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…
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.
All you need to know about Open Source Software and its protections under copyright laws.
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…
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…
Midas Hygiene Industries Pvt. Ltd. Vs. Sudhir Bhatia and Ors. 2004 (28) PTC 121 (SC) The Appellants had filed a suit for passing off and for infringement of Copyright against the Respondent before the High Court. Hon’ble High Court noted that the Respondent worked with the plaintiff prior to launching it’s own business and the…
CASE LIST A copyrighted article does not fall within the purview of Royalty (under the Finland DTAA) Director of Income Tax vs. Ericsson, 343 ITR 370 Director of Income Tax vs. M/s. Nokia Networks Oy, [2013] 358 ITR 259 (Delhi) [Summary] Director of Income Tax vs. Infrasoft Ltd., (2014) 264 CTR (Del) 329 [Summary] Payments to Satellite Operators for…
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…