M/s. Jagdamba Impex v. Tristar Products Pvt. Ltd.; 05.05.2014; FAO 128 and 129 of 2014 before the Delhi High Court Plaintiff developed a teeth cutting machine. The machine was based on Industrial Drawing and the Plaintiff was the owner of the said artistic work. The Plaintiff was making commercial use of the said drawings by…
Super Cassettes Industries Ltd. Vs. Nirulas Corner House (P) Ltd. 2008 (37) PTC 237 (Del) Plaintiff was a copyright holder of certain literary and musical works, sound recordings, music videos and cinematograph films. Defendant was engaged in the business of hotels. The Plaintiff found that few audio clippings of songs in which the Plaintiff owned…
BLUEBERRY BOOKS & ORS. v. GOOGLE INDIA PVT. LTD. & ORS. 2014 (58) PTC 62 In 2003, the Plaintiffs published a series of books under the name ‘Moral Stories’ in 4 Parts. They claimed that the stories contained in the aforementioned books are original literary and artistic works of the Plaintiffs and are protected under…
Director of Income Tax vs. Infrasoft Ltd. Delhi High Court 22.11.2013 Key Words: taxability, use of software, royalty, double taxation, Double Taxation Avoidance Agreement, license, transfer of copyright, transfer of copyrighted article, copyright, computer programme Relevant Statutory Provisions: Income Tax Act, 1961: Ss. 260A, 9(1)(vi), Double Taxation Avoidance Agreement (DTAA): Article 7, 12(3) Facts: The Respondent/Assessee (A) in this case…
Exphar SA and Anr. v. Eupharma Laboratories Ltd. and Anr. (2004) 3 SCC 688 The appellant and M/s. Shreechem Laboratories filed a suit before the Hon’ble High Court of Delhi for infringement of Copyright in packaging, layout and design of their medicine ‘Maloxine’ along with a claim for passing off. The claim of the appellants…
Kiran Shoes Manufacturers v. Registrar of Copyrights & Anr. 2013 (54) PTC 386 (Del.) (DB) Decided on: 24.02.2012 Kiran Shoes Manufacturers (Appellant) filed an appeal against the order of the Copyright Board whereby the Copyright Registration of the Appellant was expunged/cancelled under Section 50 of the Copyright Act. The appellant is a Nepal based registered…
Burlington Home Shopping Pvt. Ltd. v. Rajnish Chibber & Anr. Before the Hon’ble High Court of Delhi at New Delhi 1995 PTC (15) 278 Decided on: 20.10.1995 Plaintiff was a mail order service Company. The business of the Plaintiff was to publish mail order catalogues dealing with consumer items which were posted to the select…
Raja Pocket Books v. Radha Pocket Books Before the Hon’ble High Court of Delhi at New Delhi 1997 PTC (17) Decided on: 06.12.1996 Plaintiff filed a suit against the Defendant seeking declaration and permanent injunction restraining infringement of Copyright as well as Passing Off by use of the name and character ‘NAGESH’ which was deceptively…
Indian Performing Rights Society v. Gauhati Town Club & Anr. CS(OS) No. 559 of 2010 before the Hon’ble High Court of Delhi at New Delhi Date of Decision: 30th January, 2013 FACTS The Plaintiff is a Company and a Registered Copyright Society. The Plaintiff was established to monitor, protect and enforce the rights, interest and…
Warner Bros. Entertainment Inc. and Others v. Santosh V. G. CS (OS) No. 1682/2006 Relevant Law(s): Section 14 and 51 of the Copyright Act, 1957 Key Words: copyright, cinematographic works, parallel import, exhaustion PARTIES: The Plaintiffs (P), their associated and affiliated companies carry on business of film production and are the owners, co-owners, assignees, licensees of rights, titles and have interests…