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Ushodaya Enterprises Limited Vs. T.V. Venugopal and Another

Court : Andhra Pradesh

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 2, 13, 13(1), 14, 17, 44, 45, 50, 51, 55, 62 and 72; Code of Civil Procedure (CPC), 1908 - Sections 26 - Order 7, Rule 1; Trade and Merchandise Marks Act, 1958 - Sections 21, 27, 81, 105 and 106; Trade and Merchandise Marks Rules, 1959; Specific Relief Act, 1963 - Sections 41(1)

Reported in : 2001(4)ALD723

infringement of copyright before the civil Court but have to initiate the proceedings under Section 50 of the Copyright Act, 1957 for rectification of the copyright. It is alleged that the learned single Judge overlooked the legal position that … by its Senior Law Officer G. V.S. Jagannadha Rao, instituted the suit in OS No.555 of 1999 under Section 26 and Order VII, Rule 1 CPC and Sections 55 and 62 of the Copyright Act and Sections 27,

Star India Private Limited Vs. Leo Burnett (India) Private Limited

Court : Mumbai

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 2, 14, 51 and 55; Code of Civil Procedure (CPC) , 1908 - Order 39, Rules 1 and 2

Reported in : 2003(2)BomCR655; 2003(27)PTC81(Bom)

Without prejudice to the aforesaid copyright, it does not vest in the plaintiffs under Section 17 of the Copyright Act, 1957 or under Clause 8 of the Agreement. At any event, there is no copying, much less substantial copying … Agreement dated 9th April, 2000 with Balaji Telefilms Pvt. Ltd., (Balaji) in order to create, compose and produce 262 episodes of a television serial entitled 'KYUN KI SAAS BHI KABHI BAHU THI'.The terms and conditions of that

Saranya Zaveri and anr. Vs. Kamadon Academy P. Ltd.

Court : Kerala

Subject : Company

Acts : Trade Marks Act, 1999 - Sections 134, 134(1) and 134(2); Copyright Act, 1957 - Sections 2, 13, 40, 55, 62, 62(1) and 62(2); Kerala Stamp Act - Sections 33; Corporations Act, 2001 - Sections 45A, 114, and 127(1); Evidence Act - Sections 85; Code of Civil Procedure (CPC) - Sections 15 to 20, 21, 26, 43, 115 and 151 - Order 3, Rule 1 - Order 7, Rule 1, 8, 10, 11 - Order 8, Rule 3 - Order 43, Rule 1; Constitution of India - Article 227

Reported in : [2006]133CompCas546(Ker); 2008(38)PTC554(Ker)

1, Civil Procedure Code and Section 134 of the Trade Marks Act, 1999 and Section 62(2) of the Copyright Act, 1957, is for a declaration that the plaintiff is the exclusive owner and proprietor of the marks Kamadon and … Constitution of India. The respondent herein is the plaintiff in the said suit. The aforementioned suit filed under Section 26 read with Order VII, Rule 1, Civil Procedure Code and Section 134 of the Trade Marks Act, 1999

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 … books along with the list of the witnesses of the respective parties.” Further, in its sitting held on 26.05.2009, the Board set up a deadline up to 30.06.2009 for filing of further documents and furnishing list of

M/s. Allied Blenders and Distillers Pvt Ltd. Vs. R.K. Distilleries Pvt ...

Court : Delhi

Subject : Intellectual Property

style and letters in red colour constitute an original artistic work within the meaning Section 2(c) of the Copyright Act, 1957 and the same has been registered in 1999. Hence, the said label/trade dress of the plaintiffs "Officer's Choice"

K. Sevanthinatha Pandarasannathi Vs. Government of Tamilnadu, Rep. by ...

Court : Chennai

Subject : Trusts and SocietiesConstitution

Acts : Hindu Religious and Charitable Endowments Act, 1951 - Sections 26 and 71(1); Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 - Sections 26; Copyrights Act, 1957; Indian Passport Act; Tamil Nadu (Exhibition of Films on Television Screen) Regulation Act, 1984 - Sections 9(2); Tamil Nadu Hindu Religious and Charitable Endowments (Amendment) Act, 1994; Rice Milling Industries Act, 1958; Foreigners Act, 1946 - Sections 3 and 3(2); Insolvency Act, 1920 - Sections 73; Constitution of India - Articles 14, 19, 21, 246, 254 and 254(2)

