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J.N. Bagga and ors. Vs. All India Reporter Ltd.

Court : Mumbai

Subject : Media and CommunicationCriminal

Acts : Code of Criminal Procedure (CrPC) , 1898 - Sections 5(2) and 177; Copyright Act, 1957 - Sections 62, 69 and 69(1); Code of Civil Procedure (CPC), 1908; Indian Contract Act, 1872 - Sections 2

Reported in : AIR1969Bom302; (1969)71BOMLR409; 1969CriLJ1109; 1969MhLJ188

residents of Allahabad. The firm, which is required to be treated as Company for the purpose of the Copyright Act, 1957, has its registered office at Allahabad. The writing of the book and the publishing of it have taken … the complaints. So far as the Copyright Act, 1957 is concerned, there is a specific provision contained in Section 62 relating to the place of suing in civil proceeding. There is no specific provision in the Copyright … for sale' within the meaning of that expression as used in Section 51(b)(I) of the Copy right Act, 1957, and assuming that it is so,

Microfibres Inc. Vs. Girdhar and Co. and anr.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 2, 6, 11, 13, 13(2), 14, 15, 15(1), 15(2), 16, 22, 40, 63, 67; Copyright Act, 1967 - Sections 15; Designs Act, 2000 - Sections 2, 4, 11(2), 12 and 19(1); Design Act of 1911 - Sections 2(5); Patent and Designs Act; Patent Act; Trade Marks Act; U.K. Designs Act, 1949 - Sections 1(3); Trade and Merchandise Marks Act, 1958 - Sections 2(1); Indian Penal Code (IPC) - Sections 120B, 415, 420 and 479; New Design Rules, 2001; Copyright Law

Reported in : LC2009(2)229; 2009(40)PTC519(Del)

been made as at present. 19. The relevant statutory provisions are as follows: THE DESIGNS ACT, 2000 THE COPYRIGHT ACT, 1957 Section 2(d), The Designs Act, 2000 'design' means only the features of shape,configuration, pattern, ornament or composition of lines … the respondent do incorporate/reflect the designs founded upon the appellant' s artistic works or a substantial reproduction thereof. 5. The grievance of the appellant arises from the premise that the learned Single Judge held that the designs

Prentice Hall India Pvt. Ltd. Vs. Prentice Hall Inc. and ors.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Indian Companies Act, 1956; Copyright Act, 1957 - Sections 19(2) to (5) and 30; Contract Act - Sections 23 and 27; Copyright (Amendment) Act, 1994; Code of Civil Procedure (CPC) - Sections 10 and 151 - Order 1, Rule 10 - Order 39, Rules 1 and 2

Reported in : AIR2003Delhi236; 2002(25)PTC511(Del)

given vide Agreement dated 7.9.1983 from the legal point of view i.e. the osition as contained in the Copyright Act,1957. Section-2(j) of the Copyright Act defines 'exclusive license' and recognises that such a license can be granted. It … is mentioned in para-22 of the plaint that as on the date of the filing of the suit 50 numbers of such publications were available in Indian market, the details of which are given in that para.

Mr. Kiran Jogani and anr. Vs. George V. Records, Sarl

Court : Delhi

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 5, 51, 52A and 68A; Cinematograph Act, 1952 - Sections 5A; Code of Civil Procedure (CPC) , 1908 - Order 39, Rules 1, 2 and 4

Reported in : 155(2008)DLT739; LC2009(1)398

the trademark licence agreement. The plea raised by the appellants-defendants of respondent-plaintiff having infringed certain provisions of The Copyright Act, 1957 ('the said Act' for short) has been rejected only by observing that the same shall be considered at … Act, 1952 (37 of 1952), a copy of the certificate granted by the Board of Film Certification under Section 5-A of that Act in respect of such work.(b) The name and address of the person who has made

Pranda Jewelry Pvt. Ltd. and Others Vs. Aarya 24 kt and Others

Court : Mumbai

Subject : Land Acquisition

Nos.1 and 2. The product drawings are claimed to be original artistic work within the meaning of the Copyright Act, 1957, and of which the Plaintiffs are owners. The Plaintiffs have produced these drawings along with the plaint. The … really designs, capable of being registered under the Designs Act, 2000, though not so registered and hence, under Section 15 of the Copyright Act, 1957, the copyright in the designs has ceased after the designs were applied … of branded jewellery. Plaintiff Nos.2 and 3, respectively, hold 49 % and 51 % equity in Plaintiff No.1. Plaintiff No.1 designs, markets and sells inter

The Indian Performing Right Society Vs. A.D. Venture Communication Ind ...

