This is the weekly news update for copyright and entertainment law.
Nykaa and L’Oreal settle the Copyright infringement Suit
In November of 2019, the French cosmetic giant, L’Oréal had filed a civil suit in a Delhi District Court alleging copyright infringement owing to similarity of Nykaa’s certain packaging items with L’Oréal’s trademark ‘Maybelline’ brand. The suit was recently settled. Under the new settlement terms, L’Oréal has approved the modified artwork adopted by Nykaa. Additionally, L’Oréal is also seeking reliefs of damages, rendition of accounts and any costs against Nykaa. Both the parties have also agreed to not make any claims against each other or claims relating to payment of costs or charges in relation to the settlement.
NBC and US Figure Skaters Sued for Copyright infringement
A copyright infringement suit was filed in the Central District of California’s Southern District by Robert and Aron Marderosian (also known as musical duo Heavy Young Heathens), alleging blatant and purposeful infringement on their version of “House of the Rising Sun”. The musicians claimed that, this version was used without their permission, in a routine by US figure skaters, Brandon Frazier and Alexa Knierim, during a recent short performance at the Beijing Winter Games to ride on the popularity and goodwill of the plaintiffs.
Copyright infringement verdict against Apple TV+ show ‘Servant’ overturned
A Copyright infringement suit was filed by Francesca Gregorini alleging that the Apple TV+ show ‘Servant’ is a “brazen copy” of his 2013 film titled “The Truth about Emanuel.” In May 2020, the federal Judge dismissed the lawsuit ruling that the TV show was not similar enough to the film. This judgement has been overturned and the Ninth Circuit Court reinstated a copyright lawsuit against Apple claiming the first three episodes of its “Servant” psychological horror series are a “wholesale copy” of the 2013 feature film.
Google Drive flags Mac OS system files for Copyright infringement
Google Drive has been flagging some users for violating its copyright infringement policy when they copy ‘.DS_Store’ files (metadata files that are usually created when Mac users copy an archived file or folder) to their Drive. However the Drive has a tendency to incorrectly identify a file as copyrighted and flagging for copyright infringement of nearly empty text files and restrict them from being shared.
Authored and compiled by Neharika Vhatkar (Associate, BananaIP Counsels) and Parikha Rathi (Legal Intern)
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