Reported in : 2005(5)CTC81; (2006)1MLJ134

Television Screen) Regulation Act 1984 cannot be regarded as a legislation on copyright itself, falling under List-I. The Tamil Nadu Act was held to be … Act was held to be only a regulatory provision and not repugnant to the provisions under the Copyrights Act 1957. In contrast, in the case on hand before us, while the Central Act does not contemplate any disqualification … the narrow scope of this writ petition, namely, the constitutional validity of Amending Act 30 of 1994 whereby, Section 26 of the Tamil Nadu Hindu Religious and Charitable Endowments Act was amended, barring non-citizens to be qualified to

Hindustan Lever Limited, Vs. Nirma Private Limited, Ahmedabad

Court : Mumbai

Subject : Intellectual Property Rights

Acts : Trade and Merchandise Marks Act, 1958 - Sections 2 and 29; Designs Act, 1911 - Sections 2(5); Copyright Act, 1957 - Sections 2, 15(2), 17, 48 and 51

Reported in : AIR1992Bom195

plaint);(g) Artistic work -- Label -- under Nos. A-44275/84 and A-44276/84 dated 9th March 1984 duly registered under Copyright Act, 1957 (Exhibits 'Y-1' and 'Y-2' to the plaint);(h) Artistic work (Exhibit 'D' to the plaint) prepared by the Artist … urged on behalf of the defendant in respect of the plaintiff's plea based on alleged infringement of copyright.25. Section 2(c) of the Copyright Act, 1957 defines an 'artistic work' to mean 'a painting, a sculpture, a drawing … in a particular background, which has a substantial chance of creating confusion. 26. Once it is held that these labels enjoy the benefit of the

Microforms Inc Vs. Girdhar and Co. and ors.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 2, 13(1), 14, 15, 15(2), 40, 48 and 51; ;Designs Act, 2000 - Sections 2 and 2(5); Designs Act, 1911; ;Trade and Merchandise Marks Act, 1958 - Sections 2 and 2(1); ;Patents Act; ;Indian Penal Code (IPC), 1860 - Sections 479; ;Copyright Act, 1957 - Sections 15

Reported in : 128(2006)DLT238; 2006(32)PTC157(Del)

however, claimed that whether such a copyright is registered or not, in view of the provisions of the Copyright Act, 1957 (hereinafter referred to as the Copyright Act) the copyright in the artistic works subsists and gives an exclusive … The plaintiff has claimed that the artistic work constitutes original artistic work as defined within the meaning of Section 2(c) of the Copyright Act. The plaintiff also claims that it enjoys copyright protection in India as a … any material fact OPD.8. Relief.37. The parties on the said date of 26.09.2005, when the issues were framed, agreed that the suit can be decided

Syndicate of the Press of the Universtiy of Cambridge on Behalf of the ...

Court : Delhi

Subject : Civil

Acts : Copyright Act, 1957 - Section 52; Code of Civil Procedure (CPC), 1908 - Section 151 - Oders 26, 39 Rules 9, 1, 2

including plates? 8. Whether the activities of the defendant fall under the concept of fair dealing under the Copyright Act, 1957? OPD 9. Relief. 5. Though the respondents participated in the proceedings upto this stage and by filing the … become.questions to be answered in an examination and therefore, the work in question falls within the scope of section 52(1)(h) of the Indian Copyright Act (hereinafter referred to as the Act'), which provides for doctrine of fair … you can find explanations of these terms in the Glossary on page 265. On each left-hand page you will find a number of symbols. These

Super Cassettes Industries Ltd. Vs. Mr Chintamani Rao and ors

Court : Delhi

Subject : Civil

Acts : Code of Civil Procedure (CPC) - Section 151 - Order 39 Rules 1, 2; Copyright Act - Sections 52, 13, 2(1)(i); Constitution of India - Article 19(1)(a); Copyright, Patent & Designs Act, 1988 - Section 30(1)

case of the plaintiff that its use of the said works is permitted by Section 52 of the Copyright Act, 1957 as the law permits fair use, fair dealing and fair comment of or on, or with any literary, … whereof vests with the plaintiff. The case of the plaintiff is that the plaintiff sent a notice dated 26.07.2006 to the defendant, India TV detailing the various instances of infringement of the plaintiff’s copyright as randomly found