India Copyright Cases
276 decisions indexed
Page 3 of 10 · 276 total
M/S Reflect Sculpt Private Ltd. v.Swati Narula
M/S Reflect Sculpt Private Ltd. successfully obtained an interim injunction from the Delhi High Court against Swati Narula in a copyright infringement suit concerning unique artistic garments. The court recognized the Plaintiff's rights over its distinctive designs and granted permission for a Local Commissioner to conduct a search and seizure operation at the Defendant's premises. This decisive order allows the Plaintiff to gather evidence of alleged counterfeiting, paving the way for further litigation against the infringer.
Deepak Singh v.Bunty Raghav (Producer) and others
Deepak Singh filed a petition seeking interim relief against producers (Respondents) who were making a film based on his book, 'Janhit Mein Jaari'. The core dispute revolved around copyright infringement. While the High Court noted that the civil suit was pending before the Trial Court and emphasized the need for evidence regarding similarity between the book and the film, it ultimately directed the parties to proceed with the trial court's application under Order 39 Rule 1 and 2 of C.P.C., ensuring the existing interim relief continued until a final decision.
Attachmate Corporation v.DCIT, International Taxation, Circle-1(1)(1)
The assessee, a US company dealing in software products, challenged the Assessing Officer's order which treated income received from Indian distributors as 'Royalty' chargeable under Article 12 of the India-USA DTAA. The Tribunal held that since no right in copyright was being transferred, the consideration could not be taxed as royalty.
M/s.24 Am Studious Private Limited v.Divya M.Jain
The plaintiff filed a suit seeking perpetual injunction against defendants for releasing the film 'Production No.5 (Colour) – Ayalan' without consent, alleging infringement of Tamil Satellite Television Rights in India. The dispute centered on the validity of the finance agreement where the plaintiff pledged the exclusive copyright to the first defendant.
Narendra Hirawat And Co. v.Sholay Media Entertainment Pvt. Ltd. & Anr.
This case concerns a dispute over film licensing rights for 'Sholay' and related titles between Narendra Hirawat And Co. (NHC) and Sholay Media Entertainment Pvt. Ltd. (SME). The core issue revolved around alleged non-compliance with a Deed of Settlement, which included payment obligations and an extension of the license period. The Supreme Court granted leave and allowed the appeals, effectively restoring the interim injunction in favor of NHC.
Db Corp Ltd v.Whatsapp Llc & Ors
Db Corp Ltd filed a suit against WhatsApp LLC alleging unauthorized circulation of its copyrighted e-newspapers within private messaging groups. The Delhi High Court granted an interim ex-parte injunction, directing WhatsApp to immediately take down and block the identified infringing groups. This order underscores the platform's responsibility in preventing copyright infringement when content is illegally shared on its services.
The Foundry Visionmongers Limited v.Mesmor Studio Private Limited
The Foundry Visionmongers Limited filed a suit against Mesmor Studio Private Limited alleging rampant piracy and unauthorized use of its specialized animation software, including NUKE, NUKE X, and NUKE STUDIO. The plaintiff asserted ownership of copyright in these 'Computing Programs,' which are integral to the film and television industry's visual effects. Based on technical evidence showing 5059 infringement hits across at least 36 computer systems, the court found a prima facie case for the plaintiff.
Ashok Kumar Sethi Trading as M/s.Abhinav Export Corporation v.Amilal Ramkrishnan Dass
This suit addressed allegations of copyright infringement concerning the picture mark 'AMIN's' used on black henna products. The plaintiff sought permanent injunction against the defendant for using similar marks and designs. During the pendency of the litigation, both parties reached a comprehensive settlement agreement. The court subsequently decreed the suit based on this memorandum of compromise, allowing both parties to continue their respective branding practices without further legal conflict.
Slk Software Services Pvt. Ltd. v.Universal Test Solutions LLP
The petitioner, a software development company, challenged an arbitration award (AC No.92/2018) passed by Respondent No. 2 (the Arbitrator). The dispute arose from a Business Alliance Agreement regarding the perpetual licensing of 'Test Magic' software. The court dismissed the petition, upholding the arbitral award.
C.Prakash v.S.N. Media
C.Prakash appealed an order that vacated an initial injunction granted in his favour against S.N. Media. The dispute centered on whether C.Prakash's assignment of digital dubbing rights for films 'Chingari' and 'Shrikanta' was invalid because the first defendant claimed non-payment of consideration. The court held that copyright assignment does not require payment of consideration to be valid.
Indcon Structurals Pvt.Ltd v.Ultra Tiles Pvt. Ltd.
