Atlantic Industries & Ors. v. Simron Food Processors Pvt. Ltd. CS(OS) No. 2185 of 2011 Date of Decision: 26.05.2014 Facts: The Plaintiff No.1, a corporation organized and existing under the laws of the Cayman Islands, incorporated in the year 1979, was a wholly owned subsidiary of the Coca Cola Company, which is an internationally renowned…
Reckitt Benckiser India Ltd. and Anr. v. Dabur India Ltd.; CS(OS) No.1829/2014 31.10.2014 (Delhi High Court) In 2006, Plaintiff started using the ‘FIREMAN DEVICE’ to market their product GAVISCON (Drug for heart burn and gastr-oesophagal disease). Defendant came out with an ad of Pudin Hara which also had FIREMAN elements. Plaintiff filed a suit for…
Sanjay Kapur & Anr. v. Dev Agri Farms Pvt. Ltd.; 2014 (59) PTC 93 (Del) Plaintiff was selling tea pouches in a particular packaging since 1981. As per the Plaintiff the packaging was distinctive. It comprised a soft paper packet shaped in rectangular sided cuboid. This packet was shipped in a fabric sleeve and was…
Super Cassettes Industries Ltd. v. Music Broadcast Pvt. Ltd. 2012 (50) PTC 225 (SC) ISSUE: Whether on a complaint made to the Copyright Board under Section 31 of the Copyright Act, 1957, the said Board under Clause (b) of Sub-section (1) can pass an interim order in the pending complaint. In other words, whether the…
Rai Toys Industries and Ors. v. Munir Printing Press, Delhi 1982 PTC 85 Plaintiff filed a suit for infringement of Copyright in it’s Tambola tickets which were copied by the Defendant. The Plaintiff was also the registered owner of the Copyright. The Learned Single Judge granted a decree of permanent injunction in favour of the…
World Wrestling Entertainment Inc. v. M/s. Reshma Collection Before the Hon’ble High Court of Delhi at New Delhi FAO(OS) No. 506 of 2013 Date of Decision: 15.10.2014 Appellant filed a suit seeking permanent injunction restraining infringement of Copyright, Infringement of Trade Mark, Passing Off, Dilution, Rendition of Accounts, Damages, etc in respect of their Trade…
Infringement of trademark and copyright in the board game called ‘SCRABBLE’ by use of metatags and hyperlinks. Whether use of metatags and hyperlinks amount to trademark infringement and therefore should be afforded protection. Find out in this landmark case.
India Tv Independent News Service Pvt. Ltd. & Ors. Vs. Yashraj Films Pvt. Ltd. 2013 (53) PTC 586 (Del) There were two suits filed by Yash Raj Films. In one suit, the Defendant used the first line of the lyrics of a hit song ‘Kajra Re Kajra Re Tere Kare Kare Naina’ in an advertisement….
All you need to know about Open Source Software and its protections under copyright laws.
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…
Titan Industries Vs. Nitin P. Jain and Anr. 2006 (32) PTC 95 (Del) The Plaintiff was incorporated in the year 1987 and its activities included manufacturing and marketing of watches, clocks and jewellery. The cause of filing the suit was the manufacturing and marketing of watches by the Defendants under the trade name/trade mark SONA…
Tekla Corporation & Anr. v. Survo Ghosh & Anr.; 16.05.2014; CS(OS) 2414 of 2011 befpre the Delhi High Court Plaintiffs filed a suit for infringement of Copyright in Computer Programme. Defendant raised a defence of Copyright Misuse in the Statement and pressed for framing of issue on the same. Plaintiff contended that there is no…