Open Source Software (OSS) – Are they protected?
All you need to know about Open Source Software and its protections under copyright laws.
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…
Case List-IPR | Copyright | Governing Law & Jurisdiction | Intellectual Property Rights | Trade Mark
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…
V. Manicka Thevar Vs. Star Plough Works
V. Manicka Thevar Vs. Star Plough Works, Melur AIR 1965 Madras 327 Appellant filed a suit against the Respondent for permanent injunction from manufacturing and selling certain patterns of ploughs on the ground that the same was an infringement of the Appellant’s patent. The Appellant secured an interim injunction, but, on an application filed by…
J.R. Kapoor Vs. Micronix India
J.R. Kapoor Vs. Micronix India 1994 Supp (3) SCC 215 Respondent as well as the Appellant manufactured and sold various electrical and electronic goods. Respondent filed a suit for injunction against the use of the trade name ‘MICROTEL’, the logo ‘M’ and the Packing carton on the ground that the same is similar to it’s…
Titan Industries Vs. Nitin P. Jain and Anr.
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…
LT Foods Limited v. Heritage Foods (India) Limited
LT Foods Limited v. Heritage Foods (India) Limited; 07.05.2014; FAO (OS) 3 of 2014 before the Division Bench of the Delhi High Court The Appellant filed a suit seeking towards infringement and passing off of it’s trade mark HERITAGE. Respondent was a registered proprietor of the Trade Mark HERITAGE for the same goods. Therefore, the…
Tekla Corporation & Anr. v. Survo Ghosh & Anr.
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…
M/s. Jagdamba Impex v. Tristar Products Pvt. Ltd.
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…
Dr. Alloys Wobben and Anr. v. Yogesh Mehra and Ors.
Dr. Alloys Wobben and Anr. v. Yogesh Mehra and Ors.; 02.06.2014; Supreme Court of India A Question of law came up before the Supreme Court on the issue of Multiplicity of proceedings for Revocation of Patent. The question was framed as follows, In case, there is already a revocation petition filed by an entity against…
Procter & Gamble Manufacturing (Tianjin) Co. Ltd. & Ors. v. Anchor Health & Beauty Care Pvt. Ltd.
Procter & Gamble Manufacturing (Tianjin) Co. Ltd. & Ors. v. Anchor Health & Beauty Care Pvt. Ltd.; 30.05.2014; FAO(OS) No. 241 of 2014 before the Division Bench of the Delhi High Court Respondent was Regd. Proprietor of the mark ALLROUND claiming user since 2004. Appellant started using ‘ALL-AROUND PROTECTION’ for tooth paste and ALL ROUNDER…
Triumphant Institute of Management Education v. Aspiring Mind Assessment Pvt. Ltd. & Ors.
Triumphant Institute of Management Education v. Aspiring Mind Assessment Pvt. Ltd. & Ors. 13.05.2014: CS(OS) No. 1058 of 2014 before the High Court of Delhi Plaintiff claimed to be proprietor of the mark AIMCAT in Classes 16 and 41 claiming user from 2002. Defendant was using AMCAT since 2008 and the same was an abbreviation…