Tag: Copyright Infringement

Remedy Against Online Piracy To Protect The Interest Of Copyright Owners – A Newer Approach By Way Of ‘Dynamic Injunction’

With the digital economy in play, online piracy has always been an incumbent issue amongst the copyright owners and the rights of the owners were often affected either due to the lack of sufficient remedy or sufficient guidelines. However, the Hon’ble Delhi High Court in its recent judgement dated 10th April, 2019 in UTV Software … Continue reading Remedy Against Online Piracy To Protect The Interest Of Copyright Owners – A Newer Approach By Way Of ‘Dynamic Injunction’

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TikTok, Clock Ticks?

TikTok is a video sharing application that allows users to create and share 15 second videos, owned by the Chinese company ByteDance, after merging with its predecessor- Musical.ly. The App allows its users to record their reactions to videos and further edit them with filters, music, animation, special effects etc., and like all other social … Continue reading TikTok, Clock Ticks?

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Tea Board, India v. ITC Limited

C.S. No. 250 of 2010  PARTIES The Plaintiff is Tea Board of India which is a state agency of the Government of India established to promote the cultivation, processing, and domestic trade as well as export of tea from India The Defendant is ITC Ltd. a multinational conglomerate company headquartered at Kolkata, West Bengal. BRIEF … Continue reading Tea Board, India v. ITC Limited

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Physical Copy Doctrine versus the “Substantiality” Dictum

When it comes to the issue of copyright infringement of cinematograph films, there exist two schools of thought. One school believes that as far as cinematograph films are concerned, Section 14(1)(d) of the Copyright Act only protects the exact carbon copy of the work and not the contents in it.  They argue that in lieu … Continue reading Physical Copy Doctrine versus the “Substantiality” Dictum

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Architect Has No Right To Object The Demolition Of Building

Case: Raj Rewal Vs. Union of India & Ors. CS(COMM) 3/2018, IA No.90/2018(u/O XXXIX R-1&2 CPC) & IA No.92/2018 (u/s 80(2) CPC Facts of the Case:  Mr. Raj Rewal is a renowned Architect in India who has been in practice for the last 35 years and has designed several prestigious structures in countries like Iran, … Continue reading Architect Has No Right To Object The Demolition Of Building

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India taking IP Matters too Lightly – Enforcement Issues in Intellectual Property Matters (Yaatra.com Vs Happy Easy Go)

India has a well-organized system of judicial mechanism which cater to the need of registration, protection and enforcement of Intellectual property, however  a number of recent judgments bear a testimony that despite having an effective Judicial framework for safeguarding IP Infringement the violation of IP continues to take place for an altogether different reason of … Continue reading India taking IP Matters too Lightly – Enforcement Issues in Intellectual Property Matters (Yaatra.com Vs Happy Easy Go)

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Should ‘WhatsApp’ Be Held Liable For Not Reviewing Materials Being Shared On Their Platform That Infringes Authors’ Copyright?

INTRODUCTION “The right to be attributed as an author of a work is not merely a copyright, it is every author’s basic human right”― Kalyan C. Kankanala, What a creator creates from his imagination and his idea is a valuable asset for him above everything else. The idea of ownership of the ‘bundle of rights’ … Continue reading Should ‘WhatsApp’ Be Held Liable For Not Reviewing Materials Being Shared On Their Platform That Infringes Authors’ Copyright?

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Simmba Vs Simba: A Trademark Tussle

Context Before the release date, Rohit Shetty’s much-appreciated film ‘Simmba’ got into trademark squabble with ‘Sona Beverages Co. Ltd’. In November, the makers of Simmba were slammed with the allegation of trademark infringement of a beverage company in Delhi High Court. Chhattisgarh-based Company named Sona Beverages Co. Ltd owned the trademark ‘SIMBA’ for selling a … Continue reading Simmba Vs Simba: A Trademark Tussle

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Parody: Fair Use or Infringement?

Parody is an imitation of someone else’s work with a view to ridicule or criticize such work. Since parody is an imitation, does it amount to copyright infringement of the owner’s original work? How do laws protect the right of copyright owner along with the parodists? It is a general principle that no copyright lies … Continue reading Parody: Fair Use or Infringement?

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Copyright and Reality TV Shows

There is a thin line between inspiration and infringement. Copying a script in a unique way is inspiration, but “in an original way” it is an absolute infringement of that right. Copyright cannot protect “ideas” but only the mere expression of the same. There are so many reality TV shows in the present day, it … Continue reading Copyright and Reality TV Shows

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