India Copyright Cases

152 decisions indexed

Page 4 of 6 · 152 total

copyright interim order · Jul 28, 2011

The Indian Performing Right Society Ltd. v.Cri Events Private Limited & Ors / Synergy Media

Delhi High Court · CS(OS) 1185/2006 & CS(OS) 1996/2009

IPRS, a non-profit cooperative body representing authors and composers, filed suits alleging copyright infringement against various defendants (including Cri Events/Synergy Media) regarding the public performance of literary and musical works. The court addressed whether licenses from IPRS and PPRS were required for performances in public events.

copyright plaintiff favorable · Jul 25, 2011

Music Broadcast Private Limited v.Indian Performing Right Society Limited

Bombay High Court · SUIT NO. 2401 OF 2006

Music Broadcast Private Limited challenged the right of Indian Performing Right Society Limited (IPRS) to demand royalties for broadcasts made by the plaintiff at its FM radio stations. The plaintiff argued that it was legally bound only to pay PPL and acted under a mistaken belief of law when paying IPRS. The court ultimately ruled in favor of the plaintiff on the question of law.

copyright plaintiff favorable · Jun 23, 2011

M/S. Sunbeam Exports v.Commissioner Of Customs (Export) Nhava Sheva

Custom, Excise & Service Tax Tribunal · C/1294 & 1295/2009-Mum.

M/S. Sunbeam Exports appealed an order where the Commissioner confiscated and imposed penalties on goods (printed books) destined for Nigeria. The seizure was based on the violation of the Copyright Act, 1957, because some books were marked 'For sale in India, Pakistan, Bangladesh, Nepal and Sri Lanka only'.

copyright plaintiff favorable · May 21, 2011

M/s. Super Cassettes Industries Limited v.M/s. Sri Ganesh Video

Delhi District Court · Suit No. 38/2010

The plaintiff, M/s. Super Cassettes Industries Limited (T-Series), filed a suit seeking permanent injunction and damages against defendants for illegally manufacturing and marketing VCDs of three specific Kannada films (Parvathi Kalyana, Sampathige Saval, Giri Kanye) which the plaintiff claimed to have acquired exclusive copyright rights over. The court found that the defendants willfully infringed the plaintiff's copyright and consequently decreed the suit in favor of the plaintiff.

copyright plaintiff favorable · May 11, 2011

Entertainment Network India Ltd v.Super Cassettes Industries Ltd & Ors.

Delhi High Court · LPA No. 448/2011

This appeal challenged various orders passed by a single Judge and the Copyright Board concerning copyright works. The core legal issue addressed was whether an order passed by one tribunal or court could be automatically applied as a precedent to another case, especially where the factual matrix differed.

copyright plaintiff favorable · May 5, 2011

Sheila Cine Arts v.Gemini Pictures Circuits Private Limited

Madras High Court · O.S.A.No.328 of 2007

The plaintiff, a cine film production firm, sued the respondent (a laboratory) for damages after copies of their film 'Manasu' were illegally pirated from the laboratory. The trial court dismissed the suit, but the High Court appellate bench found that the defendant's employees were involved in video piracy and held them vicariously liable.

copyright defendant favorable · Apr 12, 2011

Mr.S.Vijayaraghavan v.Mrs. Sellappappa Keeran

Madras High Court · O.A.No.129 of 2011 in C.S.No.241 of 2004

The applicants sought an interim injunction to prevent the respondent from copying, recording, or publishing works belonging to Late Pulavar Keeran, claiming they had purchased the exclusive rights. The respondent filed a suit asserting her title as owner of the copyright through inheritance. The court examined whether the oral agreement constituted a valid transfer of copyright.

copyright interim order · May 24, 2010

Super Cassettes Industries Ltd. v.Hamar Television Network Pvt. Ltd.

Delhi High Court · CS(OS) 1889/2009 & CS(OS) 1906/2009 (IA No. 12926/2009 & IA No. 13058/2009)

The plaintiff, Super Cassettes Industries Ltd., sought an injunction against the defendants for infringing its copyright in a large repertoire of musical works and sound recordings. The defendants raised defenses including lack of substantiality and fair use/fair dealing under Section 52 of the Copyright Act, 1957.

copyright defendant favorable · Apr 27, 2010

M/s Jak Communications Pvt. Ltd. v.M/s Sun Tv Network Limited

Madras High Court · O.S.A.Nos.425 to 428 of 2009

The appeal concerned whether a civil court had jurisdiction to handle disputes related to copyright infringement and piracy of television signals, given the provisions of the Telecom Regulatory Authority of India Act, 1997. The plaintiffs alleged that the defendants illegally pirated and distributed their channel signals outside the scope of settlement agreements. The High Court ultimately dismissed the appeals.

copyright partly dismissed · Apr 7, 2010

M/S Phonographic Performance Ltd. v.M/S Radio Mid Day (West) India Ltd.

Delhi High Court · RFA No. 440/2009

The Appellant (PPL), a non-profit organization administering broadcasting rights, challenged orders passed by the Copyright Board regarding compulsory licensing fees payable by the Respondent (Radio Mid Day). The appeal primarily focused on procedural grievances related to evidence and documentation before the Board. The High Court upheld the preliminary objection that the appeal was not maintainable but partially set aside the Copyright Board's order concerning the admissibility of documents.

copyright plaintiff favorable · Feb 24, 2010

Kensoft Infotech Limited v.Sundaram BNP Paribas Home Finance Ltd.

Madras High Court · OSA Nos.431 to 433 of 2009

Kensoft Infotech Limited filed a suit seeking permanent injunction and damages against Sundaram BNP Paribas Home Finance Ltd. and Sundaram Infotech Solutions Ltd. The lower court referred the matter to arbitration based on an alleged clause in agreements with R1. Kensoft appealed, arguing that copyright infringement was outside the scope of the arbitration agreement as not all parties were signatories.

copyright defendant favorable · Feb 16, 2010

K.S.Gita v.Vision Time India Pvt. Ltd.

Madras High Court · OSA.Nos.38 to 41 of 2010

K.S.Gita, claiming ownership of the copyright in the literary work 'THANGAM/BANGARAM/GANGA', filed appeals against orders dismissing her applications for temporary injunctions and royalty payments regarding the teleserial 'THANGAM'. The court examined the claims of infringement and financial reliefs sought by the plaintiff.

copyright interim order · Dec 8, 2009

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

Delhi High Court · CS (OS) No. 1876/2009

Pine Labs sued Gemalto Terminals India Pvt. Ltd. for copyright infringement related to its software (Version 1.03) used in the IOCL Fleet Card Program. The dispute centered on whether the plaintiff had validly assigned all intellectual property rights to the defendant under the MSA, especially concerning subsequent modifications after the original work order expired.

copyright plaintiff favorable · Nov 3, 2009

Sun TV, K TV, Sun Music, Sun News, Gemini TV and Teja TV (collectively referred to as 'the plaintiffs') v.First Defendant (D1)

Madras High Court · OA.Nos.1119 of 2009 and A.No.5778 of 2009 in C.S.No.973 of 2009

The plaintiffs filed a suit seeking permanent injunction against defendants for violating Broadcast Reproduction Rights and Copyright by illegally tapping and transmitting their television programmes. The first defendant challenged the suit's jurisdiction under the TRAI Act, 1997. The Court held that it has jurisdiction to entertain the suit and granted an interim prohibitory injunction against D1.

copyright interim order · Nov 3, 2009

Compendiously And Concisely v.For A Decree Of Permanent And ...

Madras High Court · A.Nos.5776 and 5777 of 2009 & O.A.No.1111 of 2009 in C.S.No.963 of 2009

The plaintiffs filed a civil suit and an application for interim injunction, alleging that the defendants were illegally tapping/receiving/recording signals of various TV channels (Sun TV, K TV, etc.) and infringing their Broadcast Reproduction Rights and Copyright. The first defendant challenged the jurisdiction of the Civil Court based on the TRAI Act, but the court dismissed these applications.

copyright defendant favorable · Sep 9, 2009

Muthooth Finance Ltd. v.The Indian Performing Rights Society Limited

Madras High Court · OSA No.64 of 2009 and MP No.1 of 2009

The appeal challenged the Single Judge's order granting an interim injunction sought by The Indian Performing Rights Society Limited (R1). R1 alleged that defendants were infringing copyright by broadcasting recorded songs without obtaining necessary licenses. The High Court upheld the grant of the interim injunction, finding a prima facie case in favor of the plaintiff.

copyright plaintiff favorable · Sep 26, 2008

Radio Today Broadcasting Ltd. v.Indian Performing Rights Society Ltd.

Calcutta High Court · A.P.O. No. 109 of 2006, C.S. No. 90 of 2006

RTB challenged IPRS's claim that it held exclusive rights to grant licenses and demand payment for the broadcast of sound recordings. RTB argued that its business was being threatened by IPRS, which claimed copyright over underlying works. The court ultimately granted a quia timet injunction restraining IPRS from initiating proceedings against RTB.

copyright defendant favorable · Sep 17, 2008

The Chancellor Masters & Scholars Of The University of Oxford v.Narendera Publishing House And Ors.

Delhi High Court · CS(OS) 1656/2005

The plaintiff, a publisher, alleged that the defendants infringed its copyright by reproducing contents from its academic mathematics textbooks in guide books. The plaintiff sought an interim injunction to restrain this infringement. However, the court found that while the plaintiffs' texts lacked step-by-step solutions, the defendants' guides provided them, making their work 'transformative' and amounting to a 'review' under Section 52(1)(a)(ii) of the Act.

copyright defendant favorable · Aug 11, 2008

Astor Technologies v.L.B.Thiagarajan

Madras High Court · O.S.A.No.30 of 2004

Astor Technologies appealed a single judge's order that dismissed their application for an interim injunction against L.B.Thiagarajan regarding alleged infringement of copyright in the 'ASTOR EAZY DESIGN' software. The appellants argued they were the owners and the respondent illegally took the source code, while the court found it premature to grant an injunction without a full trial.

copyright defendant favorable · Mar 3, 2008

Lahari Recording Company Limited v.Music Master Audio Video Manufacturing Co.(P) Ltd.

Madras High Court · O.S.A.No.19 of 2002

Lahari Recording Company Limited filed a suit seeking declaration of its ownership over audio rights and permanent injunction against infringement. The appellant/5th defendant challenged the grant of permanent injunction, arguing that it had stopped manufacturing cassettes after the assignment period expired. The High Court set aside the injunction granted by the single judge, finding no conclusive evidence of post-expiry exploitation.

copyright defendant favorable · