Tag: infringement

Davis v. Pinterest, Inc.: The Road Map to Contributory Infringement Suits

“The one who distributes, with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties.” The concept of contributory copyright infringement thus stems from the law of torts which basically purports that … Continue reading Davis v. Pinterest, Inc.: The Road Map to Contributory Infringement Suits

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Circulation of E-Newspaper: Infringement Under Copyright Law

Dissemination of e-newspapers on Telegram has raised a copyright debate under the steady gaze of the Delhi High Court. Because of CoVID-19 limitations coming into power, actual dispersion and house-to-house conveyance of papers got cruelly affected.  As this issue surfaced most paper sites began offering free preliminaries on their individual sites by the methods for … Continue reading Circulation of E-Newspaper: Infringement Under Copyright Law

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Interdigital vs.Xiaomi: India’s First Anti-Enforcement Injunction Order

The concept of anti-suit injunction and anti-enforcement injunction is gaining prominence worldwide including in India. Recently, the Delhi High Court in Interdigital Technology Corporation vs. Xiaomi Corporation & Ors.[1] granted an anti-enforcement injunction. It was held that a foreign court cannot restrain a party from pursuing its cause before Indian Court when Indian jurisdiction is … Continue reading Interdigital vs.Xiaomi: India’s First Anti-Enforcement Injunction Order

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Serum Institute ‘Shields’ Its Covaccine in the Bombay High Court

The Bombay High Court, on April 20, 2021, through the Division bench of J. Nitin Jamdar and J. C.V. Bhadang, presided over the matter of Cutis Biotech v. Serum Institute of India Pvt. Ltd.[1] The two pharmaceutical companies manufactured vaccines for COVID-19, titled ‘Covishield’, and therein, both had applied for registering this trademark, whose applications … Continue reading Serum Institute ‘Shields’ Its Covaccine in the Bombay High Court

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Delhi High Court: Dabur “Sanitize” Soap Can’t be confused with Dettol

The COVID-19 situation has changed the buying behaviour of consumers and in a way changed the way products are being produced to meet the needs of consumers. It has created variations of products in both the hygiene and immunity areas – and most products have found room for themselves in one of these two buckets … Continue reading Delhi High Court: Dabur “Sanitize” Soap Can’t be confused with Dettol

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Mittal Electronics v Sujata Home Appliances- DHC dismisses Stay Application

In this case of Mittal Electronics v Sujata Home Appliances CS (COMM) 60/2020 the Delhi High Court on 9th September 2020 delivered a judgement on the Ad Interim Injunction Application filed by the Plaintiff under Order 39 Rule 1 ad 2 of CPC. The Plaintiff, Mittal Electronics, through their partners, filed a suit against the … Continue reading Mittal Electronics v Sujata Home Appliances- DHC dismisses Stay Application

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Daedalus Blue Infringement Suit Against Oracle

The latest transaction of IBM where it divested a large chunk of assets from its portfolio to Daedalus Group LLC, headed by Ed Gomez a former Altitude Capital and Walker Innovation executive, for a hefty price of $9 million has stood out in particular because of the USPTO assignment document. The transfer of 500 US … Continue reading Daedalus Blue Infringement Suit Against Oracle

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To Sue or Not To Sue Ashok Kumar?

An Analysis of John Doe Orders in the Light of Fundamental Right to Access to Internet In the year 2016, when a message had started appearing on websites, that stated that watching pirated films could result in a fine of Rs. 3 lakh and up to a 3 year prison-term,Justice G.S. Patel of Bombay High … Continue reading To Sue or Not To Sue Ashok Kumar?

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Copyright infringement in the matter of Shivani Tibrewala v/s Rajat Mukherjee

PARTIES Plaintiff: Shivani Tibrewala Defendant: Rajat Mukherjee, Welcome Friends Productions LLP, Rohit Sehtia, Amrit Sethia, S.O.I.E. Ginza Industries Ltd. BRIEF FACTS The Plaintiff has filed the present infringement of copyright suit against the Defendant alleging that the Defendant’s cinematographic work named “Umeed” is a substantial reproduction or altered copy of the Plaintiff’s script of the … Continue reading Copyright infringement in the matter of Shivani Tibrewala v/s Rajat Mukherjee

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Crocs Inc. v. Bata India Ltd. and Others

2019 SCC  OnLine Del 6808 PARTIES The Appellate is Crocs Inc; The Respondents are, inter alia, Bata  India Ltd.,  Liberty  Shoes Ltd., Action     Shoes    Pvt.     Ltd.,     Aqualite     India    Ltd.,     Bioworld Merchandising India Ltd., Relaxo Footware Ltd., and Kidz Palace. BRIEF FACTS The Plaintiff was unsuccessful in a suit filed for design infringement as the designs … Continue reading Crocs Inc. v. Bata India Ltd. and Others

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