Copyright Cases

copyright defendant favorable · Nov 10, 2019

N.Sathish Proprietor Om Tech Plastics v.Mr.C.Murali Kannan

N.Sathish filed a suit seeking permanent injunction and damages against Mr.C.Murali Kannan and others, initially alleging passing off related to plastic taps under the mark 'SIVA'. However, the judgment ultimately focused on copyright infringement claims regarding compilations. The court found that the plaintiff himself had copied material from earlier books, leading to the dismissal of the suit.

copyright remanded · Nov 8, 2019

Sorting Hat Technologies Private Limited v.Fermat Education and Ors

Madras High Court · 111687308

The appeal challenged a judgment that dismissed applications filed by Sorting Hat Technologies Private Limited to vacate an interim injunction granted to Fermat Education and Ors. The High Court set aside the impugned order, noting that the plaintiffs failed to file a complete transcript of the alleged copyrighted content in the plaint.

copyright plaintiff favorable · Oct 22, 2019

K.P.Selvah @ Panner Selvam v.Atlee

Madras High Court · 13365332

K.P.Selvah filed a civil suit seeking permanent injunction against Atlee and M/s. AGS Entertainment Pvt., Ltd., claiming copyright infringement over his story 'Kalki', which was registered with the South Indian Film Writers' Association. After facing procedural hurdles in the trial court, Selvah sought permission to withdraw the suit with liberty to file a fresh one. The Madras High Court intervened via revision petition, holding that the trial court erred by allowing withdrawal but denying the crucial liberty to institute a new suit on the same subject matter.

copyright plaintiff favorable · Oct 18, 2019

Trustees, Jesus Redeems Ministries v.The Bible Society of India

Madras High Court · 180243687

The plaintiff Trust printed the Holy Bible in Tamil language. The defendant sent a Cease and Desist notice alleging copyright infringement. The plaintiff argued that no existing copyright subsists in the joint authorship work (Bower Version) after the statutory period, and the threat was groundless. The court ruled in favor of the plaintiff.

copyright mixed · Oct 11, 2019

Less Than Equals Three Services Pvt. Ltd. v.Paras Mehra & Ors

Delhi High Court · 6319931

The dispute involves Less Than Equals Three Services Pvt. Ltd., which alleges that its founders and employees established a competing business using the source code and MySQL database of the petitioner's website, quickcompany.in. The core legal challenge raised by the defendants was whether the company could maintain a copyright infringement suit without clearly pleading the identity of the author and an agreement vesting the rights in the company. The court analyzed this issue against previous judgments, ultimately finding that the plaintiff's disclosures were sufficient to overcome the preliminary objection.

copyright plaintiff favorable · Sep 25, 2019

Mr.Mohammed Niyamathullah v.Mr.Mohammed Hidayathulla

Madras High Court · 67822586

This civil suit was filed by Mr. Mohammed Niyamathullah seeking a permanent injunction against defendants for infringing his copyright in the Tamil feature film, “Pongadee Neengalaum Unga Kadhalum.” The core of the dispute revolved around an Assignment Deed executed on 09.10.2013, where the plaintiff provided financial assistance to the defendant (who was venturing into film production) and subsequently acquired the entire copyright under default clauses. Despite the defendants' claims of forgery and lack of funds, the court found that the assignment deed was validly established through evidence, leading to a decree in favor of the plaintiff.

copyright plaintiff favorable · Jul 26, 2019

Aveva Information Technology India Pvt.Ltd. v.DCIT-9(1), Mumbai

Income Tax Appellate Tribunal - Mumbai · 11301593

The assessee, Aveva Information Technology India Pvt.Ltd., challenged the disallowance of license fees paid to its parent company, AVEVA UK, arguing that payments for distributing copyrighted software products in India did not fall under the definition of 'royalty'. The Tribunal ruled in favor of the assessee, holding that such distribution payments were not royalty and thus no TDS was required.

copyright defendant favorable · Jul 1, 2019

Mrf Limited. v.Metro Tyres Limited.

