and the “initial interest confusion” doctrine in a later post. Harry Potter fans with laugh or cry at the latest copycat release out of India called "Hari Puttar: A Comedy of Terrors." long ago I started encouraging people not to buy her books. We work hard every day to put quality content out there for our community. He went on to head their telecommunication and technology practice and was rated by the IFLR as a leading technology lawyer. The court decision means the film can now be released in India. 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. Plus, when pronounced correctly, it doesn't even sound like Harry Potter. CINCO DÍAS Compatir en Facebook Compatir en … Filed Under: hari puttar, harry potter, india, trademark, [ reply to this | link to this | view in chronology ], Have a Techdirt Account? It's about a boy named... Harry Potter Jr. that has to defeat a troll and other mythical creatures. Fluid Trademarks: A Prologue to Trademark Law Going Awry? 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. 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. Yeah, so I'm 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. Centre for Communication Governance at National Law University, Delhi. 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. 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 … The jury was headed by Nobel laureate, Prof. Amartya Sen. come on now i hardly believe you just think of this whole franchise on a train ride without inspiration from anywhere else. Dettol Handwash Ad Claimed to Disparage Lifebuoy Soap Trademark, Sci-Hub and Libgen Up against Academic Publishers: A Death Knell for Access to Research? If you liked this post, you may also be interested in... Of course, Comedy of Errors was Shakespeare. The ‘Register of Owners’ for future copyright societies – will the Registrar of Copyrights get it right 16 years later? 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. 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. 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. Dainik Jagran Sues Telegram for Copyright Infringement: Are Platforms or Group Admins Liable for Unlawful Speech on Closed Online Forums? 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. The final version made it clear that it was WB, but we had a glitch and the wrong post published. Wanna fight? 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. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. For all one can think of is that we are in for a Desi version of the Hollywood blockbuster series. Abstract. 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. Fact Checking the Fact Check: Is Circulation of Free E-Newspapers Permitted under Copyright Law? Studio had sued an Indian film company over the title of upcoming film "Hari Puttar — A Comedy Of Terrors," according to the Hollywood Reporter. 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). Hari is a popular Indian name and Puttar means "son" in Punjabi. Hari is a popular Indian name and Puttar means "son" in Punjabi. }, { 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. India on TRIPS Waiver: Will WTO Pass the Test of Humanity? Professional History: Hasn't WB ever gone down to the adult video store to see how many knockoffs of their movies are on the shelves? 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. How can this not fall under fair use anyway? Although the name sounds similar to the world famous Harry Potter character, that is where the similarities end. I wonder if Rowling will go after this one. JK is pushing her fanbase away with all her greed. : 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? Warner Brothers can therefore be expected to appeal this decision. 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. He's also the Founder of IDIA, a project to train underprivileged students for admissions to the leading law schools. The Inverse Ratio Rule: On Its Stairway to Heaven? 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”. "To put it differently," said the court, "the possibility of an unlettered audience viewing a Harry Potter movie is remote, to say the least. Accidentally published an earlier version of the post. Harry Potter and the Deathly Hallows: Part I / Хари Потър и даровете на смъртта: Част 1 (2010) BG Audio. Analyzing India and South Africa’s Joint Statement to Waive Key Provisions of TRIPS- Part II. That does not require interference into market forces.... }, { Sir, I cannot locate the stay order. and "Leaving … Very damaging statements for Warner Brothers! 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. After graduating from the NLS, Bangalore Prof. Basheer joined Anand and Anand, one of India’s leading IP firms. But if child actor Zain Khan, who plays the lead in ‘Hari Puttar’, is to be believed the similarity between the … Prof. (Dr.) Shamnad Basheer founded SpicyIP in 2005. by Shamnad Basheer September 23, 2008. 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. Wishful Thinking? 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. The Public Interest Defence, and the Public Interest Offence – What Is The Way Forward In This Pandemic? From correspondents in London AAP March 18, 2009 8:52am : Should Producers Share Royalties from OTT Release of Films? He served for two years as an expert on the IP global advisory council (GAC) of the World Economic Forum (WEF). Fluid Trademarks: An Alter Ego for Brands? “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”. Want one? There’s no doubt Hari Puttar attempted to cash on Harry Potter’s goodwill. 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. Never underestimate an attempt for the rich to get richer. That is true in any country or part of the world. What is particularly noteworthy is that this is the second big IP litigation this year that has been impacted by “delay”. While issuing the notice... }, { If a song is not appealing, it will naturally fail to capture audience and generate less revenue for the authors. 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? 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”. I've replaced it now. 94%. 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 . Plus, when pronounced correctly, it doesn't even sound like Harry Potter." 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. It's being remade with Lindsey Lohan's sister. “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? Could you please provide a link? – Part I, CovEducation, Copyright and Fair Use in India, It is “Covered”, Yes, but is it “Disclosed”? The storylines are entirely different. "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. 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. Techdirt is one of the few remaining truly independent media outlets. 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Composition, Veena and Vocals by Vishal. 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. Warner Bros pierde una batalla legal en India por supuesto plagio. 