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Shamoil Ahmad Khan v. Falguni Shah: Scrutinizing the Idea-Expression Dichotomy
The principle of ‘Idea-Expression dichotomy’ was devised to ensure that the expression of an idea is protected instead of the idea itself. It espouses the importance of balancing a) the interest of the copyright owner with b) the interest of the public in furtherance of creativity and innovation. It is settled in law that ideas … Continue reading Shamoil Ahmad Khan v. Falguni Shah: Scrutinizing the Idea-Expression Dichotomy
Read more »Copyright Act, 1957 And Video Games
INTRODUCTION Video games are by-products of the complex authorship – featuring a wide range of art forms, such as music, text, sites, video, graphics, and characters – that involve human interaction while playing a computer program on specific hardware. In the eyes of the law, it is a complex blend of numerous elements, which can … Continue reading Copyright Act, 1957 And Video Games
Read more »Case Analysis: P. Sundaram v. Asia Match Company
This interim order on the issue of whether the respondent, based on the location of their branch office, can maintain the present suit within the territorial jurisdiction of the present Court, i.e., a question on the issue of the jurisdiction of the commercial division. The case originally was filed by Respondents in this case who … Continue reading Case Analysis: P. Sundaram v. Asia Match Company
Read more »Case Analysis of Bacardi and Company Limited v. Bhahety Overseas Private Limited &Ors. CS(COMM) 464/2021 & I.A. 12323/2021
Sonam and Ria are friends. One day, they decide to get fruit juice from a store nearby to quench their thirst. They like on specific drink which is known as BREEZER. However, when they entered the store, they ended up buying a drink called FREEZMix which was placed right beside BREEZER. Thinking that it’s just … Continue reading Case Analysis of Bacardi and Company Limited v. Bhahety Overseas Private Limited &Ors. CS(COMM) 464/2021 & I.A. 12323/2021
Read more »COVID-19 as an excuse for Passing Off: Rejected by Madras High Court
FACTUAL MATRIX: This matter was filed for the permanent injunction against the actions of Defendant, three applications were filed on behalf of Plaintiff, praying for granting interim relief. A Prima facie case was made out and hence an interim injunction was granted in favor of Plaintiff on April 30, 2021. As per this order, it … Continue reading COVID-19 as an excuse for Passing Off: Rejected by Madras High Court
Read more »Video game streaming and copyright law
Video game industry has gone through a considerable transformation in the last two decades. It is not restricted to one room or between a few individuals playing a multiplayer game. It has crossed the boundaries and streaming platforms like Twitch, Mixer and YouTube Gaming are also getting popular. It has been observed that during the … Continue reading Video game streaming and copyright law
Read more »IP Battle of the Packaging Containers
Facts: In a recent ongoing battle between two packaging companies, the Indore High Court, on 01.09.2021, finally passed a judgment in favor of the Defendants. The Defendants, in this case, were represented by Adv. Neeraj Grover was assisted by Abhijeet Deshmukh, Meenakshi Orga, and Suvanagana Agarwal of Khurana & Khurana- IP Advocates and Attorneys. Arguments: … Continue reading IP Battle of the Packaging Containers
Read more »Legal Position in India Pertaining to Infringement of Right to Publicity of a Celebrity
It is a well-known fact that celebrities have a great impact on the audience and therefore, the advertisement industry hugely expends in collaborating with the celebrities in order to expand their brand value in the market. With the great potential and incentives that this endeavor brings, there is also another side to the story where … Continue reading Legal Position in India Pertaining to Infringement of Right to Publicity of a Celebrity
Read more »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
Read more »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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