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Case List: Jurisdiction in Cyberspace / Conflict of Laws

CASE LIST Sarl Louis Feraud International vs. Viewfinder, Inc.  No. 05-5927-CV, 2007 WL 1598057, 2nd Cir.(N.Y.) Compuserve, Inc. vs. Patterson, 89 F.3d 1257 (6th Cir. 1996) [Text] Zippo Manufacturing Co. vs. Zippo Dot Com, Inc., 952 F. Supp. 1119 (W.D. Pa. 1997) [Text] Panavision International, L.P. vs. Toeppen, 141 F.3d 1316 (9th Cir. 1998), aff’g 945…

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Case List: LIABILITIES OF ISPs AND INTERMEDIARIES

FOR COPYRIGHT INFRINGEMENT Sony Corp. of America vs. Universal City Studios, Inc., 464 U.S. 417 (1984) [Full Text] Fonovisa, Inc. vs. Cherry Auctions, 76 F.3d 259 (9th Cir. 1996) [Full Text] CoStar Group, Inc. vs. LoopNet, Inc., 373 F.3d 544 (4th Cir. 2004)  Viacom International, Inc. vs. YouTube, Inc. 17 U.S.C Sec 512(c) Gordon Roy Parker v. Google, Inc.,…

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Case List: Cyber Defamation

INDIA SMC Pneumatics India Pvt. Ltd. v. Jogesh Kwatra, CS(OS) No. 1279/2001 (Delhi High Court, 2001) Avnish Bajaj vs. State, (2005) 3 CompLJ 364 Del (Delhi High Court, 2005) [Summary] Vyakti Vikas Kendra, India Public Charitable Trust Thr Trustee Mahesh Gupta & Ors vs. Jitender Bagga & Anr., CS(OS) No. 1340/2012 (Delhi High Court, 2012) [Summary] Google India Pvt. Ltd….

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Satyabrata Ghose vs. Mugneeram Bangur & Co.

Citation: 1954 AIR 44 Facts Satyabrata (plaintiff), assignee of Bejoy Krishna Roy, sued defendant alongwith Bejoy as party defendant, for wrongfully repudiating the contract of developing the lands which were sold to the plaintiff, and asked for specific performance of the same. Defendant took the defence of frustration as the lands which needed to be developed…

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Pannalal Jankidas Vs. Mohanlal and Anr.

Citation: AIR 1951 SC 144 Facts Plaintiffs, as agents of the defendants had stored the goods in Government godowns, requiring permit to supply them to the defendants. In the meanwhile, due to the fire in godown, the goods got burned up and plaintiffs got compensation of 50% of damage caused in respect of the goods as…

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Ghaziabad Development Authority Vs.Union of India and Anr.

Citation: AIR 2000 SC 2003 Facts GDA, though informed the plaintiffs about the allotment of plots to them, yet even after more than considerable time had elapsed, never conveyed the property to them. Latter approached MRTP Commission which granted them not only amount paid by them to the defendants for the possession of the plot alongwith…

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F.T. Kingsley vs. The Secretary Of State For India

Citation: 72 Ind Cas 270 Facts Plaintiff obtained a license to catch elephants from the Deputy Commissioner for two years; however, the sanction of the government was not obtained by the plaintiff till 15 days had elapsed, secondly, officers wrongfully denied to accept the prescribed royalty and transit passes were not issued to him, such…

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Do you have a right to request search engines to remove your personal data, i.e. Right to be Forgotten?

Have you ever thought about your “right to be forgotten”, which means, can you delete your personal data from the web? Though the question sounds simple, and in India, perhaps, never-heard-of, the issues has generated never-ending debate worldwide.

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Hindustan Pencils (P) Ltd. v. India Stationery Products Co. and Anr.

Hindustan Pencils (P) Ltd. v. India Stationery Products Co. and Anr. AIR 1990 Delhi 19 Plaintiff adopted the mark Nataraj with the device of dancing Nataraj in 1961 and got the same registered. Plaintiff’s Case: Plaintiff got to know somewhere in the middle of the year 1985 that the Defendants had registered a copyright similar…

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Dhodha House Vs. S.K. Maingi & Patel Field Marshal Industries and Ors. Vs. P.M. Diesel Limited

Dhodha House Vs. S.K. Maingi & Patel Field Marshal Industries and Ors. Vs. P.M. Diesel Limited (2006) 9 SCC 41 In this matter, there were two civil appeals before the Hon’ble Supreme Court. Facts: 1st Civil Appeal Appellant filed a suit against the Respondent to protect his copyright, trade marks and common law rights as…