Delhi High Court · 78110318

Mrf Limited filed a suit alleging that Metro Tyres Limited infringed its copyright by producing a similar advertisement for their tyres. The plaintiff claimed the defendant's ad was a substantial and material copy of their original cinematic work. However, the Delhi High Court found that after applying the R.G. Anand test, the two advertisements were neither substantially nor materially similar in substance or kernel. Consequently, the court dismissed the plaintiff's application for an interim injunction.

copyright plaintiff favorable · Apr 10, 2019

Utv Software Communication Ltd. v.1337X.To and others

Delhi High Court · 47479491

The Delhi High Court addressed multiple suits concerning the unauthorized streaming and distribution of copyrighted cinematograph works on various websites. The court found that the defendant-websites were infringing upon the plaintiffs' copyrights.

copyright defendant favorable · Mar 25, 2019

Achla Sabharwal v.A. Saptrishi Films & Ors.

Delhi High Court · 60031751

This appeal challenged an order directing the plaintiff's plaint back to be filed in a competent jurisdiction. The core dispute revolved around the exclusive ownership and jurisdiction rights concerning the film 'BETI No.1'. While the appellant claimed sole copyright ownership based on an agreement, the respondents relied heavily on a clause stipulating that all disputes must be heard exclusively by courts in Mumbai. The Delhi High Court ultimately upheld the trial court's order.

copyright interim order · Feb 26, 2019

Warner/Chappell Music Limited v.Spotify AB

Bombay High Court · 95760163

The Bombay High Court passed an order in a Notice of Motion concerning copyright infringement related to musical works. The court granted leave to the plaintiff and directed the parties regarding financial deposits and future proceedings, while reserving final judgment on statutory licensing issues.

copyright plaintiff favorable · Feb 25, 2019

Hindustan Unilever Ltd. v.Mahabir Enterprises

Bombay High Court · 162879715

Hindustan Unilever Ltd filed a commercial IP suit against Mahabir Enterprises alleging infringement of its copyright in artistic packaging/trade dress for detergents, along with passing off. The Bombay High Court granted permanent injunctions restraining the defendant from reproducing or selling infringing goods and ordered the payment of a fine.

copyright plaintiff favorable · Feb 21, 2019

M/S.M K Food Products v.M/S.S H Food Products

Telangana High Court · 111378565

M/S.M K Food Products challenged the return of its plaint filed in the Commercial Court alleging copyright infringement concerning product packing design. The court held that since the suit sought permanent injunction against infringement, it inherently contemplated urgent relief. Therefore, the requirement to exhaust pre-institution mediation under Section 12(A)(1) of the Commercial Courts Act was found illegal and set aside.

copyright settled · Jan 31, 2019

Mr.Babu Xavier v.M/s.Feather Touch Entertainments

Madras High Court · 199853638

Mr. Babu Xavier filed a civil suit against M/s. Feather Touch Entertainments and others seeking financial compensation and permanent injunction regarding the film 'VAA DEAL Tamil'. The court first established its jurisdiction under the Commercial Courts Act, 2015, as the dispute involved intellectual property rights (copyright) related to the cinematograph film. Subsequently, both parties submitted a Joint Memorandum of Compromise, leading the court to pass a summary judgment based on the settlement terms.

copyright plaintiff favorable · Jan 24, 2019

Kinjal Lalitbhai Dave v.Red Ribbon Entertainment Private Limited

Gujarat High Court · 99884592

This appeal challenged an ex parte injunction granted by the Commercial Court regarding copyright infringement of the song "Char Bangadi Wari Gaadi." The appellant argued that the trial court failed to record reasons demonstrating how delaying the injunction would defeat its object, violating Order XXXIX Rule 3 CPC. While the respondent cited the appellant's delay in responding to the notice, the High Court ultimately allowed the appeal, quashing the impugned order and directing the parties to proceed with filing replies, emphasizing that statutory compliance cannot be treated as a mere formality.

copyright plaintiff favorable · Sep 27, 2018

Radio Next Webcastion Pvt. Ltd. v.Union Of India And Anr.

