IP wing of Delhi High Court to hear Mohak Mangal's transfer plea against ANI

The Delhi High Court on Monday referred to its Intellectual Property Division (IPD), a plea filed by YouTuber Mohak Mangal seeking transfer of ANI's copyright and trademark infringement suit from the trial court to the High Court [Mohak Mangal vs ANI & Ors].

Justice Anup Jairam Bhambhani said that IPD bench is the appropriate place for Mangal to raise the issue of consolidation of proceedings in infringement case and the defamation suit filed by the news agency against Mangal.

"It transpires that the matter relates to use of intellectual property of ANI. Rule 26 of IPD Rules provides that a petition seeking consolidation or transfer may be decided by coordinate bench in the IP Division. Since transfer and consolidation are two sides of the same coin and conflicting rulings could be discordant, list the matter before the concerned IPD bench," the Court directed.

The plea will be heard on July 25.

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 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.

Senior Advocate Diya Kapur appeared for Mangal today and argued that he had used ANI's clippings under fair use.

Advocate Sidhant Kumar, representing ANI, argued that the IP Division is already seized of the matter and injunctions have been passed in the suit.

Senior Advocate Diya Kapur with advocates Nakul Gandhi, Mujeeb and Tanish Gupta represented Mangal.

Advocate Sidhant Kumar appeared for ANI.

[Read live coverage]