Copyright Cases

copyright plaintiff favorable · Mar 10, 2014

Microsoft Corporation v.Karan Puri Prop. Of M/S Puri Computers

Microsoft Corporation filed a suit against Karan Puri Prop. Of M/S Puri Computers alleging that the defendant was infringing their copyrights by unauthorized hard-disk loading of Microsoft Windows and Office software onto branded computers sold to customers. The plaintiffs sought a permanent injunction, delivery-up of copies, and damages for piracy. Despite the defendant remaining ex-parte throughout the proceedings, the Delhi High Court found sufficient uncontroverted material on record to sustain the claim.

copyright plaintiff favorable · Mar 10, 2014

Microsoft Corporation v.Hitendra Idnani

Delhi High Court · 16876760

Microsoft Corporation filed a suit against Hitendra Idnani, proprietor of Laptech Solutions Pvt. Ltd., alleging copyright infringement. The core issue was the unauthorized hard-disk loading and sale of pirated versions of Microsoft Windows and Office software on branded computers. Despite the defendants being ex-parte and the court initially requiring examination of expert witnesses, the Delhi High Court found sufficient material on record to establish infringement.

copyright mixed · Jan 10, 2014

Institute For Inner Studies & Ors. v.Charlotte Anderson & Ors.

Delhi High Court · 6236790

The plaintiffs, representing the estate of Master Choa Kok Sui, filed suit alleging that defendants were infringing on their copyrights by conducting courses and selling materials related to Pranic Healing. The core dispute centered on whether the techniques themselves or the associated literature were protected under copyright law. The court issued an interim order clarifying that while defendants could perform the techniques without using the plaintiffs' copyrighted material, they were restricted from using the Master's name in a way that suggested unauthorized affiliation.

copyright defendant favorable · Nov 22, 2013

Director Of Income Tax v.Infrasoft Ltd.

Delhi High Court · 79760041

The dispute centered on whether payments received by Infrasoft Ltd. for licensing its civil engineering software constituted royalty income under the India-US Double Taxation Avoidance Agreement (DTAA). The Assessing Officer had taxed these receipts as royalty, leading to an appeal by the Director of Income Tax. The Delhi High Court ultimately ruled in favor of Infrasoft, holding that the payment was merely for a limited right to use the copyrighted material, not the copyright itself, and thus qualified as business income.

copyright interim order · Oct 1, 2013

Saregama India Ltd. v.Alkesh Gupta & Ors.

Calcutta High Court · 121369009

The petitioners filed for interim relief seeking orders to restrain websites from streaming their copyrighted sound recordings. The respondents argued that personal use is permitted and ISPs should not act as watchdogs. The Court found infringement occurred through commercial exploitation via streaming and directed an injunction against the specified websites.

copyright defendant favorable · Jul 19, 2013

Raj Kumar Saraf, Proprietor M/S. Bindal Food Products v.M/S. Vaidya Nandram Gigraj Chamaria

Delhi High Court · 44579069

This appeal challenged the order by the Copyright Board that expunged a copyright registration (No. A-66496/04) held by Raj Kumar Saraf for an artistic label used on 'Vijay Hingoli' products. The Respondent, M/S. Vaidya Nandram Gigraj Chamaria, sought rectification based on prior use and ownership of the art work. The Delhi High Court ultimately dismissed the appeal, finding that the Appellant failed to establish valid authorship or continuous rights, particularly concerning alleged assignments and dates of publication.

copyright pending · Jul 1, 2013

Asha Audio Company And Anr. v.Om Prakash Sonik & Ors.

Calcutta High Court · 55904493

Asha Audio Company filed a suit seeking royalties from a copyright society (Respondent No. 4), arguing that Section 19(9) and 19(10) entitle authors to equal shares of royalties, even outside cinematographic films. The dispute centered on the re-registration process of the society, where a show cause notice was issued regarding non-payment of royalties, leading the petitioner to seek an interim injunction against disbursement.

copyright defendant favorable · May 24, 2013

Ravi Visvesvaraya Prasad v.Rajneesh Kapur

Delhi District Court · 161953411

The plaintiff filed a suit alleging plagiarism and violation of his copyright after publishing an original article on computer software. The defendants argued that since the cause of action accrued in November 1992, the subsequent legal proceedings were barred by limitation under the Limitation Act, 1963.

copyright plaintiff favorable · May 13, 2013

Super Cassettes Industries v.M/S. Rachana Television Pvt. Ltd.

