Kapoor vs Kreative Designs
ipr clat_ug advanced case_analysisAmit Kapoor creates a viral dance challenge video on his YouTube channel, "Duniya Dholki". The challenge, #DuniyaDholki, gains a huge following. However, the music used in the challenge is allegedly a copyrighted composition by a composer, Ramesh Sahu, who registered it with the Indian Performing Rights Society. The challenge is shared extensively across social media platforms, earning Kapoor a significant amount of money from ad revenue. Sahu claims Kapoor never obtained permission to use his copyrighted work, and he demands compensation for the unauthorized use. What legal remedy applies in this situation, under the Indian Copyright Act, 1957? Is Kapoor liable for infringement, or does he have a valid defense?
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Mere paas toh legal perspective hai, toh main kehna chhahta hoon ki yeh case unparasit trademark infringement par based hai. Kreative Designs ka trademark similarity Kapoor ka logo ke saath hai, jiska trademark registered hai. Court inhe unparasitic registration ka charge lagega, lekin logon ka support Kapoor ke saath hoga, kyunki uska trademark registered hai.