Indcon Structurals Pvt.Ltd filed a civil suit against Ultra Tiles Pvt. Ltd., alleging infringement and passing off concerning their distinctive 'CATHERINE' tile drawing. The plaintiff claimed ownership over the unique design, which was allegedly copied by the defendant's 'OPUS' tiles. However, the Madras High Court dismissed the suit, holding that since the design was not registered under the Designs Act, the claim for copyright infringement was not maintainable under Section 15(2) of the Copyright Act.
SaNOtize Research and Development Corp. v.Lupin Ltd
SaNOtize Research and Development Corp. filed suit against Lupin Limited alleging infringement of its Nitric Oxide Releasing Solution (NORS) technology, breach of confidentiality, and copyright infringement related to its nasal spray product, NONS/ENOVID. The dispute centers on the use of a proprietary dual-chamber delivery system for nitric oxide in medical treatment. The court granted an interim prohibitory injunction against Lupin's Indian arm and manufacturer.
T.S.J.Media Private Limited v.Boston Analytics Private Limited
T.S.J.Media Private Limited filed a suit alleging that Boston Analytics Private Limited illegally harvested substantial portions of information from its proprietary database, which tracks investments made by Private Equity and Venture Capitalists in India. The plaintiff claimed this infringement occurred after the defendant gained access under false pretenses. The court found that the defendant's act of publishing the data without permission constituted a clear violation of copyright.
Yennes Infotech (P) Ltd. v.The Managing Director, eNoah Solution Pvt. Ltd.
Yennes Infotech appealed an order rejecting its plaint, which sought permanent injunctions and damages for alleged copyright infringement related to customized Tally Software. The court upheld the rejection, finding that the first defendant acted as an authorized agent and the second defendant was a licensee with a valid right to use the software.
Mrs.S.Radharani Prop. of Sadharani Tex (represented by Mr.S.Sadhasivam) v.Master Lungies
This suit involved a claim by Sadharani Tex against Master Lungies for infringement of trademark and copyright related to the 'KABUTTAR CHAAP label' used on lungies. The plaintiff sought permanent injunctions, damages, and an accounting of profits due to alleged passing off and unauthorized use of the artistic work. However, during the proceedings, the plaintiff was unable to provide instructions regarding whether the defendants were actively continuing the infringement after an interim order had been issued.
Bennett Coleman Co Ltd v.Whatsappinc & Ors.
Bennett Coleman Co Ltd filed a suit against Whatsappinc and others alleging widespread unauthorized circulation and distribution of its proprietary e-newspapers. The plaintiff asserted that their published news articles, available through subscription on their websites, constitute original literary works protected under copyright law. Given the evidence presented regarding illegal dissemination via platforms like WhatsApp and Telegram, the Delhi High Court granted an interim injunction in favor of Bennett Coleman Co Ltd.
Goldmines Telefilms Pvt Ltd v.Achla Sabharwal
The dispute concerns the ownership of the copyright in the 1987 Hindi film 'Sheela' between Goldmines Telefilms Pvt Ltd and Achla Sabharwal. Both parties claim to be the true assignee of the rights from the original producer, Dwarakish. Goldmines sought an interim injunction preventing Sabharwal from exploiting or claiming ownership of the copyright.
Sony Music Entertainment India Pvt. Ltd v.S.Khaja Mohideen
The appeals arose out of common final interlocutory orders concerning two actions for copyright infringement. The first suit involved musical works in 17 films, while the second concerned music from the film 'Citizen'. The court addressed issues related to prima facie case and balance of convenience before granting interim relief.
Dr.S.Vijaya Bharati (Deceased) v.Mr.T.S.Ramalingam (Deceased)
The suit was filed by Dr.S.Vijaya Bharati (Deceased) against Mr.T.S.Ramalingam (Deceased) and others for infringement of copyright concerning the literary work "Amaran Kadhai". After nearly a decade, the parties entered into a compromise agreement.
Diyora And Bhanderi Corporation v.Sarine Technologies Limited
This writ petition challenged a Case Management Order passed by the Commercial Court, which fixed the trial schedule and mandated proceedings through Video Conferencing. The original suit involved allegations of copyright infringement concerning advisory software. The High Court upheld the lower court's order, noting that it appropriately considered guidelines from the Supreme Court regarding expeditious trials during the pandemic, thereby dismissing the petition.
Shree Shyam Snacks Food Pvt. Ltd. v.Rajesh & Ors.
The Delhi High Court addressed an appeal filed by Shree Shyam Snacks Food Pvt. Ltd. challenging a lower court's refusal to grant an ad interim injunction. While noting the appellant's claims of prior use of its trademark and copyright registration on its packaging, the Court ultimately decided not to interdict proceedings at that stage. Instead, it directed the District Judge to expedite the hearing of the interlocutory application, ensuring the matter moves forward promptly.