Delhi High Court · 109885382

Super Cassettes Industries filed a suit against M/S. Rachana Television Pvt. Ltd. for the unauthorized use and broadcast of its copyrighted musical works and sound recordings on the defendant's news channel, NTV. The plaintiff alleged that despite initial attempts at amicable resolution, the infringement continued. After the court proceeded ex parte due to the defendant's absence, it found that the plaintiff had successfully proven the facts of infringement.

copyright mixed · Apr 3, 2013

Adai Mehra Production Pvt. Ltd. v.Mr Sumeet P. Mehra and Mr Puneet P. Mehra

Bombay High Court · 21430958

This case before the Bombay High Court involved Adai Mehra Production Pvt. Ltd. challenging an interim order passed by an arbitrator concerning the remake rights of the classic film 'Zanjeer'. The dispute centered on the ownership and licensing of the original film's intellectual property, specifically its copyright in the screenplay. The court ultimately set aside the restrictive interim measures while allowing the petitioner to proceed with the film's production, provided certain financial conditions were met and subject to the final arbitration outcome.

copyright defendant favorable · Apr 1, 2013

Ramesh Sippy v.Shaan Ranjeet Uttamsingh and others (Defendant Nos. 1 to 9)

Bombay High Court · 29596100

Ramesh Sippy filed a suit claiming to be the author and first owner of the copyright and Author's Special Rights in the film 'Sholay' and related films. He sought a temporary injunction against defendants who were dealing with or disposing of rights related to 'Sholay', including its 3D version. The court ultimately denied the ad-interim relief, finding that the Plaintiff failed to make out a prima facie case.

copyright plaintiff favorable · Feb 20, 2013

Microsoft Corporation v.Mr. Ganesh Wakode

Delhi High Court · 146681793

Microsoft Corporation filed a lawsuit against Mr. Ganesh Wakode alleging widespread infringement of its copyrighted software titles, including various versions of Microsoft Windows and MS Office. Investigations revealed that the defendants' offices were running numerous computer systems with significant quantities of unlicensed/pirated software installations. The court ultimately ruled in favor of Microsoft, granting permanent injunctions, substantial compensatory damages, and punitive damages to deter future piracy.

copyright plaintiff favorable · Feb 5, 2013

Microsoft Coporation And Anr. v.Mr. Sanjay Langar And Anr.

Delhi High Court · 32656559

Microsoft Corporation filed a suit seeking permanent injunction against defendants for infringing its copyrights in various software programs, specifically alleging unauthorized 'Hard-Disk Loading' onto computers sold by the defendants. The plaintiffs demonstrated that the installed software lacked genuine Certificates of Authenticity and End-User License Agreements. Given the evidence presented and the defendant's failure to appear in court, the Delhi High Court decreed the suit in favor of Microsoft Corporation.

copyright plaintiff favorable · Dec 11, 2012

R.K.Productions Pvt. Ltd. v.M/s.N.K.Theatres Pvt. Ltd.

Madras High Court · 128793922

R.K.Productions Pvt. Ltd. (Plaintiff/Appellant) sued M/s.N.K.Theatres Pvt. Ltd. (Defendant No. 1) for copyright infringement related to the Telugu dubbing and remake rights of its movie '3', after the Defendant failed to pay the final installment amount due under the assignment agreement. The Defendant filed an application seeking arbitration, arguing that all disputes should be referred to arbitration. The High Court allowed the appeal, holding that since the suit involves complex issues mixing payment dispute with copyright infringement against multiple parties, it cannot be bifurcated for arbitration.

