
The Delhi High Court on Friday transferred to itself a copyright and trademark infringement suit by news agency ANI against YouTuber Mohak Mangal, which is currently pending before a district court [Mohak Mangal v. ANI & Ors].
Justice Manmeet Pritam Singh Arora said that she will allow Mangal's transfer plea.
Notably, the High Court is already seized of ANI's defamation case against Mangal.
Counsel for ANI opposed the transfer, saying that the two suits are different.
Senior Advocate Diya Kapur appeared for Mangal and argued that both the suits are identical.
"The issue in both suits is: if there is trademark infringement and if there was any legitimate exercise of the copyright act. It will raise exactly the same issues. The questions of law and fact are the same. There could be conflicting decisions," she said.
The Court agreed with Kapur's submissions.
Justice Arora said that a detailed order will be uploaded later.
ANI has initiated two separate proceedings against Mangal.
In the defamation suit before the High Court, ANI has accused Mangal of disparagement and defamation over his remarks that the news agency's copyright strikes on YouTube and demands for licensing fees to use their videos amount to extortion.
On May 29, Mangal had agreed to remove objectionable references to ANI in his video.
In the suit before the district court, the transfer of which is being sought, ANI has alleged illegal and unauthorised reproduction of ten of its videos by Mangal on his channel. It has also claimed that Mangal also used the news agency's logo without permission.
Therefore, it has sought permanent and mandatory injunction as well as damages of ₹50 lakh for alleged copyright infringement, piracy, plagiarism, unjust enrichment and other wrongs.
Along with Kapur, Advocates Nakul Gandhi, Mujeeb and Tanish Gupta represented Mangal.
Advocate Sidhant Kumar appeared for ANI.
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