R.Ravindran v.M.Anandan
R.Ravindran appealed against an order concerning his rights as assignee of the copyright in a story related to the film 'Chakra'. The court dismissed both appeals, noting that while the primary finding regarding his arbitration application was accepted, the dismissal did not preclude him from asserting other legal causes of action.
Inkpot Films Private Limited v.Bharat Sanchar Nigam Limited
Inkpot Films Private Limited filed a civil suit seeking permanent injunctions against various telecom and cable companies for infringing the copyright of its cinematographic film, "Is Love Enough? SIR". The plaintiff subsequently withdrew the entire suit and connected applications before the Madras High Court.
Adj Utility Apps Private Limited & Kyte Technologies Inc. v.Mr. Sumit Rajendra Shaha, Growthpond Technologies Private Limited, Risemetric Inc., & Rankz Inc.
This Karnataka High Court judgment records an amicable settlement between the parties involved in a copyright dispute concerning the 'Dukaan' application source code. The complex litigation, which included interim injunctions and technical evaluations by the Indian Institute of Science, was resolved through a Joint Compromise Memo. Key terms include a payment of USD 80,000 to Petitioner No. 2, an allotment of 1% common stock in Respondent No. 2-Company to one of the Petitioners, and mutual waivers of claims regarding both 'Disputed' and 'New Sourcecode'.
Sanjay Lalwani v.M/s.Jyostar Enterprises
Sanjay Lalwani filed an Original Application seeking an interim injunction against M/s. Jyostar Enterprises and others to prevent the alienation and telecasting of copyright and satellite rights for the film “PSV GARDA VEGA”. The applicant claimed that a subsequent assignment of these rights was in contravention of his original Deed of Assignment. However, the Madras High Court ultimately dismissed the application, holding that disputes concerning copyrights are generally considered non-arbitrable under established Supreme Court precedents.
Jagran Prakashan Limited v.Telegram Fz Llc & Ors.
Jagran Prakashan Limited successfully secured an ad-interim injunction against Telegram FZ LLC in the Delhi High Court. The plaintiff alleged that users on Telegram were illegally distributing and downloading copyrighted e-papers of Dainik Jagran through various public channels, causing significant financial loss. The court ruled that Telegram, as an intermediary, must exercise due diligence under IT laws and was directed to immediately block the infringing channels and disclose the identities of the channel owners.
Shamoil Ahmad Khan v.Falguni Shah And 3 Ors
The plaintiff, a writer, filed a notice of motion seeking temporary injunction against the defendants for telecasting or adapting their web series titled 'Singardaan', claiming both copyright infringement and passing off. The plaintiff alleged that the defendants copied not only the title but also the entire plot and characters from his original story. The court ultimately decided to set aside the request for a full injunction, directing the parties toward trial while imposing interim restraints.
M/s.Diabliss Consumers Products Pvt. Ltd. v.M/s.Dia Health Foods Pvt. Ltd.
Diabliss Consumers Products Pvt. Ltd. filed a civil suit against Dia Health Foods Pvt. Ltd. alleging copyright infringement regarding the artistic design used on its 'Diabliss Diabetic Friendly Sugar' pouches. The plaintiff demonstrated prior creation and use of the unique artistic design since 2015, which was subsequently copied by the defendant for their product, Diabeat. The Madras High Court found that the background, color, and overall get-up of the defendant's pouch were identically similar to the plaintiff's protected design.
M/S.Fun World And Resorts (India) Pvt. Ltd. v.Nimil K.K.
The appeal challenged the lower court's order granting a temporary injunction, which restrained M/S.Fun World And Resorts (India) from using its 'Tunnel Aquarium' design due to alleged copyright infringement by Nimil K.K.'s client. The appellant argued that the design was not original and could not be registered under the Designs Act. The High Court dismissed the appeal, upholding the lower court's finding that a prima facie case for copyright existed.
M/S.Earth And Air Films Private Limited v.M.T.Vasudevan Nair
This case involves a dispute over the rights to the classic Malayalam novel 'Randamoozham'. The plaintiff, the author M.T. Vasudevan Nair, entered into an MOU with Earth And Air Films Private Limited for film production based on his work. When the defendants failed to fulfill their payment obligations and other terms, the suit was filed seeking termination of the agreement and return of scripts. The core legal issue before the High Court was whether a valid arbitrable dispute existed, which ultimately led to the setting aside of the lower appellate court's conclusion.
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