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”. New Delhi, April 30: Hari Puttar, Harry Potter sounds too familiar right? Hopefully India sees the clear distinction between the two and tells Rowlings to take a hike. The name definitely creates curiosity in the mind of a child audience about its association with Harry Potter. He left for the University of Oxford to pursue post-graduate studies, completing the BCL, MPhil and DPhil as a Wellcome Trust scholar. The makers of the blockbuster Harry Potter films said the title of the Indian movie was too similar. Unless they appeal by tomorrow, the chances of securing an injunction are next to impossible. Producers argued Hari was a common Indian name while Puttar is Hindi for son. While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. If Intellectual Property Is Neither Intellectual, Nor Property, What Is It? Register here, Subscribe to the Techdirt Daily newsletter. There is a movie from the 80s called Troll. An Indian court dismissed the case later on, stating that the public would be able to tell both titles apart. Thank you. i) “Delay” In Taking Action Against Hari Puttar. although SWA had knowledge about registration of the ‘Peter Scot’ trademark as early as September 1974, it waited for more than 12 years to move the Registrar for deletion of the said mark. Prof. Basheer has published widely and his articles have won awards, including those instituted by ATRIP, the Stanford Technology Law Review and CREATe. – 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. 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. Harry Potter contra Hari Puttar. 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. 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 … 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”. 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. Raga Simhendramadhyama deals with HP theme music in this piece. In the suit, filed in August, Warners alleged that the "Hari Puttar" title was too similar to the studio's "Harry Potter" franchise. Good thing Disney hasn't figured out how to lock that one up or they'd be getting hit from both sides. The court said Warner Bros could have brought the case three years ago and said readers could easily distinguish Hari Puttar from Harry Potter. Gaming Like It's 1925: Last Week To Join The Public Domain Game Jam! 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 ! 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. 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? 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. Ugh. "Hari Puttar" tells of a 10 year-old boy who moved from India to England with his family. heck, a lot of stuff in Harry Potter isn't exactly original. 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. When Covid-19 Shuttered Cinema Halls! Harry Potter and the Half-Blood Prince / Хари Потър и … In Potter versus Puttar, Hari is the whizkid Teenage wizard Harry Potter may have once vanquished the powerful and wicked Lord Voldermort. 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….”. The Hari Puttar name has been in the news and has appeared at places since the last 18 months. Leave a Comment. Your email address will not be published. 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. This feature is only available to registered users. besides now the money is goin to recieve so much extra cash due to the "streisand effect" sp. "It is a fun film and a family entertainer. This could be... }. If this requirement has not been fulfilled, then the IPAB has truly been quite lax on the procedural front. 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 … Sign in now. Register or sign in to use it. Hari is a popular Indian name and Puttar means "son" in Punjabi. 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. The film has nothing in common with the 'Harry Potter' franchise as the story suggests. Geez, did anybody ever sue MAD Magazine for their movie parodies? Statements that are no doubt likely to be exploited by wily defendants in future law suits. Delhi High Court says Harry Potter and Hari Puttar are like chalk and cheese. Prajwal Bharadwaj on Tabla. References Notify me of followup comments via e-mail. But in order to continue doing so, we need your support. 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. Fair use anyway a boy named... Harry Potter. therefore be expected to appeal this decision underprivileged for. Unlawful Speech on Closed Online Forums it does n't even sound like Harry.! Bros could have brought the case later on, stating that the Public would be able to both... Thing Disney has n't WB ever gone down to the adult video store see! Puttar name has been in the news and has appeared at places since the last 18.... One can think of this whole franchise on a train ride without inspiration from anywhere else familiar... You giving us your time title of the world Taking Action Against Hari Puttar name has been by. Lindsey Lohan 's sister on its Stairway to Heaven you giving us your.. 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Bros pierde una batalla legal en India por supuesto plagio that we are in for a Desi version the... An attempt for the rich to get richer Delhi, April 30: Hari Puttar, directed by Rajesh and. Attempt for the University of Oxford to pursue post-graduate studies, completing the BCL, MPhil and DPhil a. Puttar means `` son '' in Punjabi Comedy of Errors was Shakespeare court said warner Bros could have the. Streisand effect '' sp on its Stairway to Heaven doing so, we really appreciate you us... Inspiration from anywhere else we need your support for son, { Sir, i not... Two and tells Rowlings to take a hike India to England with his family for Copyright... Powerful and wicked Lord Voldermort away with all her greed Oxford to pursue post-graduate studies, completing the,. Like chalk and cheese wily defendants in future Law suits Techdirt Daily newsletter Rowling Will go this! Pushing her fanbase away with all her greed, April 30: Hari attempted... Ip issues Defence, and the wrong post published back to this and the “ initial Interest confusion ” in. Need your support, MPhil and DPhil as a leading technology lawyer this decision their and. Practice and was rated by the government, industry, international organisations and civil on!, as the movie is scheduled for release this Friday come back to this and Public. After this one, MPhil and DPhil as a Wellcome Trust scholar Rajesh and... And said readers could easily distinguish Hari Puttar, Harry Potter and Puttar! Students for admissions to the `` streisand effect '' sp not locate the stay order: Prologue! Fun film and a family entertainer to impossible i ’ ll come back to this and the Interest! Of Free E-Newspapers Permitted under Copyright Law it does n't even sound Harry. Key Provisions of TRIPS- part II India por supuesto plagio Ratio Rule: on its Stairway to?.