India Copyright Cases
306 decisions indexed
Page 1 of 11 · 306 total
Fortune Marketing Private Limited v.Gujarat Pesticides & Ors.
The Delhi High Court revoked the impugned copyright registration of the artistic work/label/packaging titled ZOOOK in favor of Gujarat Pesticides & Ors. due to procedural flaws. The court found that the grant of copyright registration was procedurally flawed and deserved to be revoked. The original application filed by Respondent No.1 is revived for fresh consideration by Respondent No.2. The court has not expressed any opinion on the merits of the case.
AFR M/s Ele Animations (P) Ltd. v.Satya Swagat Mohanty
The petitioner challenged an order rejecting its application to reject a plaint filed by the respondent. The suit involved allegations of copyright infringement concerning artistic works depicting 'Lord Jagannath' and 'Jagan.' The core legal issue was whether the case qualified for exemption from mandatory pre-institution mediation under Section 12-A of the Commercial Courts Act, 2015, based on the claim of urgent interim relief.
Shilpa Shetty Kundra v.Getoutlive.in & Ors.
Shilpa Shetty Kundra filed an Interim Application alleging that unknown persons used her photographs to generate and circulate obscene, sexually explicit deepfake content created via artificial intelligence. She sought immediate orders to remove all infringing content from online platforms due to the severe damage to her reputation and dignity. The Court passed an interim order directing all defendants to delete the specified URLs and instructing government bodies (MeitY and DoT) to pull down the unlawful content.
Bunch Microtechnologies Pvt Ltd v.Telegram Fz Llc & Anr.
In an amicable resolution, the Delhi High Court disposed of the copyright infringement suit filed by Bunch Microtechnologies against Telegram Fz Llc. The parties successfully negotiated and formalized a comprehensive Standard Operating Procedure (SOP) governing how complaints regarding content infringement must be handled. This SOP mandates specific proof requirements from complainants, such as demonstrating ownership of copyright or trademark, before Telegram takes action. The court upheld this agreement, binding the defendant to the terms while granting the plaintiff a partial refund of court fees.
Vishnu And Company Trademarks Pvt. Ltd. v.Smotect Private Limited & Ors.
The Delhi High Court granted an ex parte ad-interim injunction in favor of Vishnu And Company Trademarks Pvt. Ltd. against Smotect Private Limited & Ors. The court found that the Defendants were using the Plaintiff's copyrighted label in promotional content, specifically an Instagram video, to portray the Plaintiff's product as harmful while promoting their own alternative. Consequently, the defendants were restrained from further use of the label and directed to take down the infringing videos within 72 hours.
T T Krishnamachari And Co. v.Commissioner of GST and Central Excise
The appellant firm, dealing in consumer durables and healthcare products, was assessed service tax on royalty income received for allowing its group companies to use its 'TTK' logo. The appellant argued that since the logo is registered as an artistic work under the Copyright Act, 1957, it qualifies for exemption. The Tribunal allowed the appeal, finding that the demand was unsustainable and citing relevant exemptions and prior judicial decisions.
Rajani Products v.Madhukar Varandani, Proprietor Of M/S Naturalindia Oils And Proteins & Anr.
Rajani Products filed a petition seeking the removal of a specific Copyright registration (A-128046/2019) held by Madhukar Varandani. The petitioner, engaged in manufacturing edible oils, claimed that their own artistic works and labels, featuring the SWASTIK device, were prior and original. They argued that the impugned work was a substantial reproduction of their protected designs. After comparing the two artistic works, the court found that the Impugned Artistic Work lacked originality and substantially imitated the Petitioner's registered works.
Dassault Systèmes Solidworks Corporation & Anr. v.Mr. Madhav Arora & Ors.
The Plaintiffs, owners of the SOLIDWORKS software copyright, filed a suit seeking permanent injunction against infringement. The court passed several orders, including granting an ex parte ad-interim injunction and allowing various procedural applications related to evidence and service.
Dassault Systemes Solidworks Corporation & Anr. v.Mr. Shashikant Sharma & Anr.
The Plaintiffs, owners of the SOLIDWORKS software copyright, filed a suit seeking permanent injunction for infringement. The court passed several orders, including granting an ex parte ad-interim injunction and appointing a Local Commissioner to inspect the defendants' systems.
Jamp India Pharmaceuticals Private Limited v.Jubilant Generics Ltd.
This appeal before the Allahabad High Court addressed challenges to a Commercial Court's injunction order. The plaintiff, Jamp India Pharmaceuticals Private Limited, successfully argued that its comprehensive Product Dossiers—containing sensitive technical data for generic drugs like Losartan and Amlodipine—qualify as protected literary works under the Copyright Act, 1957. The court found that the defendants misappropriated these confidential dossiers by transferring them from a Canadian subsidiary to their Indian affiliate, leading to unauthorized manufacturing and use in India. Consequently, the appeals were dismissed, upholding the injunction.
