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Najma Heptulla Vs. Orient Longman Ltd. and ors.

Court : Delhi

Subject : Media and CommunicationIntellectual Property Rights

Acts : Code of Criminal Procedure (CrPC) , 1973 - Order 39, Rule 1; Copyright Act, 1957 - Sections 17

Reported in : AIR1989Delhi63; 1988(2)ARBLR302(Delhi); 1989(1)Crimes597; 36(1988)DLT31; 1988(15)DRJ223

B.N. Kirpal, J. (1) This order will dispose of the plaintiff's application under Order 39 Rules I and 2 for an injunction restraining the defendants from breaking the seals of the covers in which … Before the book could be published, Maulana Azad died on 22nd February, 1958. After that on 25th March, 1958 Prof. Kabir wrote to National Archives … the seals are broken on 22nd February, 1988 as mentioned in the preamble of this agreement.'(8) It is an admitted case of the parties that … by Nooruddin was that, during his life time, Maulana Azad had made the oral gift of all the copyrights of his published and unpublished works and writings in his favor exclusively. This claim was disputed by Mohd.

Campbell Vs. Acuff-rose Music, Inc.

Court : US Supreme Court

Subject : Land Acquisition

group 2 Live Crew and their record company, claiming that 2 Live Crew's song, "Pretty Woman," infringed AcuffRose's copyright in Roy Orbison's rock ballad, "Oh, Pretty Woman." The District Court granted summary judgment for 2 Live Crew, … 62. The text employs the terms "including" and "such as" in the preamble paragraph to indicate the "illustrative and not limitative" function of the examples … infringement ... ," continues the common-law tradition of fair use adjudication and requires case-by-case analysis rather than bright-line rules. The statutory examples of permissible uses provide only general guidance. The four statutory factors are to be explored … Campbell v. Acuff-Rose Music, Inc. - 510 U.S. 569 (1993) OCTOBER TERM, 1993 Syllabus CAMPBELL, AKA SKYYWALKER, ET AL. V. ACUFFROSE MUSIC, INC. CERTIORARI TO

M. Suhramaniam Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Madras

Subject : Direct Taxation

Reported in : (1992)42ITD676(Mad.)

are reasonably necessary for the adaptation of the work to the records in question; Rule 21 of the Copyright Rules, 1958 provides for issuing 15 days notice and paying the owner of the copyright, along with the notice, the … of this order. A perusal of this agreement shows that the word "assign" has been used in the preamble and Clauses 2,3 and 5.Clause 7 however provides for payment of a royalty which is a percentage of … 1. These appeals relate to the question whether the provisions of Section 35A

Micolube India Limited Vs. Rakesh Kumar Trading as Saurabh Industries ...

Court : Delhi

Subject : Intellectual Property

minutely. The said Sections read as under:Sec 22. Piracy of registered design. - (1) During the existence of copyright in any design, it shall not be lawful for any person(a) for the purpose of sale to apply … sub-section (1) of section 4 of the Trade and Merchandise Marks Act, 1958 shall be the Controller of Designs for the purposes of this Act. … excursions into the debates of Parliament are permitted. Internal aids are the preamble, the scheme and the provisions of the Act. Having discovered the reason … is not debarred from "ironing out the creases". The court should always make an attempt to uphold the rules and interpret the same in such a manner which would make it workable.36. It is also a well-settled

Midas Hygiene Industries Pvt. Ltd. Vs. Sudhir Bhatia

Court : Delhi

Subject : Intellectual Property

said trademarks, and challenging the said registration on several grounds such as non-compliance with Rule 16 of the Copyright Rules, 1958, lack of originality in the artistic works of Midas, the lack of proper assignment between Midas and its … which were industrially produced. e. A perusal of the Copyright Act and the Designs Act and indeed the Preamble and the Statement of Objects and Reasons of the Designs Act makes it clear that the legislative intent … S. Ravindra Bhat, J. 1. These appeals, under Section 72 of the Copyright Act, 1957, challenge the

Indian Performing Rights Society Ltd. Vs. Sanjay Dalia and Anr.

