The Delhi High Court on Thursday heard a plea filed by YouTuber Mohak Mangal seeking the transfer of a copyright and trademark infringement suit initiated by Asian News International (ANI). The case, which is currently pending before Patiala House Court, involves multiple videos uploaded by Mangal, which ANI claims infringe on its rights.
Justice Anup Jairam Bhambhani briefly took up the matter but immediately raised a significant legal question:
“Jurisdiction issue. Can I even entertain this? You are asking that the Patiala House suit be brought here but you've to go before a DB (Division Bench),” said Justice Bhambhani.
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This query came after Advocate Siddhant Kumar, representing ANI, referred to Section 15(5) of the Commercial Courts Act. According to him, the plea for transfer should have been moved before the commercial appellate division of the High Court, rather than being placed before a single judge bench.
Kumar clarified that ANI’s High Court case relates to alleged defamation from a YouTube video titled “Dear ANI”, while the copyright and trademark issues are the subject of a separate suit filed before Patiala House Court on June 2. He emphasized that:
“The causes of action in the two suits are different, and what is impugned before the High Court has not been impugned before the district court.”
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Representing Mohak Mangal, Advocate Nakul Gandhi argued that the trademarks ANI accuses Mangal of infringing in the High Court case are identical to those mentioned in the Patiala House Court case.
To counter Kumar’s jurisdictional objection, Gandhi sought time to present relevant legal precedents and court orders to support the maintainability of Mangal’s transfer plea.
The Court has now renotified the matter for hearing on July 16, pending the submission of those documents.
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The broader legal battle began when ANI filed a defamation, disparagement, and trademark infringement suit against Mohak Mangal over his viral YouTube video, “Dear ANI.”
The lawsuit also names others, including comedian Kunal Kamra, AltNews co-founder Mohammed Zubair, and other unnamed parties for sharing Mangal's video on X (formerly Twitter).
Previously, on May 29, Mangal agreed to remove certain portions of his video that ANI claimed were offensive.
Later, ANI initiated a separate suit before the district court on June 2, targeting 10 videos posted by Mangal for copyright and trademark violations.
Mangal's current plea argues that six out of those ten videos have already been questioned for copyright infringement in the High Court proceedings, making dual proceedings inefficient and unjustified.
The High Court is now tasked with deciding whether it has the jurisdiction to entertain Mangal’s plea or if it must be presented before a division bench under the Commercial Courts Act. The final hearing is awaited on July 16.
Title: MOHAK MANGAL v. ANI MEDIA PVT. LTD. AND ANR