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Rediff Communication Limited Vs. Cyberbooth and Another

Court : Mumbai

Subject : Intellectual Property Rights

Acts : Bombay High Court (Original Side) Rules, 1980 - Rules 147 and 148; Code of Civil Procedure (CPC), 1908 - Order 39, Rules 1 and 2; Trade and Merchandise Marks Act, 1958 - Sections 27, 29, 77, 78 and 105; Copyright Act, 1957; Lanham Act - Sections 32

Reported in : 1999(3)ALLMR164; 1999(4)BomCR278

depicted on the website of the plaintiffs is not artistic or literary work within the meaning of the Copyright Act, 1957. Moreover there is no evidence about the alleged reputation in the domain name 'Rediff. Therefore the plaintiffs are … name identifies a specific company. Accordingly, the Court granted the injunction upon consideration of the relevant law, namely, section 32 of the Lanham Act. In the facts of the said case, it was held that Cardservice International's customers

Entertainment Network (India) Ltd. Vs. Super Cassette Industries Ltd.

Court : Supreme Court of India

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 2, 3, 4, 6, 11, 13, 13(4), 14, 14(1), 16, 17, 18, 19, 19A, 27, 30, 30A, 31, 31(1), 31(2), 31A, 31A(4), 32, 32(1A), 32A, 32B, 33, 33(3), 34, 34A, 34A(2), 35, 50, 51, 55, 63, 72, 74 and 78; Juvenile Justice Act; General Clauses Act; Copyright Rules, 1958 - Rules 3(3), 9, 11A, 11C(4), 11D, 14I, 14J and 14K; Constitution of India - Articles 14, 19(1) and 300A

Reported in : 2008(4)ALD47(SC); 2008(5)BomCR719; JT2008(7)SC11; LC2008(2)129; 2008(37)PTC353(SC); 2008(9)SCALE69; 2008AIRSCW6698; 2008(4)Supreme98; 2008(11)SCALE170; 2008(4)LH(SC)2638; 2008AIRSCW6698; 2008(4)LH(SC)2638

S.B. Sinha, J.1. Leave granted.INTRODUCTION2. Interpretation of Section 31 of the Copyright Act, 1957 (for the sake of brevity, hereinafter referred to as, `the Act') is involved in these appeals.We may notice … works (Section 31A);(g) To grant a compulsory license to produce and publish translation of literary and dramatic works (Section 32);(h) To grant a compulsory license to reproduce and publish certain categories of liberary, scientific or artistic works for

Jayanthilal M. Munoth and ors. Vs. Mr. M. Durairajan

Court : Chennai

Subject : Criminal

Acts : Copyright Act, 1957 - Sections 13, 63 and 69; Indian Penal Code (IPC) - Sections 406 and 417; Code of Criminal Procedure (CrPC) - Sections 200

Reported in : [2006]132CompCas797(Mad); 2006(33)PTC330(Mad)

Act, 1957. Right to artistic work also come under the copy right as per Section 13 of the Copyright Act, 1957. Section 2(c) defines artistic work to mean a drawing also (including a diagram, map, chart or plan). The allegation … and thus, he could not be prosecuted for the same - Petitioner also produced certified copy of Form 32 evidencing resignation from the accused-company - Held, the respondents had arraigned the petitioner without verifying his association and

Commissioner of Income Tax 4 Vs. Techno Shares and Stocks Limited and ...

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(13), 2(36), 32, 32(1) and 47; Indian Easements Act, 1882 - Sections 52; Indian Contract Act, 1872; Industries (Development and Regulation) Act, 1951 - Sections 11; Central Excise Act, 1944 - Sections 6; Securities Contracts (Regulation) Act, 1956 - Sections 17; Banking Regulation Act, 1949 - Sections 22; Cantonments Act, 2006; Food Safety and Standards Act, 2006 - Sections 31; Insecticides Act, 1968 - Sections 13; Off-shore Areas Mineral (Development and Regulation) Act, 2002; Bombay Prohibition Act, 1949 - Sections 31; Patents Act, 1970; Copyrights Act, 1957; Trade Marks Act 1999; Bombay Shops and Establishments Act, 1948 - Sections 2(4); Societies Registration Act, 1860; Maharashtra Rent Control Act, 1999 - Sections 3(1)

Reported in : 2009(111)BomLR3801; (2009)225CTR(Bom)337; [2009]184TAXMAN103(Bom)

is contended that there is a difference between acquiring a knowhow, patent, copyright or a trade mark and acquiring a licence to use such knowhow, … intellectual property rights, such as patents and copyrights, the legislature has enacted the Patents Act, 1970 and Copyrights Act, 1957 containing licencing provisions. Under the Patents Act, a patent grant gives the patentee exclusive right to make or … J.P. Devadhar, J.1. The only question raised in all these appeals is, whether depreciation under Section 32 of the Income Tax Act, 1961 is allowable on the stock exchange membership card acquired by an assessee