Court : Delhi

Subject : Right to Information

Reported in : 2012(5)CTC(IP)20

the Act, collect fees and distribute such fee among the owners of right after deducting its own expenses. 5. Ex.PW1/4 is the certificate of registration granted to the plaintiff under Section 33(3) of Copyright Act, 1957, whereby … and claims to be administering public performance/ communication to public rights in terms of Section 14(a)(iii) of the Copyright Act, 1957,which vest in its members and 200 other sister societies. The societies of authors and composers affiliated with the

Samsonite Corporation Vs. Vijay Sales

Court : Delhi

Subject : Intellectual Property Rights

Acts : Code of Civil Procedure (CPC), 1908 - Order 39, Rules 1, 2 and 4; Designs Act, 1911; Industrial Designs Act, R.S.C. 1970; Copyrights Act, 1957 - Sections 15

Reported in : 73(1998)DLT732

is a three dimensional representation, is an original artistic work within the meaning of Section 2(c) of the Copyright Act, 1957. The said artistic work is subject matter of copyright protection in India by virtue of India's membership to … the umbrella trademark of SAMSONITE. The first plaintiff is a registered proprietor of the trade mark SAMSONITE in 59 countries. In India, the first plaintiff has registered its trade mark SAMSONITE under class 18 bearing registration Nos.

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 … mark applied to a cardboard carton, as more particularly described in paragraph 5 of the plaint. The said label mark had a distinct colour scheme

Zee Entertainment Enterprises Ltd. Vs. Mr. Gajendra Singh and ors.

Court : Mumbai

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 2, 14, 17 and 55(1); Factories Act; Copyright Act, 1914 - Sections 5; Copyright Act, 1911; Workmen's Compensation Act; Evidence Act - Sections 40 to 42 and 43; Dramatic Copyright Act, 1833

Reported in : 2007(6)ALLMR532; 2007(6)BomCR700; (2007)109BOMLR2072; 2008BusLR161(Bom); LC2007(3)299; 2008(36)PTC53(Bom)

departure from the traditional Antakshari game; the concept note is a literary work within the meaning of the Copyright Act, 1957 and the Plaintiff had and has the exclusive right to reproduce the same and to issue copies of … It is true that the learned Single Judge has applied the above principles while considering a case under Section 5 of the Indian Copyright Act, 1914 which was similar to Section 17(c) of the Copyright Act, 1957.30. However,

Dhodha House Vs. S.K. Maingi

Court : Supreme Court of India

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Secton 62, 62(1) and 62(2); Trade and Merchandise Marks Act, 1958 - Sections 2, 5(3) and 105; Companies Act; Trade Marks Act - Sections 45 and 134(2); Code of Civil Procedure (CPC) , 1908 - Sections 9, 16 to 19 and 20 - Order 2, Rule 3 - Order 7, Rule 10

Reported in : AIR2006SC730; 2006(1)ALD138(SC); 2006(1)AWC864(SC); 2006(1)BLJR29; JT2006(1)SC123; (2006)1MLJ36(SC); 2006(32)PTC1(SC); RLW2006(1)SC543; (2006)9SCC41

of jurisdiction of a civil court to determine a lis as regard infringement of the provision of the Copyright Act, 1957 (for short 'the 1957 Act') and the Trade and Merchandise Marks Act, 1958 (for short 'the 1958 Act') … and try the present suit. Moreover, the jurisdiction of this Hon'ble Court is also attracted in view of Section 62(2) of the Copyright Act.'9. The value of the suit for the purposes of court fee and jurisdiction … passed an order of injunction against the Respondent in the following terms:'Application 5-C is allowed to the extent that the OP/defendants, their servants, dealers, stockists,