Mr. Ar Rahman v.Ustad Faiyaz Wasifuddin Dagar
This appeal addressed a dispute over the copyright ownership of the musical composition 'Shiva Stuti.' The plaintiff, Ustad Faiyaz Wasifuddin Dagar, claimed authorship and sought recognition and injunctions against A.R. Rahman for using the composition in his song 'Veera Raja Veera.' The core legal challenge revolved around whether the plaintiff could establish prima facie evidence of copyright ownership based on family claims and performance history. The Delhi High Court ultimately allowed the appeal, setting aside the lower court's judgment. The court held that mere evidence of rendering or performing a musical work is insufficient to prove authorship under Section 2(d)(ii) and Section 2(ffa), thereby dismissing the plaintiff's suit.
Tractors And Farm Equipment Limited v.Standard Corporation India Limited
Tractors And Farm Equipment Limited filed a suit against Standard Corporation India Limited alleging infringement of its copyright and passing off. The plaintiff asserted ownership over the copyrighted drawings for its popular MF 245 DI tractor model and alleged that the defendant's Standard 348 tractor was an identical copy, either through direct copying or reverse engineering. The defense challenged the originality of the drawings and raised issues regarding the applicability of copyright law versus design registration.
Sporta Technologies Pvt. Ltd. v.John Doe And Ors
The Delhi High Court granted an interim injunction in favor of Sporta Technologies Pvt. Ltd., the proprietor of the multi-sports aggregator platform 'FanCode'. The court recognized that the Plaintiff holds exclusive broadcast reproduction rights for various major sporting events through licensing agreements. Given the immediate and irreparable pecuniary loss caused by unauthorized streaming on rogue websites, the court allowed the plaintiff to proceed with blocking orders while ensuring compliance procedures were followed.
Samriddhi Rice Mill Private Limited v.The Controller General of Patents, Designs and Trade Marks
The appellant challenged the order passed by the Deputy Registrar of Copyrights which dismissed its objection and issued a Copyright Certificate in favour of Respondent No.6 (Dinman Polypacks Private Limited). The appeal was filed after a significant delay, and the core issue before the court was whether sufficient cause existed to condone this 506-day delay.
M/s. Sreedevi Video Corporation v.M/s.TKP Pictures
The Madras High Court heard an appeal regarding the ownership and infringement of copyrights related to the film 'MALLU VETTY MINOR'. The court found that the petitioner, M/s. Sreedevi Video Corporation, was the absolute owner of the copyrights. Consequently, a permanent injunction was granted against Respondent No.1 (TKP Pictures) for infringing these rights.
Mr.A.Ruthramoorthy v.Mr.P.Moorthy
Petitioners sought to rectify/expunge a copyright registration (A-146894/2023) for an artistic work photograph of a pump assembly, arguing that Section 15(1) of the Copyright Act renders it invalid because the article was already registered as a design. The court dismissed the petition, concluding that the Pump Assembly itself, not the photograph, was registered as a design and that the photograph did not meet the requirements of a design.
Mr.A.Ruthramoorthy, Trading as M/s.Bharani Engineering Work; Mr.R.Logenthiran, Trading as M/s.Bharani Engineering Work v.Mr.P.Moorthy; The Registrar of Copyrights
Petitioners sought rectification and expungement of a copyright registration (A-146894/2023) for an artistic photograph of a pump assembly. Petitioners argued that since the article was also registered as a design earlier, Section 15(1) of the Copyright Act should apply. However, the Court found that the work registered was the Pump Assembly itself (as a design), not the photograph/artistic work, and therefore dismissed the petition.
The Football Association Premier League Limited v.Sportshub.Stream & Ors.
The Football Association Premier League Limited filed a suit against various defendants and websites alleging widespread copyright infringement through unauthorized streaming of its content. The court addressed several procedural applications, granting the plaintiff exemption from pre-litigation mediation and advanced service requirements concerning regulatory authorities like DoT and MEITY. Furthermore, the court registered the plaint as a formal suit, allowing the plaintiff to proceed with seeking permanent injunctions against infringing websites and domains.
The Football Association Premier League Limited v.Yoghurt Tv & Ors.
The Football Association Premier League Limited filed a suit seeking permanent injunction for the infringement of its copyrighted content by various 'Rogue Apps' like Yoghurt TV. The court initially granted procedural exemptions sought by the plaintiff regarding pre-litigation mediation and advance service upon regulatory bodies (DoT/MEITY). Crucially, the court also passed a significant temporary injunction order, granting a 'Dynamic+' relief to protect its works against ongoing infringement across various platforms.
M/S. Panchajanya Features v.Bommareddy Ashok Reddy
This Civil Revision Petition challenged the Trial Court's refusal to transfer a copyright dispute concerning the Telugu movie "Vinnapalu Vinavale Vintha Vinthalu" to the specialized Commercial Court. The petitioners argued that since the matter involved intellectual property rights and exceeded the specified pecuniary threshold, it inherently fell under the purview of the Commercial Courts Act, 2015. The High Court agreed with this interpretation, setting aside the Trial Court's order and allowing the petition for rejection of the suit.
