Copyright | Copyright Article | Intellectual Property Rights

‘Authorship’ and ‘Ownership’ of Copyright in a Photograph in India

As photographers, we often tend to think that we are the owner of the photograph and we can post them anywhere. Sometimes, we do not even bother to ask the person for whom we clicked these photographs, or the persons who may be there in the frame. This is where we invite troubles and land…

Articles | Copyright | Intellectual Property Rights

Difference between assigning and licensing a photograph

When you assign your rights in a photograph for a valuable consideration (fee), that is a complete transfer where you do not retain any rights. On the other hand, when you license somebody to use your photograph, that is merely a permission to use your photograph in certain ways, for a certain period, within certain…

Copyright | Intellectual Property Rights | Trade Secrets

Tech Plus Media Private Limited v. Jyoti Janda

Tech Plus Media Private Limited v. Jyoti Janda 2014 (60) PTC 121 (Del) Brief Facts: Plaintiff was a leading industry publication house in the sphere of Information Technology having a print media publication called ‘IT Price Va’r and online news portal called ‘ITVARNEWS.NET’ dedicated to Information Technology channels and professionals. Defendants were ex-employees of the…

Copyright | Intellectual Property Rights | Uncategorized

MRF Limited v. Metro Tyres Limited

MRF Limited v. Metro Tyres Limited 2019 (79) PTC 368 (Del) Delhi High Court Brief Facts: Plaintiff produced an audio-visual advertisement titled as “MRF NV Series present REVZ”. As per the Plaintiff, the Defendant, who was involved in the same business of manufacturing and marketing of tyres, had produced similar advertisement titled “Bazooka Radial Tyres”….

Copyright | Intellectual Property Rights | Passing Off | Trade Mark | Uncategorized

Delhi Public School Society v. DPS World Foundation and Anr.

Delhi Public School Society v. DPS World Foundation and Anr.  Delhi High Court 18.04.2016 Brief Facts: Plaintiff society was registered in the year 1948-49 as Delhi Public School. In 1948, Plaintiff first adopted the distinctive crest which is reproduced herein below: The said crest was registered under different classes under the Trade Marks Rules, 2002…

Copyright | Intellectual Property Rights

Mr. Diljeet Titus, Advocate v. Mr. Alfred A. Adebare and Ors AND Ms. Seema Ahluwalia Jhingan and Ors. v. Titus and Co. and Ors.

Mr. Diljeet Titus, Advocate v. Mr. Alfred A. Adebare and Ors AND Ms. Seema Ahluwalia Jhingan and Ors. v. Titus and Co. and Ors. 2006 (32) PTC 609 (Del) Brief Facts: The present suit deals with bitterness arising amongst legal personnel. Diljeet Titus, the Plaintiff and Alfred A. Adebare, one of the opposing parties to…

Copyright | Design | Intellectual Property Rights | Trade Mark

Midas Hygiene Industries Pvt. Ltd. v. Sudhir Bhatia

Midas Hygiene Industries Pvt. Ltd. v. Sudhir Bhatia In the High Court of Delhi, at New Delhi RFA No. 239, 240 and 241 of 2011 Date of decision: 04.11.2015 Brief facts: • The Respondent had filed an application before the Copyright Board under Section 50 of the Copyright Act, 1957 seeking cancellation of Copyright Registration…