Sunday, November 29, 2020

  HELD Unless, it is demonstrated that failure to imply such power to direct immediate republication or performance of a work in public would be detrimental to public interest, the power to grant ad hoc compulsory licence, cannot be implied. No such detriment is demonstrated. In the absence of an express statutory grant, I would […]

HELD A conjoint reading of Section 11 of the Copyright Act and Section 83 of the Trade Marks Act clearly indicates that the Appellate Board as constituted under Section 83 of the Trade Marks Act would also have the jurisdiction to perform the functions under the Copyright Act as well. IN THE HIGH COURT OF […]

BEF ORE COPYRIGHT BOARD Bench : Dr. Raghbir Singh – Chairman Sh. Satish Chandra – Member Sh. Rajendra Kumar Mishra – Member Case No. 1 of 2002 M/s Music Broadcast Pvt. Ltd. Park Plaza, 6th Floor, 71, Park Street, Calcutta-700 016. V/s ….. Applicant M/s Phonographic Performance Ltd., 1/3 Bangur Avenue, Block D, 3rd Floor, […]

  Relying on the judgment of the Supreme Court in Indian Performing Rites Society vs. Sanjay Dalia wherein the jurisdiction for institution of suits was clarified by the Supreme Court after referring to Section 62 of the Copyright Act, 1957 and Section 134 of the Trade Marks Act, 1999, the Court inter alia held that a […]

  CS(COMM) 347/2020 Page 1 of 4 $~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 347/2020 SUPER CASSETTES INDUSTRIES PVT. LTD.. ….. Plaintiff Represented by: Mr. Amit Sibal, Senior Advocate with Ms. Geetanjali Visvanathan, Mr. Aditya Gupta, Ms. Aishwarya Kane, Mr. Vinay Tripathi, & Mr. Saksham Dhingra, Advocates. versus RELEVANT […]

LOOTCASE Vs Tukkaa Fitt’s  movies last day injunction sought HELD that the two movies are only similar so far as they revolve around a stolen bag full of money, but since no copyright subsists over themes, plots and ideas, there is no infringement.  “public knowledge of which is being sought to be attributed on the basis […]

2009(2) LAW HERALD (SC) 1000 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Lokeshwar Singh Panta The Hon’ble Mr. Justice B.Sudershan Reddy Civil Appeal No. 389 of 2009 Academy of General Education, Manipal v. B. Manini Mallya {Decided on 23/01/2009} For the Appellants:       Dr. Rajiv Dhavan, […]

Delhi High Court Pepsi Co. Inc. And Anr. vs Hindustan Coca Cola And Ors. on 1 September, 2001 Equivalent citations: 94 (2001) DLT 30 Author: C Mahajan Bench: C Mahajan JUDGMENT C.K. Mahajan, J. 1. By way of this application for grant of an interim injunction, the plaintiffs seek orders restraining the defendants from in […]

Held that a website could be classified as rogue when it was clear that its primary purpose was to provide unauthorized and infringing content to the public, the details of the owners were masked/untraceable, it was non-responsive to legal notices and contained directories or indexes to facilitate infringement of copyright. The Court noted that not […]

Held that the offence of infringement of copyright as provided under Section 63 of Copyright Act, 1957 is a non-cognizable and bailable offence.   IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:25.11.2019 + W.P.(CRL) 3422/2018 &CRL.M.A. 35858/2018 ANURAG SANGHI …..Petitioner versus STATE & ORS ….. Respondents Advocates who appeared in […]

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