Oxford English Dictionary added “Phishing” to its latest publication making it a definitive word of English Language. It defines “Phishing” as: “the fraudulent practice of sending emails purporting to be from reputable companies in order to induce individuals to reveal personal information, such as passwords and credit card numbers, online.” According to the Annual Report…
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…
Stephen Koenig vs. Arbitrator, National Internet Exchange of India (Nixi) & Anr. AND Jagdish Purohit vs. Stephen Koenig 2012(49)PTC304(Del), 186(2012)DLT43 FACTS: The case is about dispute regarding the domain name ‘internet.in‘. The present petitions under Section 34 of the Arbitration & Conciliation Act, 1996 (‘Act’) were directed against an Award passed by the sole Arbitrator appointed by the National Internet Exchange…
Microsoft v. Motorola C.A No. C10-18230LR FACTS: In October 2010, Motorola sent two letters[1] to Microsoft, offering to license its H.264 and 802.11 Standard Essential Patents (SEPs) on terms that, Microsoft calculated, would result in a royalty of $4 billion. These two SEPs related to certain Wi-Fi and video compression SEPs. Microsoft responded by filing…
Google India Pvt. Ltd. vs. Visaka Industries Limited Criminal Petition No. 7207 of 2009 Decided On: 19.04.2011 Facts: The complainant in this case was engaged in business of manufacturing and selling of Asbestos cement sheets and allied products. It was alleged that one Gopala Krishna (A1) [Co-ordinator of “Ban Asbestos India”, a group hosted by Google (A2)]…
Vyakti Vikas Kendra, India Public Charitable Trust Thr Trustee Mahesh Gupta & Ors vs. Jitender Bagga & Anr. CS(OS) No. 1340/2012 Decided On: 09.05.2012 Facts: Plaintiffs in this case: Plaintiff No. 1 – Vyakti Vikas Kendra, India Public Charitable Trust, is a registered Public Charitable Trust constituted to implement and promote the spiritual, educational, social and developmental…
Avnish Bajaj vs. State (2005) 3 CompLJ 364 Del Key Words: Internet Service Providers (ISPs), Cyber Space, Criminal Liability, Director’s Liability, Listing FACTS: The case involved an IIT Kharagpur student Ravi Raj, who placed on the baazee.com a listing offering an obscene MMS video clip for sale with the username alice-elec. Despite the fact that…
L’Oreal SA v. eBay International AG (C-324/09) [2011] R.P.C. 27 Key Words: Parallel Import, Exhaustion, Europe, Trade Mark, Infringement, eBay, put on the market, reputation, online sale Legal Provisions: EU Trade Mark Directive: Article 5 – According to Article 5(1) of the Directive, the registered trade mark confers on the proprietor exclusive rights therein. In addition, Article 5(1)(a)…