Samriddhi Rice Mill Private Limited v.The Controller General Of Patents, Designs and Trade Marks, and Others
The appeal was filed by Samriddhi Rice Mill Private Limited challenging an order passed by the Deputy Registrar of Copy Rights. The respondent argued that only the Delhi High Court had jurisdiction because the Deputy Registrar's office is in New Delhi, citing amendments to the Copyright Act and judicial precedents on forum shopping. The Jharkhand High Court ultimately held that it possesses the necessary territorial jurisdiction to entertain the appeal.
Abhi Traders v.Fashnear Technologies Private Limited & Ors.
Abhi Traders, a clothing manufacturer, filed a suit against various sellers operating on an e-commerce platform (Defendant No. 1) for infringing its copyrights and passing off its products. The plaintiff asserted ownership over the artistic designs and promotional photographs used to market its 'Ibrana' line of ethnic wear. After the defendants failed to file written statements despite being served, the court found that the defendants substantially reproduced the copyrighted images and took unfair advantage of the plaintiff's goodwill.
Ustad Faiyaz Wasifuddin Dagar v.Mr. A.R. Rahman & Ors.
Ustad Faiyaz Wasifuddin Dagar filed a suit seeking recognition of copyright and injunction against Mr. A.R. Rahman and others regarding the musical composition 'Shiva Stuti'. The plaintiff alleged that his ancestral work was being used in the song 'Veera Raja Veera' without proper attribution or authorization. The Delhi High Court, while addressing an interim application, found prima facie evidence of copyright infringement. Consequently, the court directed mandatory changes to credit slides on online platforms and ordered a substantial deposit from the defendants.
Lin-O-Matic Graphic Industries v.Trulines Technologies
Lin-O-Matic Graphic Industries filed a complaint alleging copyright infringement of its drawing of a book binding machine. The appeal challenged the High Court's order which, while not setting aside the initial expert report, directed the Investigating Officer to obtain an additional expert opinion. The Supreme Court set aside this direction, finding it would cause confusion and prejudice.
Star India Pvt. Ltd. v.Ashar Nisar & Ors.
Star India Pvt. Ltd., an entertainment media company, filed a suit against various individuals and entities for the unauthorized dissemination and broadcasting of its copyrighted content through rogue mobile applications and illicit websites. The plaintiffs asserted their exclusive rights over content streamed via STAR Channels and Disney+ Hotstar. Given that the defendants failed to contest the suit by filing a written statement despite being served, the Delhi High Court found them liable for copyright piracy.
Dwarka Matlani v.Jay Daryani
Dwarka Matlani filed a rectification petition challenging the copyright registration granted to Jay Daryani for the label and packaging titled 'ROYAL'. The petitioner argued that the registered artwork was a slavish imitation of their own established trademark/label, which they had used since 1997. Furthermore, the petitioner contended that the registration process concealed material facts regarding the true ownership of the artistic work. The court found that the respondent's label was an imitation and lacked originality, making it ineligible for copyright protection. Given these findings, the High Court allowed the petition, directing the removal of the impugned copyright from the Register.
Los Gatos Production Services India LLP v.Wunderbar Films Private Limited
The dispute concerns alleged copyright infringement related to 'behind the scenes (BTS)' footage from the film "NAANUM ROWDY DHAAN". The fifth defendant challenged the jurisdiction and maintainability of the suit filed by Los Gatos Production Services India LLP, arguing lack of territorial nexus and non-compliance with pre-suit mediation. The Court held that since part of the cause of action arose in Chennai, it retained territorial jurisdiction, thus dismissing the challenges.
Los Gatos Production Services India LLP v.Wunderbar Films Private Limited
The dispute involved applications seeking rejection of plaint and revocation of leave to sue in a copyright infringement matter. The fifth defendant argued lack of territorial jurisdiction and non-compliance with pre-suit mediation. The Court held that since part of the cause of action arose within Chennai, it retained jurisdiction, thus dismissing both applications.
Ranjan Vasudeo Kolambe v.Appa Alias Hanmant Maroti Hatnure And Another
Ranjan Vasudeo Kolambe filed a civil suit alleging that defendants had infringed his copyrights by copying the content of two Marathi language books. The plaintiff sought an interim injunction to prevent the sale and publication of these alleged duplicate works. However, the Bombay High Court dismissed the commercial appeal, finding prima facie no merit in the plaintiff's case regarding the grant of temporary relief.
Ranjan Vasudeo Kolambe v.Appa Alias Hanmant Maroti Hatnure And Another
Ranjan Vasudeo Kolambe filed a civil suit alleging that the respondents copied the entire content of his two Marathi language books, 'Hkkjrh; vFkZO;oLFkk' and 'Hkkjrh; jkT;?kVuk iz'kklu'. The plaintiff sought an interim injunction to prevent the sale of these allegedly duplicate works. However, the Bombay High Court dismissed the commercial appeal filed by the plaintiff, finding prima facie no merit in his case.
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