Delhi High Court · 33787531

Radio Next Webcastion Pvt. Ltd. challenged an administrative order that declined to list its application under Section 31D of the Copyright Act before the Intellectual Property Appellate Board (IPAB). The denial was based on the absence of a dedicated technical member for copyright matters. The Delhi High Court examined whether the IPAB, which is primarily constituted under the Trade Marks Act, could exercise jurisdiction over copyright issues. The court held that due to statutory amendments, the existing Appellate Board has sufficient jurisdiction and can proceed with examining copyright applications despite the temporary vacancy in specialized membership.

copyright plaintiff favorable · Feb 14, 2018

Brihan Karan Sugar Syndicate Private Limited v.Karmaveer Shankarrao Kale Shahakari Sakhar Karkhana Limited

Bombay High Court · 51415884

This appeal before the Bombay High Court challenged a trial court order that restrained the appellants from using the artistic label 'Military Santra' for selling country liquor. The appellants argued that the respondent-plaintiff had prior knowledge of the label since 2005 and was therefore acquiescent, invalidating the injunction. Furthermore, they contended that their own usage since 1975 established their copyright in the artwork. The High Court allowed the appeal, setting aside the restrictive order and directing the trial court to expedite the disposal of the main Copyright Suit.

copyright defendant favorable · Jan 10, 2018

M/S Ravinder Singh & Sons v.M/S Evergreen Publications (India) Ltd & Anr.

Delhi High Court · 97547022

The appeal challenged an interim injunction restraining M/S Ravinder Singh & Sons from publishing ICSE Class-X Examination Question Papers. The respondent had purchased the copyrights for these papers, and the court found that the appellant's publication was a near reproduction of the copyrighted material, including answers, thus constituting infringement.

copyright plaintiff favorable · Jan 8, 2018

M/s. Shell India Markets Private Limited v.Income Tax Department (represented by ITO International Taxation)

Income Tax Appellate Tribunal - Mumbai · 102547904

The assessee, Shell India Markets Private Limited, challenged the tax department's order holding that payments made for accessing copyrighted software constituted royalty and were liable for TDS. The Tribunal examined whether the payment was for a mere user right or a transfer of copyright rights. Following precedents favoring the assessee (specifically citing the Delhi High Court), the Tribunal held that the sale/transfer of software in this context is not taxable as royalty. Consequently, the appeal was allowed, and the assessee was found not liable to deduct tax at source.

copyright mixed · Dec 22, 2017

Saregama Ltd v.The New Digital Media & Ors.

Calcutta High Court · 63302604

Saregama Ltd filed a suit alleging copyright infringement against The New Digital Media & Ors. concerning fifteen songs from various films. Saregama claimed absolute ownership of the sound recordings and underlying works based on assignment agreements predating 1994, asserting that they held the rights to digital exploitation. The court examined the validity of these pre-amendment assignments and the scope of the infringement claims. Ultimately, the interim injunction was modified: usage was restricted for three specific films, while the injunction was lifted for eight others, requiring those defendants to account for all revenue generated.

copyright plaintiff favorable · Oct 9, 2017

Super Cassettes Industries Private Limited v.HRCN Cable Network

Delhi High Court · 163414089

Super Cassettes Industries Private Limited filed a suit against HRCN Cable Network alleging unauthorized use and infringement of its vast repertoire of copyrighted music, sound recordings, and cinematographic films. The plaintiff demonstrated ownership through assignment deeds and copyright certificates, proving that the defendant was illegally broadcasting their content on cable television networks. Consequently, the Delhi High Court decreed the suit, granting permanent injunctions against further infringement and awarding the plaintiff compensation amounting to Rs. 16,20,000/-.

M/S Xegent Consultants Pvt Ltd v.Ea Water Pvt Ltd & Ors

Delhi High Court · 126522589

M/S Xegent Consultants Pvt Ltd filed a suit alleging that Ea Water Pvt Ltd was illegally copying and misusing its proprietary literary work, 'India Water Review' (IWR), which covers water sector news. The plaintiff demonstrated that IWR is a recognized source of information in the Indian water industry. Despite initial legal notices, the defendants failed to cease the infringement or appear before the court. Consequently, the Delhi High Court found prima facie violation and awarded damages to the plaintiff.

