ANI files fresh plea against YouTuber Mohak Mangal alleging unauthorized use of news videos

A Delhi court on Monday issued notice to YouTuber Mohak Mangal and Google LLC on a copyright and trademark infringement suit filed by Asian News International (ANI) accusing him of using the news agency's videos for his own works without any authorization. .District Judge (Commercial Courts) Balwant Rai Bansal, however, refused to pass any interim order for continuation of the takedown of the videos and listed the matter for hearing on July 26..This is the second suit ANI has filed against Mangal. In a suit filed before the Delhi High Court, ANI has accused Mangal of disparagement and defamation in the case over his remarks that news agency's copyright strikes on YouTube and demands for licensing fees to use their videos, amounts to extortion. On May 29, Mangal had agreed to remove objectionable references to agency in the video.In the new suit before the district court, ANI has alleged illegal and unauthorized reproduction of ten videos by Mangal on his channel. It has also claimed that Mangal has unauthorizedly used the news agency logo.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. .Advocate Sidhant Kumar, representing the ANI, argued that the news agency had only impugned one video before the High Court. "I only impugned one video before the High Court in which he is using defamatory words," Kumar said.He added that videos being challenged in the present suit have been taken down over infringement but may be made available again in accordance with YouTube policy. Thus, he sought a status quo order.Kumar also said that Mangal cannot use ANI videos without authorization."He is making revenue out of copying my content. They don't dispute they have used my video, they say they are entitled to use. He cannot copy my content verbatim. He cannot copy the videos of my journalists and videographer.".In response, Senior Advocate Chander Lall, appearing for Mangal, accused ANI of forum shopping. "Similar relief on same facts was filed at the Delhi High Court and the relief is not granted," Lall said, adding that Mangal will seek transfer of the suit to High Court. The Court then issued notice on the suit and asked ANI to supply the complete copy of plaint to the defendants. It added that they may file their written statements and replies to the injunction application."I am not passing any [interim order]. I am just fixing it for consideration and I will be hearing on the next date," the judge said..ANI in the suit has said that the its videos were widely circulated by Mangal to his subscribers as well as to the public through its YouTube channel, with viewership ranging over four million. "These infringing publications have enabled Defendant No. 1 to divert the traffic of viewers from Plaintiff to its own channel. This has led to Defendant No. 1 garnering substantial publicity, which it would have otherwise not received. The segments from the Original Videos of the Plaintiff form an integral portion of the Infringing Videos. Defendant No. 1 is thus, gaining wide publicity and revenue at the cost of infringement of the exclusive rights of the Plaintiff," the suit states..Senior Advocate Chander Lall with advocates Nakul Gandhi, Annanya Mehan, Mujeeb and Tanish Gupta represented Mangal.