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Premwati Bansal Vs. M/S. Shri Ganpati International

Court : Delhi

Subject : Intellectual Property Rights

Acts : Trade and Merchandise Marks Act, 1958 - Sections 78, 79, 105 and 106; Indian Copyright Act, 1957 - Sections 45(1), 57, 63 and 64

Reported in : 1999VIAD(Delhi)687; 82(1999)DLT398

106 of the Trade and Merchandise Marks Act, 1958 as well as under Section 51 of the Indian Copyright Act, 1957 seeking the relief of permanent injunction and rendition of accounts. The case disclosed in the plaint is that … State of U.P. Vs . Ram Nath, : 1972CriLJ52 wherein it was held that for the proposes of chapter 10 of the Trade and Merchandise Marks Act, a trade mark includes registered as well as unregistered trade mark

Eastern Book Company and ors. Vs. D.B. Modak and ors. and Mr. NavIn J. ...

Court : Delhi

Subject : Intellectual Property Rights

Acts : Copyright Act - Sections 2, 13, 14, 16, 17, 51, 52, 52(1) and 52(4); Evidence Act - Sections 4; Code of Civil Procedure (CPC) - Order 39 Rules 1 and 2

Reported in : 101(2002)DLT205

on earlier occasions;28. Section 16 specifies that no copyright can be claimed except as provided in the Act. Chapter 10 provides for registration of the copyright but it is well settled that copyright need not be registered.Chapter 11 … the aforesaid judgments clearly show that a matter in public domain cannot be a private property. Under the Copyright Act, 1957 except under the provisions of the Act, there cannot be copyright under the common law. Under Section 16

Phonographic Performance Ltd. and Ors. Vs. Uoi and Ors

Court : Delhi

Subject : Land Acquisition

first petitioner is a Company, registered as a Copyright Society under the provisions of Section 33 of the Copyright Act, 1957 (hereinafter referred as „the said Act‟). This registration entitles the first petitioner to commence and carry on the … and the procedure of the Copyright Board has been defined under Section 12 of the said Act. However, Chapter X of the said Act pertains to registration of copyright and contains Sections 44 to 50A. The Act … Jalgaon and Akola, being licences No.1, 2, 4, 5, 7, 8, 9, 10, 14, 15, 16, 17, 18, 19 and 20 of 2010.2. In W.P.(C)

K.C. Bokadia and anr. Vs. Dinesh Chandra Dubey

Court : Madhya Pradesh

Subject : Media and CommunicationIntellectual Property Rights

Acts : Copy Right Act, 1957 - Sections 45 and 63

Reported in : 1999(1)MPLJ33

in the case has been referred to the Full Bench :'Whether, without registration under Section 45 of the Copyright Act, 1957, Criminal prosecution for infringement of copyright is or is not maintainable.'2. Respondent herein claims to be the author … statutory provision for registration of copyright and therefore, the question of non-registration affecting legal remedy did not arise.6. Chapter III of the Act deals with Copyright. Section 14 explains the meaning of copyright. Section 15 enumerates the … Licence for owners of copyright is dealt with in Chapter VI. Chapter X relates to registration of copyright. Section 44 requires register of copyrights to

Blueberry Books and Others Vs. Google India Pvt. Ltd. and Others

Court : Delhi

Subject : Intellectual Property

plaintiff's concerns with regard to satisfaction of a decree for damages. Analysis and Conclusions Section 62(2) in the Copyright Act, 1957 reads as follows: " (1) Every suit or other civil proceeding arising under this Chapter in respect of … marketing the application and the infringing works available online, there was no material to support the impugned order. 10. It was argued that the single judge failed to consider - that Amazon.com carries on active business in

Saregama India Limited Vs. Mahal Pictures Private Limited.

Court : Mumbai

Subject : Intellectual Property

and 62 of the Copyright Act, 1957 which read as under: 54. Definition.-- For the purposes of this Chapter, unless the context otherwise requires, the expression "owner of copyright" shall include-- (a) an exclusive licensee; (b) in … the petitioner/ original defendant No.3 are also registered with the Registrar of Copyrights under the provisions of the Copyright Act, 1957. The defendant No.3 in exercise of rights granted in his favour further granted a limited licence in favour … the points including point of jurisdiction in terms of order passed on 10th October 2001. 3. In pursuance of the remand of the matter, the

International Confederation of Societies Vs. Aditya Pandey and Ors.

Court : Supreme Court of India

Subject : Land Acquisition

the year 2006. As such rights as exist w.e.f. 21.06.2012 were not the same prior to it. In Chapter VI of the Copyright Act, 1957, Section 30 relates to licence granted by an owner of copyright which … composers of musical work are the first owners of copyright in lyric and musical work respectively under the Copyright Act, 1957. As such they have the right to get restrained Respondent Nos. 1 and 2 from infringing their copyright, … the facts of the present cases. The suits, by now, are over 10 years old; yet, there has been no substantial progress therein. Parties to

Mundipharma Ag Vs. Wockhardt Ltd.

Court : Delhi

Subject : Intellectual Property RightsArbitration

Acts : Arbitration Act, 1940 - Sections 20; Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961; Copyright Act, 1957; Indian Contract Act, 1872 - Sections 27

Reported in : ILR1991Delhi606

who was the owner of the copyrights in question. If reference is made to Chapter Xii of the Copyright Act, 1957 relating to civil remedies in case of infringement of copyright; every suit or other civil proceedings arising under … in the appeal: 1) whether a post service restrictive convenant in restraint of trade as contained in clause 10 of the. service agreement between the. parties was void under section 27 of the Contract Act, and (2)

Dr. Uday Chand Jindal vs.m/s Galgotia Pulblications Pvt. Ltd.

Court : Delhi

Subject : Arbitration

claim of the petitioner/appellant was dismissed, the appellant has preferred the present appeal under Section 72 of the Copyright Act, 1957.2. In brief, facts as enumerating from the record are as under: Appellant claims to be the author of … title 'Mechanical Engineering [UPTU]., as per new Syllabus by U.C. Jindal/Vivek Kumar', the respondent has fraudulently ripped eight chapters (Chapters 1 to 7 and 10). In the various catalogues published by the respondent, 10 out of 11

Metro Tyres Ltd vs.the Advertising Standards Council of India & An ...

Court : Delhi

Subject : MRTP

Limited to the defendant No.1 ASCI amounts to a ―threat‖ within the meaning of Section 60 of the Copyright Act, 1957.5. I have enquired from the counsel for the plaintiff as to how there can be an injunction against … go into the said questions or not. I may at this stage only notice that Clause 4.2 of Chapter IV titled ‗Fair In Competition‘ of the Code for Self-Regulation in Advertising of ASCI provides that ―advertisements shall … slogans, visual presentations, music or sound effects, so as to suggest plagiarism” 10. I have since, in Procter & Gamble Home Products Private Limited Vs.