Advanced Search Results

The Indian Performing Right Society Ltd. and Another Vs. Entertainment ...

Court : Mumbai

Subject : Arbitration

India from time to time. The original respondent is a Copyright Society registered under Section 33 of the Copyright Act, 1957 and is a non-profit making body established on 23rd August 1969 to monitor, protect and enforce the rights, … it would only determine the rights inter parte and will not bind the third parties. He submits that section 41 of the Indian Evidence Act, 1872 cannot be extended to the adjudication even on the issues in relation

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 … is established that the plaintiff acquiesced his right to restrain the defendant from using the mark Eenadu under Section 41(g) and (l) of Special Relief Act. It is not the case of the plaintiff that the defendant has

Ultra Home Construction Pvt. Ltd. Vs. Purushottam Kumar Chaubey and Ot ...

Court : Delhi

Subject : Intellectual Property

of section 134 (2) of the Trade Marks Act, 1999 and also under section 62 (2) of the Copyright Act, 1957 and the Code of Civil Procedure, 1908. ? 4. It is evident that the appellant/plaintiff had invoked the … action arose. Placing reliance on the Supreme Court decision in Dhoda House v. SK Maingi: (2006) 9 SCC 41 it was contended that merely owning a hotel at a place would not mean the carrying on of

The Chancellor, Masters & Scholars of University of Oxford & O ...

Court : Delhi

Subject : Education

opined that this conclusion was buttressed given that while the term ‗reproduce‘ had not been defined in the Copyright Act, 1957, Section 2(hh) which defines ‗duplicating equipment‘, Section 2(s) which defines ‗photograph‘ and Section 2(x) which defines ‗reprography‘, contemplate the … the term ‘by correspondence’ in Section 21(4), which implied that the expression ‘course of instruction’ RFA(OS) No.81/2016 Page 41 of 58 would include preparation of material to be used in the course of instruction and copying by

Mr. Jagdish Prasad Sharma Vs. Mastermind Publishing House

Court : Delhi

Subject : Intellectual Property Rights

Acts : Trade Marks Act, 1999; Copyright Act, 1957; Trade Mark Act, 1995 - Sections 9; Specific Relief Act - Sections 41; Code of Civil Procedure (CPC) - Order 7 Rule 11

Reported in : 2005(31)PTC243(Del)

word is incapable of protection under the Trade Marks Act, 1999 and also cannot be protected under the Copyright Act, 1957, but only the writing style i.e. the script can be protected under the provisions of the said Act. … application of the defendant being No. 1225593 for registration of the mark 'Master Mind' (styles) was rejected under section 9 of the Trade mark Act, 1995 for detailed ground stated therein and the order passed by the … never questioned by any of the parties to the suit. ISSUE NO. 410. As far as the first prayer of the plaintiff for passing of

CamlIn Pvt. Ltd. Vs. National Pencil Industries

Court : Delhi

Subject : Media and CommunicationIntellectual Property Rights

Acts : Trade and Merchandise Marks Act; Indian Copyright Act, 1957 - Sections 2, 2(1), 3, 3(3) and 13(1); Code of Civil Procedure (CPC), 1908 - Order 7, Rules 14 and 14 (1)

Reported in : AIR1986Delhi444; 1986(1)ARBLR86(Delhi)

are the registered owners of the carton 'entitled' Captain Elora which is (registered at No. A-36907/82 under the Copyright Act, 1957 and that registration is still valid. It is asserted that- Elora and Flora are distinctive words. The word … subsist in any work specified m sub-section(1), other than work 'to which the provisions of section 40 gr Section 41 apply, unless (i) in the case of a published work, the work is first published in India, or

The Academy of General Education Represented by the Registrar Sri K.K. ...

Court : Karnataka

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 2, 13, 13(1), 40 and 41; Copyright Act, 1956 - Sections 4

Reported in : ILR2008KAR1074; LC2008(1)373; ILR2008(1)Kar1075; 2008(1)KCCRSN82; 2008(2)AIRKarR517; AIR2008NOC1286; 2008AIHC2063(Kar)

to the definitions of the expressions 'literary work', 'dramatic work' and also to the relevant provisions of the Copyright Act, 1957.48. Section 13 of the Copyright Act, 1957 ('the Act' in short) in the heart and soul of the … any work specified in Sub-section (1), other than a work to which the provisions of Section 40 or Section 41 apply, unless,-(i) in the case of a published work, the work is first published in India, or where

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

Court : Delhi

Subject : Media and CommunicationIntellectual Property Rights

Acts : Copyrights Act, 1957 - Sections 2, 31(1), 31(2), 51 and 53; Medical Act, 1858 - Sections 29

Reported in : AIR2004Delhi326; 112(2004)DLT549

songs produced and/or acquired by the appellant are sound recordings within the meaning of Section 2(xx) of the Copyright Act, 1957. It is alleged that the appellant being the owner of the copyright in the aforesaid sound recordings is … to have taken into consideration this factor. Mr. Sibal also attacked the observation of the Board in para 41 of the judgment in which it is observed that 'it makes no material difference whether the respondent is

Pvr Pictures Ltd. Vs. Studio 18

Court : Delhi

Subject : Contract

Acts : Specific Relief Act, 1963 - Sections 14, 14(1), 41 and 42; Copyright Act, 1957 - Sections 2, 17, 18, 19 and 30; Arbitration and Conciliation Act, 1996; Code of Civil Procedure (CPC) - Order 7, Rule 11 - Order 39, Rules 1 and 2

Reported in : 2009(41)PTC70(Del)

Matched in: Citation 2009(41)PTC70(Del)

John Wiley and Sons Inc. and ors. Vs. International Book Store and anr ...

Court : Delhi

Subject : Civil

Acts : Copyright Act, 1957 - Sections 2, 3, 4, 13, 13(1), 14, 19, 19(6), 40, 41 and 51; ;Code of Civil Procedure (CPC) - Section 151 - Order 39, Rule 2A

works, on his website.21. It would be necessary, at this stage, to reproduce certain relevant provisions of the Copyright Act, 1957; they are extracted below. Section 2(m) defines 'infringing copy' of a copyrighted work, as follows:(m) 'infringing copy' means,-(i) … any work specified in Sub-section (1), other than a work to which the provisions of Section 40 or Section 41 apply, unless-(i) In the case of published work, the work is first published in India, or where the