Humans of Bombay claims copyright infringement, Delhi HC seeks online portal’s stand

The application for interim relief has been filed in HOB’s main lawsuit in which the HC also issued summons. The matter is next listed on October 11.

Appearing for HOB, advocate Abhishek Malhotra said that the defendant has started an identical portal/service having identical content by the name of People of India. He said that the defendant has replicated images/videos from HOB’s platform and has used it on its own platform.

Referring to a comparative table of some of the images mentioned in the application, Malhotra said that the same would show that the defendant has completely replicated the business model and in some cases the stories themselves.

The HC perused through the comparative table and said, “perusal of the same would show that there is substantial imitation and in some cases photos are identical”.

“…the similarities between the Infringing Content and the Plaintiff’s content not just constitutes infringement of copyright owned by the Plaintiff, but also, to passing off and unfair competition, as the Defendants have, evidently, knowingly and deliberately, published content that is identical or substantially similar to the popular Content comprised of Plaintiffs Works in an attempt to ride on goodwill that has been painstakingly built by the Plaintiff,” the plea states.

Among the various reliefs sought, the application seeks a direction to POI to take down all of HOB’s work which has been created by POI either directly or indirectly.

The application states that the defendant POI has infringed the copyright in films hoisted on HOB’s instagram account and Youtube page. The application further states that POI has carried out the unlicensed adaptation of HOB’s “literary work” by POI to create identical cinematograph films as well as the unlicensed appropriation by POI of HOBs unique format of storytelling.