copyright plaintiff favorable · Oct 30, 2012

Vodafone India Limited v.M/S. R.K. Productions Pvt Ltd

Madras High Court · 100370340

The suits were filed regarding the unauthorized copying, recording, reproduction, and distribution of cinematograph films '3' and 'Dhammu'. The court upheld the maintainability of the John Doe suits and clarified that the interim injunction was limited to blocking specific infringing URLs rather than entire websites. All applications seeking to vacate the existing interim orders were dismissed.

copyright plaintiff favorable · Sep 25, 2012

The Indian Performing Right Society v.Ad Venture Communication India Private Limited

Delhi High Court · 104391669

The Indian Performing Right Society (IPRS) filed a suit against Ad Venture Communication India Private Limited for infringing its copyrights. The plaintiff, representing authors and composers, alleged that the defendant organized a live concert where their musical works were communicated to the public without obtaining the requisite license. The court found that the commercial exploitation of copyrighted material without permission constitutes infringement.

copyright dismissed · Jun 12, 2012

Bea Systems Inc. v.Deputy Director of Income-tax (International Taxation), Circle 1(1), Bangalore

Income Tax Appellate Tribunal - Bangalore · 69750826

The dispute concerned whether payments received by M/s. BEA Systems Inc., from its Indian subsidiary for the distribution of 'shrink-wrapped software' constituted royalty, leading to tax deduction at source requirements. The Tribunal upheld the lower authorities' view that the payment was indeed royalty.

copyright dismissed · May 8, 2012

Indian Performing Right Society Ltd. v.Aditya Pandey & Ors.

Delhi High Court · 85777093

The dispute centered on whether the act of communicating or broadcasting a sound recording constitutes an infringement of the copyrights in the underlying literary (lyrics) and musical works. The court examined the interplay between rights holders of the sound recording versus those holding the copyright in the original composition.

copyright plaintiff favorable · May 3, 2012

Super Cassetts Industries Ltd. v.Music Broadcast Pvt. Ltd.

Supreme Court of India · 119540048

Super Cassetts Industries Ltd. appealed against the Delhi High Court's order which held that the Copyright Board could grant an interim compulsory licence under Section 31 of the Copyright Act, 1957. The Supreme Court examined whether such an interim power could be implied by law or if it required express statutory authorization.

copyright defendant favorable · Apr 12, 2012

Indecon Structurals Pvt. Ltd. v.Ultra Tiles Pvt. Ltd.

Madras High Court · 74333271

The appellant (Indecon Structurals) filed an appeal challenging the trial court's dismissal of its suit alleging infringement and passing off related to its unique 'Aquarius' tile design. The core dispute involved whether the plaintiff, who claimed copyright over the design drawing, could obtain injunction against the defendant for manufacturing identical tiles, especially since the design was registered in favor of the respondent.

copyright defendant favorable · Mar 30, 2012

M/S. Pachranga International (Chander Group) v.M/S. Pachranga International Pvt. Ltd.

Delhi High Court · 41733894

This appeal challenged an order by the Copyright Board that sought to expunge eleven copyright registrations granted to M/S. Pachranga International (Chander Group). The respondent, M/S. Pachranga International Pvt. Ltd., argued that these registrations were fraudulent and violated procedural rules due to the complex history of partnership divisions. The Delhi High Court upheld the Board's decision, finding evidence of mala fide intent and violation of Rule 16(3) because the respondent had a clear interest in the subject matter but was not properly notified.

The Press Trust Of India Limited v.Navbharat Press (Bhopal Pvt. Ltd.)

Delhi High Court · 160130748

The Press Trust Of India Limited filed a suit against Navbharat Press (Bhopal Pvt. Ltd.) alleging unauthorized copying and reproduction of its proprietary news articles in their publications, 'Central Chronicle' and 'Navbharat'. The plaintiff asserted that as the owner of copyright in the content created by its employees, it held exclusive rights to reproduce and disseminate the work. Despite issuing legal notices, the defendants continued the alleged infringement. The court found that the defendants' publications were verbatim copies or colorable imitations of the plaintiff's copyrighted works. Consequently, the Delhi High Court granted a permanent injunction restraining further infringement and awarded punitive damages of Rs. 5 lac to the plaintiff.

