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  By Abhishek Jat, Advocate The digital revolution has transformed the landscape of journalism and content creation, but it has also introduced complex legal challenges regarding the use of copyrighted material. The recent dispute between Mohak Mangal, a digital content creator, and Asian News International (ANI), a prominent news agency, exemplifies these challenges. This article explores the legal framework, analyzes the positions of both parties, and suggests a pragmatic path forward for resolving such disputes. Factual Background Mohak Mangal, known for producing long-form videos on current affairs, incorporated brief snippets of ANI-owned news footage into his content. YouTube’s Content ID system detected these segments, prompting ANI to issue two copyright strikes against Mangal’s channel. When Mangal sought resolution, ANI demanded ₹50 lakhs for a two-year licensing agreement—a figure that sparked debate over the reasonableness of such claims for limited use. The situation r...

  Overview The Supreme Court of India has recently addressed a pivotal question in the realm of intellectual property and arbitration: Are all trademark disputes excluded from arbitration? The answer, as clarified in the case of K. Mangayarkarasi & Anr. v. N.J. Sundaresan & Anr., is a definitive no—at least when the dispute arises from private contractual arrangements rather than statutory rights. Case Title and Citation Case Title: K. Mangayarkarasi & Anr. v. N.J. Sundaresan & Anr. Citation: SLP (C) No. 13012 of 2025 Bench: Justice J.B. Pardiwala Factual Matrix The dispute involved family members contesting the right to use the trademark “Sri Angannan Biriyani Hotel.” The plaintiffs sought a permanent injunction and damages, alleging that the defendants had forged assignment deeds and engaged in misconduct. The defendants, in turn, invoked arbitration clauses present in the assignment deeds, seeking referral of the matter to arbitration. Procedural Journey The Co...

  Arbitration Proceedings in LLPs: Bombay High Court Clarifies the Binding Nature of LLP Agreements By Abhishek Jat, Advocate The Bombay High Court recently delivered a significant judgment addressing the applicability of arbitration clauses in Limited Liability Partnership (LLP) agreements, particularly in cases where the LLP itself is not a signatory to the agreement. The ruling, delivered by Justice Somasekhar Sundaresan, underscores the intrinsic relationship between an LLP and its governing agreement, emphasizing that the LLP cannot be treated as a "third party" to its own foundational document. Background of the Case The dispute arose from an application filed under Section 11 of the Arbitration and Conciliation Act, 1996, by a former partner of BDO India LLP. The applicant had been expelled from the LLP and alleged misconduct and high-handed behavior by the managing partner during the expulsion process. Seeking redress, the applicant initiated arbitration proceed...