Tag: Copyright Infringement

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

Read more »

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

Read more »

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

Read more »

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)

Read more »

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?

Read more »

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

Read more »

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?

Read more »

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

Read more »

Does Publication of Bare Acts by Private Companies amount to Copyright Infringement?

Introduction “[I]f ignorance of law is no excuse it presupposes that a citizen is able to know law. The elementary requirement in this country is that the citizen is able to obtain an authenticated copy of the Act, Rules and Regulations. If a citizen is not able to obtain these documents, the argument is that … Continue reading Does Publication of Bare Acts by Private Companies amount to Copyright Infringement?

Read more »

A Tiny Antenna Threatens Broadcasters

Chet Kanojia’s Aereo have shaken up the Television Industry. A 43 Year old immigrant from India, who as an outsider saw a system that most took for granted and who knew he could build a better mousetrap, or at least a different one. Aereo, Mr. Kanojia’s two-year-old company, has figured out how to grab over-the-air … Continue reading A Tiny Antenna Threatens Broadcasters

Read more »