Bombay High Court orders takedown of ad featuring Dhurandhar film character

The Bombay High Court on Monday passed an order directing online intermediaries to take down an advertisement featuring a character and a behind-the-scenes clip from the Hindi film Dhurandhar. [Reliance Industries Ltd v. Masterchow Foods Pvt Ltd & Ors.].Justice Sharmila U Deshmukh found that continued dissemination of the advertisement by John Doe entities (unknown third parties) would violate the producer’s copyright in the character and related film material. Justice Deshmukh held that once the creator of the ad had acknowledged Reliance's copyright and agreed to a limited licence, further dissemination of the ad by others had to be restrained. Therefore, the Court directed online ‘John Doe’ intermediaries to de‑list, remove, delete or disable access to the advertisement and behind-the-scenes video..The order was passed on a plea by the film's producer Reliance Industries Limited, through its media and entertainment division Jio Studios, against Masterchow Foods Pvt Ltd and B62 Studios, owned by Dhurandhar’s director Aditya Dhar..Reliance initiated legal proceedings against the food brand concerning the advertisement. The brand's promotion incorporated behind-the-scenes footage as well as Jameel Jamali, a character from Reliance's two-part film, Dhurandhar. .The ad under challenge was initially produced and published by Masterchow. But it was subsequently reposted and shared across social media by various unidentified users, prompting a prayer for John Doe relief against unknown defendants..The Court recorded that the dispute between Reliance and Masterchow had been amicably settled. .Under those consent terms, Masterchow acknowledged that Jio Studios and B62 are co‑owners of all intellectual property in Dhurandhar, including the visual depiction of Jamali’s character used in the ad. Hence, it agreed not to use any portion of the film or underlying works without Reliance’s written approval..The consent terms also provided for a limited licence allowing Masterchow to use the character in the advertisement only till May 7, for which consideration had already been paid..Reliance also pointed out that the same advertisement and behind-the-scenes video were now circulating via links and posts shared by unknown third parties on multiple platforms. It sought an order against John Doe entities to ensure that these infringing copies were removed or disabled.The Court allowed the same and Reliance was tasked to identify and communicate the offending links. .Advocates Rashmin Khandekar, Ameet Naik, Madhu Gadodia, Aman Saraf, Unnati Gambani and Vinayika Shahi briefed by Anand and Naik Company appeared for Reliance Industries.Advocates Rohan Savant, Aagam Mehta, Priyanka Desai and Abhishek Kamble briefed by The Fort Circle appeared for Masterchow.Advocates Parag Khandhar, Chandrima Mitra, Anaheeta Verma and Pratyusha Dhadda briefed by DSK Legal appeared for B62.[Read Order]