Delhi HC restrains unauthorised use of 'Taarak Mehta Ka Ooltah Chashmah' content

New Delhi: The Delhi High Court has restrained the unauthorised use of the name, characters and content of popular television show "Taarak Mehta Ka Ooltah Chashmah.”

The makers of the show, which was stated to have been on air for more than 16 years with approximately 4,000 episodes, alleged that several entities were using its name, images of characters etc. for commercial gains by running websites, selling merchandise and even publishing "sexually explicit and vulgar" videos on YouTube.

In an interim order passed against several known and unknown entities on a lawsuit filed by the show's producer, Justice Mini Pushkarna said if the ex-parte ad-interim injunction is not granted, the plaintiff will suffer an irreparable loss.

The plaintiff, Neela Film Productions, said it has statutory rights over several registered trademarks in India pertaining to its show and its characters, some of its trademarks being "Taarak Mehta Ka Ooltah Chashmah", "Ooltah Chashmah", "Taarak Mehta", "Jethaalal", "Gokuldhaam" etc.

The court was informed that while the plaintiff enjoys the copyright of the show's various characters and animations, some entities are, in an unauthorised manner, selling merchandise, such as T-shirts, posters and stickers, bearing the images and dialogues of characters from the show through websites and e-commerce platforms.

It was also claimed that content was generated through the use of artificial intelligence or deepfakes of characters as well as video games.

"An order of ex-parte ad-interim injunction is passed, thereby restraining the defendant nos. 1 to 12 and 14 to 21 (including the John Doe parties) ... from, in any manner, ... publishing ... offering for sale on their websites ... the plaintiff's copyrighted material/registered trademarks, including, but not limited to the title, the characters, format and underlying materials in the said show or anything else, which otherwise amounts to an infringement of the plaintiff's copyright/registered trademarks/passing off of the goods/services offered by the defendants," the court said in an order passed on August 14.

The court further ordered that YouTube videos, which contain characters or material from the show, including pornographic content, are required to be brought down by those making the uploads.

In case the infringing videos are not brought down within 48 hours, the Information Technology (IT) ministry and the Department of Telecom will ask the respective internet service providers or intermediaries to suspend all links or videos, the court said.

It also granted liberty to the plaintiff to notify YouTube to block or suspend all the infringing links and directed the platform to provide the plaintiff with the necessary details of the offending uploaders.

Asit Kumar Modi, the producer of the show, expressed his relief at the high court's decision and said it sends a strong message that such infringement of the show's intellectual property will not be tolerated.

"This show has been a labour of love for everyone involved, and it is disheartening to see our hard work being exploited in such a manner. We are grateful to the Delhi High Court for recognising the importance of protecting our intellectual property," he said.

"As the creator of this show, I have always believed in the power of storytelling and the impact it can have on people's lives. This order not only protects our creative efforts but also boosts the morale of everyone involved in the making of the show. It reassures us that our creativity will be respected and safeguarded, allowing us to continue bringing joy to our audience without the fear of exploitation," Modi added.