Bombay HC is constantly investigating the Sony Pictures criminal case against the 1992 Scam:
Bombay HC is constantly investigating the Sony Pictures criminal case against the 1992 Scam: Bombay HC is constantly investigating the Sony Pictures criminal case against the 1992 Scam
The Bombay High Court has set aside an ongoing investigation into the defamation suit against SonyLIV’s Scam 1992. The case is set to be heard on September 17.
The separating bench of Justices SS Shinde and NJ Jamadar of the Bombay High Court has suspended a Pune police investigation into the owner of SonyLIV’s Sony Pictures Network India Pvt Ltd application, in a case against them. FIR is registered with Karad Urban Co-operative Bank (KUCB) alleging trademark infringement in the Scam series 1992. FIR has been registered on charges of defamation under the Indian Penal Code, violation of the Trademark Act and Information Technology Act. Scam 1992 is about the Harshad Mehta scam.
BOMBAY HIGH COURT GIVES RELEASE TO 1992 CAMPAIGN
A complaint lodged by the KUCB states that in one of the episodes in the series, a brand appeared that appeared to resemble a bank token. The allegation was that as the KUCB logo resembled a mark on the calendar behind the character in the web series, it caused great damage to the bank’s ‘financial, commercial and social reputation’.
Advocate Shirish Gupta, who appeared on the OTT platform, pointed out that the place with the trademark appeared in just 3 seconds. The judges interrupted him and said, “We don’t hear this in the end. We are free for a while. What does the law say?”
Shirish then stated that parts of the trademark breach would not be dealt with as it should for commercial purposes. “There is no trade here. This is just an exhibition for entertainment purposes,” he said. Shirish added, “The investigation here is conducted by a police inspector and the power is not delegated and must be done by a senior officer who is not under the rank of Deputy Chief of Police under the trademark law.”
When the bench posed this question about the investigating officer, State Attorney J P Yagnik admitted that it was actually a police inspector investigating the case. “How can you proceed with the investigation when the law says exactly who can investigate. This is a waste of time to investigate.
Advocate Amit Desai from the producers of the drama series, Applause Entertainment, added that the court should record his submission. He said, “The matter cannot be entered under the name of a trademark on the web because it is incorrect. We are not in the business of selling the calendar with that logo. It was just an agreement.
Directed by Hansal Mehta, Scam 1992 is based on the story of stockbroker Harshad Mehta who committed an Indian stock market scam in 1992, a major Indian market scam that caused a market collapse. The actors of the film are Pratik Gandhi, Shararib Hashmi, Shreya Dhanwanthary, Hemant Kher and Nikhil Dwivedi in the lead roles. It is currently streaming on SonyLIV. The series was a cinematic translation of a book entitled The Scam: Who Won, Who Lost, Who Got Away.
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