Samsung Electronics Company Limited v.Assessee

Income Tax Appellate Tribunal - Bangalore · 115447148

The appeal challenged the assessment that payments made by Samsung Electronics to DSP Asia Pte Ltd. for purchasing 'shrink-wrapped software' constituted royalty, thereby requiring TDS deduction under Section 195 of the Income Tax Act. The Tribunal upheld the revenue's view, citing a previous judgment in the assessee's own case where the High Court had held that such payments were indeed royalty.

M/s.Ajuba Solutions (India) Private Limited v.Mastech Corporation And 2 Others

Madras High Court · 125072677

M/s.Ajuba Solutions (India) Private Limited filed several applications seeking temporary injunctions against Mastech Corporation and others for alleged infringement of copyright, business interference, defamation, and inducement of clients and employees. The court dismissed all the applications, finding that the plaintiff failed to establish a prima facie case or irreparable loss, noting that damages were already claimed.

Federation Of Industries Of India v.Mr. G. Kesavalu Naidu @ Kesavan

Delhi High Court · 30278382

The plaintiffs, representing manufacturers of steel pipes, filed a suit against the defendants who had obtained copyright registrations for drawings of these pipes. The plaintiffs alleged that the defendants were using these registrations to threaten and extract money from them. The court ultimately ruled that no valid copyright subsisted in the mere concept or idea of the pipe drawing.

Super Cassettes Industries Limited v.Mr Chintamani Rao & Ors.

Delhi High Court · 576454

Super Cassettes Industries Limited and Yashraj Films Private Limited filed suits alleging that India TV (represented by Mr Chintamani Rao & Ors.) had unauthorizedly broadcasted and exploited their copyrighted cinematographic films and sound recordings. The plaintiffs sought permanent injunctions to restrain the defendants from further infringement.

New Hariom Industries & Anr v.Dandi Salt P. Ltd.

Delhi High Court · 121209628

New Hariom Industries challenged the registration of an FIR, alleging that the search warrants were improperly obtained against unknown individuals despite knowing the Petitioners' business presence. The Respondent, Dandi Salt P. Ltd., maintained that the goods were unidentified at a railway yard and that they held valid copyright over their unique packaging/label since 2000. The Delhi High Court dismissed the petition, holding that because the goods were lying unidentified, the search warrants were justified, and furthermore, evidence collected during an illegal search remains admissible in trial.

Syndicate Of The Press Of The Universtiy of Cambridge / Chancellor Masters And Scholars of the University of Oxford v.B.D. Bhandari & Anr. / Narendra Publishing House and Ors.

Delhi High Court · 565788

This case involved appeals filed by Cambridge University Press and Oxford University against a single judge who had dismissed their suit. The universities alleged that local publishers were illegally reproducing verbatim literary content from their prescribed grammar textbooks in guidebooks. The core legal dispute centered on whether the reproduction constituted copyright infringement or if it was permissible under the doctrine of fair dealing, particularly given the educational context.

Pine Labs Pvt. Ltd. v.Gemalto Terminals India Pvt. Ltd.

Delhi High Court · 116036320

Pine Labs, a software development company, developed an IOCL fleet card system for Gemalto Terminals India Pvt. Ltd. The dispute arose when Gemalto sub-contracted the project to a third party (QCI Technologies), leading Pine Labs to claim ownership and protection of its source code under the Copyright Act. The court set aside the lower court's order, reinstating the injunction in favor of Pine Labs during the pendency of the suit.

Emergent Genetics India Pvt. Ltd. v.Shailendra Shivam And Ors.

Delhi High Court · 183763759

Emergent Genetics India Pvt. Ltd. filed a suit alleging infringement related to its seed varieties and associated data, claiming rights over databases and confidential information. The court examined whether the plaintiff could establish prima facie claims for copyright protection in these databases. Ultimately, the court held that the Plaintiff failed to demonstrate that the claimed information was capable of protection or qualified as 'confidential information,' leading to the vacation of the ex-parte injunction.