Court : Supreme Court of India

Subject : Intellectual Property

infringement of the Copyright Act, and the Trade and Merchandise Marks Act, 1958. The Trade Marks Act, 1999 was also considered. This Court has laid … In the appeals, the question arising for consideration is as to the interpretation of section 62 of the Copyright Act, 1957 and section 134(2) of the Trade Marks Act, 1999 with regard to the place where a … is the same; it need not be expressed in any recital or preamble; and it is not competent for any court judicially to ascribe any … interpretation of section 62 of the Copyright Act, 1957 and section 134(2) of the Trade Marks Act, … mischief only at the cost of establishing another which is just as bad, or even worse. Many legal rules have adverse side- effects, and the policy of the law is to discard possible rules whose disadvantages outweigh

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)

of sub-section (1) of Section 2 of the Trade and MerchandiseMarks Act, 1958 or property mark as defined in Section 479 of the IndianPenal Code … perusal of the Copyright Act and the Designs Act and indeed the Preamble and the Statement of Objects and Reasons of the Designs Act makes … FAO (OS) No. 447/2008 filed by Mattel Inc., on the question of interpretation of Section 2(c) of the Copyright Act read with Section 2(d) of the Designs Act and Section 15(2) of the Copyright Act and their … have been classified as proper subject matter of design protection by inclusion as a specific class in the rules framed under the Designs Act. Such protection is provided under clause 05 of the New Design Rules, 2001.

Crocs Inc Usa vs.action Shoes Pvt Ltd & Anr

Court : Delhi

Subject : Intellectual Property

whether not was a complete Code in itself and just like it has been held in relation to Copyright Act 1957, in The Warner Entertainment Company L.P. V. RPG Netcom (2007) 140 DLT758 Entertainment Network (India) Ltd. … contended that under the Trade Marks Act of the years 1940 and 1958 also, design/shape was being treated as a trade mark, without it being … counsel for the plaintiff, that the Designs Act 2000, as per its preamble being an Act to consolidate and amend the law relating to protection … Kaveri Jain, Advs. AND CS(COMM) Nos.903/2018, 905/2016, 906/2016, 1415/2016, 569/2017 & 571/2017 Page 1 of 45 CS(COMM) … Competition 4th Edition opining that when a competitor claims exclusive rights in a product shape by invoking the rules of trade dress law, the hovering presence of patent laws counsels a strict adherence to the requirements of

Crocs Inc Usa vs.bioworld Merchandising India Limited

Court : Delhi

Subject : Intellectual Property

whether not was a complete Code in itself and just like it has been held in relation to Copyright Act 1957, in The Warner Entertainment Company L.P. V. RPG Netcom (2007) 140 DLT758 Entertainment Network (India) Ltd. … contended that under the Trade Marks Act of the years 1940 and 1958 also, design/shape was being treated as a trade mark, without it being … counsel for the plaintiff, that the Designs Act 2000, as per its preamble being an Act to consolidate and amend the law relating to protection … Kaveri Jain, Advs. AND CS(COMM) Nos.903/2018, 905/2016, 906/2016, 1415/2016, 569/2017 & 571/2017 Page 1 of 45 CS(COMM) … Competition 4th Edition opining that when a competitor claims exclusive rights in a product shape by invoking the rules of trade dress law, the hovering presence of patent laws counsels a strict adherence to the requirements of

Crocs Inc. Usa vs.aqualite India Limited and Anr

Court : Delhi

Subject : Intellectual Property

whether not was a complete Code in itself and just like it has been held in relation to Copyright Act 1957, in The Warner Entertainment Company L.P. V. RPG Netcom (2007) 140 DLT758 Entertainment Network (India) Ltd. … contended that under the Trade Marks Act of the years 1940 and 1958 also, design/shape was being treated as a trade mark, without it being … counsel for the plaintiff, that the Designs Act 2000, as per its preamble being an Act to consolidate and amend the law relating to protection … Kaveri Jain, Advs. AND CS(COMM) Nos.903/2018, 905/2016, 906/2016, 1415/2016, 569/2017 & 571/2017 Page 1 of 45 CS(COMM) … Competition 4th Edition opining that when a competitor claims exclusive rights in a product shape by invoking the rules of trade dress law, the hovering presence of patent laws counsels a strict adherence to the requirements of