Super Cassettes Industries Ltd. Vs. Mr. Punit Goenka and anr.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 2, 13, 14, 18, 19, 30, 31, 31(1), 31A, 31A(4), 32, 51, 55, 63, and 135B(1); Code of Civil Procedure (CPC) , 1908 - Order 1, Rule 10 - Rules 1 and 2

Reported in : 2009(41)PTC1(Del)

of absence of itemized songs, non compliance of provisions of assignment of Section 18 and 19 of the Copyright Act, 1957 and the maintainability of the suit in the absence of the original owners and have also denied any … payment of such royalty and subject to such other terms and conditions as the Copyright Board may determine.Section 32 empowers the Copyright Board to issue a compulsory license to produce and publish a translation of literary or

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, … NEWS DIWANI TRACK]8/4/06 JAWANI SINI NE [AUDIO 1816 17 SEC SHOW TIME DIWANI TRACK]8/4/06 COMPANY SNAP SHOTS 1955 32 SEC BOLLYWOOD KA GYANGSTAR8/4/06 BHOOT SNAP SHOTS 2026 15 SEC CHAT MASALA8/4/06 BHOOT SNAP SHOTS 2027 10 SEC

Aditya Birla Nuvo Limited vs.m/s r.s Sales Corporation & Anr

Court : Delhi

Subject : MRTP

the Trade And Merchandise Marks Act, 1958. He stated that subsequently, a certificate under Section 45(1) of the Copyright Act, 1957 had been issued by the Govt. of India Trade Marks Registry. He stated that in view of defendants' … outset, learned counsel for plaintiff stated that no issue arose for consideration. He confined his relief to prayers 32 (i) and (iv) of the plaint. The statements made by the learned counsel for the plaintiff were accepted

Sitar Video Vs. State of U.P. and Others

Court : Allahabad

Subject : Constitution

Acts : Constitution of India - Articles 14, 19, 9(1), (6), (9) and (2), 31C, 32, 38(2), 226; Uttar Pradesh Cinema (Regulation of Exhibition by Means of Video) Rules, 1988 - Rules 2, 2(1), 4, 11, 11(1), (2), 14, 15, 15(2); Uttar Pradesh Cinematograph Rules, 1951 - Rule 27; Copyright Act, 1957; Uttar Pradesh Cinemas (Regulation) Act, 1955 - Sections 2, 13 - Rule 1(2), 3, 5, 6, 7, 8, 9, 10 to 14, 23; Uttar Pradesh Entertainments and Betting Tax Act, 1979;

Reported in : AIR1994All25

even a third party's fundamental right, it can be challenged before the Court. Citing various provisions of the Copyright Act, 1957, learnd counsel for petitioner has sought to corroborate the submissions that the exhibitor will be entitled for the … appeal that the exhibition of films by means of video provides a low cost entertainment to the poor section of the society and the impugned Rules are directed against and hit mainly the poor section. It has … 14. The aforesaid order has been challenged in this petition.Writ Petition No. 32957 of 1991 5. This petition has been filed through Shri Ram Pravesh

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 … logos and the artistic works over which the plaintiff has intellectual property rights. The domain names which are 32 in number are equivalent to trade mark having no topographical boundaries. (vide Satyam Infoway Ltd. v. Sifynet Solutions

Associated Electronic and Electrical Industries (Bangalore) Pvt. Ltd. ...

Court : Karnataka

Subject : Media and CommunicationIntellectual Property Rights

Acts : Copyright Act, 1957 - Sections 14, 17 to 21, 22 to29, 30 to 32, 44 to 50, 51 to 53 and 72(2)

Reported in : AIR1991Kant406; ILR1991KAR1916; 1991(1)KarLJ482

ORDERKedambady Jagannatha Shetty, J. 1. This miscelleneous appeal is filed under S. 72(2) of the Copyright Act, 1957 ('Act' for short) against the order dt. 6-8-1981 made by the Copy Right Board, Bangalore, (to be hereinafter … the owner. Sections 22 to 29 define terms of copyright.Sections 30 to 32, with 'Licences' and S. 44 to 50 with 'Registration of Copyright'. Sections … work possesses artistic quality; (ii) an architectural work of art; and (iii) any other work of artistic craftsmanship. Section 2(d) defines 'Author'. It means :(i) in relation to a literary or dramatic work, the author of the