Tuesday, October 20, 2020

Plea To Stay ‘Chhapaak’ Movie: Copyright Can’t Be Claimed On True Events; Meghna Gulzar Tells Bombay HC Nitish Kashyap 8 Jan 2020 10:45 AM Meghna Gulzar, Director of the movie ‘Chhapaak’ filed an affidavit before the Bombay High Court on Tuesday and told the Court that it was a settled law that copyright cannot be […]

Bombay HC restrains Chinese Jewellery Website from using the “ORRA” brand name [Read Order] Omkar Gokhale December 6 2019 The Bombay High Court recently restrained a Chinese website with operations in India from selling jewellery using the brand name ‘ORRA‘. ORRA Fine Jewellery Private Limited (ORRA), promoted by Russell Arun Mehta of Rosy Blue diamonds had moved the High Court seeking restraining orders against a Chinese […]

  (2019) 2 CivCC 42 : (2019) 258 DLT 663 : (2019) 174 DRJ 490 : (2019) 78 PTC 437 DELHI HIGH COURT SINGLE BENCH ACHLA SABHARWAL — Appellant Vs. A. SAPTRISHI FILMS & ORS. — Respondent ( Before : Vinod Goel, J. ) First Appeal From Order Np. 40 of 2017; Civil Miscellaneous No. 2669 of 2017 […]

The Court granted an ex parte interim injunction restraining the Respondents from infringing and passing off the Petitioner’s mark “KITPLY” by using various marks containing “KIT” in respect of furniture. The Court noted that the Petitioner had prima facie substantiated its case, and the Respondents were also infringing the Petitioner’s copyrights and its tagline. ORDER […]

Obligations of Online Intermediaries to act against content infringing Trademark, What Delhi HC held Meera Emmanuel September 7 2019 FacebookTwitterWhatsAppShare0 The Delhi High Court recently had occasion to reiterate the obligations cast on online intermediaries when it comes to acting against online content that infringes intellectual property rights. In this regard, Justice Pratibha M Singh noted that while online intermediaries may not perform […]

Playing songs during marriage function, religious ceremonies not Copyright violation; No license required Murali Krishnan September 1 2019 FacebookTwitterWhatsAppShare348 Utilisation of any sound recording during the course of a religious ceremony including marriage procession and any other social festivities associated with marriage does not amount to copyright violation, the Central government has clarified. Hence, no license is required to be obtained […]

Bangalore Court restrains Curefit from launching Gym.fit, allied services in suit by Book Your Gym Meera Emmanuel August 24 2019 Fitness service provider, Book Your Gym (BYG) has obtained an ex-parte interim injunction from a Bangalore Court restraining new entrant Curefit (and its subsidiary Cultfit) from launching services akin to those offered by BYG. The Principal City Civil and Sessions Court passed an interim order to […]

The Delhi High Court, over the course of a dozen interim orders between July 27 and August 12, 2019, has issued website blocking injunctions for ISPs to block dozens of websites and their mirror/redirect versions, including popular pirate websites Tamilrockers and eztv. The orders are available here. The ex-parte orders, passed in suits instituted by Warner […]

“ The comparative advertising campaign should thus be ‘comparison positive’. Advertisements often contain valuable information for the consumers and can promote healthy competition in the market. If this is the message conveyed, Courts would be resilient and allow the negative derivatives of comparison. This is because the final outcome is positive. However, if it can […]

“While the [Claimant’s] advertisement’s emphasis is on the manufacturing process of the tyre and its radial design,” says Mr Justice Manmohan, “the Defendant’s advertisement seeks to display the durability of the tyre by showing that it rides well on all terrains.” The Court finds that similarities in certain visual depictions are ruled not to interfere […]

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