Dabur India Ltd. v. K. R. Industries AIR 2008 SC 3123 Brief Facts: The Appellant, Dabur India Ltd., manufactured a product known as ‘Dabur Red Tooth Powder’ or ‘Dabur Lal Dant Manjan’. The Appellant claimed copyright in the ‘carton’ of the product and alleged that the said ‘carton’ constitutes an ‘artistic work’ under Section 2(c)…
What is Encryption? Schedule V of the Information Technology (Certifying Authorities) Rules, 2000, defines encryption as- “The process of transforming plaintext data into an unintelligible form (cipher text) such that the original data either cannot be recovered (one-way encryption) or cannot be recovered without using an inverse decryption process (two-way encryption).” Cryptographic techniques are generally…
Conditions for using ‘Implied Terms’ for Interpretation Lord Simon in BP Refinery (Westernport) Pty Ltd vs. The Shire of Hastings [1978] 52 AJLR 20 held that- “…for a term to be implied, the following conditions (which may overlap) must be satisfied: it must be reasonable and equitable; it must be necessary to give business efficacy to the…
In this article learn how you can register Trade Mark in India.
CITATION: 2013 (54) PTC 578 (Mad) FACTS In this case, the appellant was a private limited company providing online matrimonial services. In the course of its business, it had adopted several trademarks including, inter alia, Bharatmatrimony, Tamilmatrimony, Telugumatrimony, Assamesematrimony, etc. and registered several domain names with these word marks. The respondents (Google India and its parent…
All you need to know about meta tagging and how it can lead to infringement of trademark. The article discusses all the leading case laws in India and United States and explains when use of meta tags can be protected as ‘fair use’.
One of the most sought and used mode of communication is internet. A decade ago Internet connectivity may have been considered a luxury, but today it has become a necessity. It’s been several years since France has made access to Internet a human right. Finland has gone a step further and mandated access to a…
Sushmita Ravi & Vivek Verma Data Protection under the Information Technology Act, 2000 (the “Act”) As per Section 43 of the Act, if any person without taking permission from the owner or any other person who may be incharge of a computer, computer system or computer network (collectively “Computer”) accesses or secures access to such…
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…
Dharampal Premchand Ltd. v. Golden Tobacco Products 2007(34) PTC 633 (Del.) (DB) Decided on: 08.05.2007 Plaintiff had filed a suit for infringement of it’s trademark ‘BABA’, for breach of it’s copyright and for passing off. The Defendant filed an application under Order VII Rule 10 of the Code of Civil Procedure, 1908 seeking rejection of…
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…