Holland Company Lp And Anr. v.S.P. Industries

Delhi High Court · 64357368

The plaintiffs claimed ownership and copyright over the industrial drawings of the Automatic Twist Lock (ATL) system, alleging that the defendant copied these drawings to manufacture spare parts for ATL devices used by Indian Railways. The court dismissed the application for interim injunction, finding that the plaintiffs failed to establish a strong prima facie case, particularly given that the drawings were published and available in the public domain.

Sarine Technologies Ltd v.Diyora & Bhanderi Corporation & 13

Gujarat High Court · 61930757

Sarine Technologies Ltd filed a suit alleging that the respondents willfully infringed its copyright in the 'AdvisorTM' rough gemstone planning software. The petitioner claimed the defendants developed and used pirated versions of the software to provide inclusion scanning services to third parties. The High Court issued an order directing the appointment of Commissioners to inspect the computer systems and hard disks of Respondent Nos. 1 and 12.

Holland L.P. v.A.D. Electro Stell Co. Pvt. Ltd.

Delhi High Court · 151057483

The plaintiffs, owners of patented Automatic Twist Locks (ATLs), filed a suit for permanent injunction alleging infringement of their copyright in the proprietary drawings. The defendant challenged the claim, arguing that the specific design drawing used by the railways had become part of the public domain and was not exclusively owned by the plaintiff.

Saregama India Limited v.Whackedout Media Pvt. Ltd.

Calcutta High Court · 189929319

Saregama India Limited filed a suit alleging copyright infringement against Whackedout Media Pvt. Ltd., claiming ownership over musical and literary works and sound recordings. The core legal dispute revolved around the jurisdiction of the Calcutta High Court, specifically whether its territorial reach was established under Clause 12 of the Letters Patent despite the defendant challenging it based on Section 62(2) of the Copyright Act. The court ultimately dismissed the application to revoke leave, affirming that the averments in the plaint provided sufficient grounds for the court to assume jurisdiction.

Zee Entertainment Enterprises Ltd v.Sony Pictures Networks India Pvt Ltd

Bombay High Court · 89959670

Zee Entertainment Enterprises Ltd filed a quia timet copyright infringement and passing off action against Sony Pictures Networks India Pvt Ltd, alleging that Sony illegally copied the format and concept of Zee's popular talent hunt show, 'India's Best Dramebaaz'. The court heard the Notice of Motion regarding the dispute.

Dy.CIT-LTU, Centre-1 v.Tata Consultancy Services Ltd.

Income Tax Appellate Tribunal - Mumbai · 143412679

The appeal challenged the Assessing Officer's disallowance of expenses incurred by TCS Ltd. on imported software due to non-deduction of TDS, arguing that the payment constituted 'royalty'. The Tribunal examined whether the purchase was for acquiring a copyrighted article or merely goods for trading purposes.

Adit (It) 3(2), Mumbai v.First Advantage P. Ltd, Mumbai

Income Tax Appellate Tribunal - Mumbai · 130485137

The Revenue appealed against the CIT(A)'s decision holding that payments made by First Advantage Pvt. Ltd. for using CSPi software from FADV US were not 'royalty' subject to TDS. The core dispute was whether limited access to copyrighted software constitutes royalty or merely payment for a copyrighted article.

My Space Inc. v.Super Cassettes Industries Ltd.

Delhi High Court · 12972852

This Delhi High Court judgment addressed a dispute between MySpace Inc., an Internet Service Provider, and Super Cassettes Industries Ltd. (SCIL), a major music company, regarding the unauthorized use of copyrighted works on the Myspace platform. SCIL sought permanent injunctions against alleged infringement, while MySpace argued for intermediary protection under relevant IT laws. The court balanced IP rights with freedom of expression, clarifying that safe harbor provisions apply if an intermediary acts upon specific notice.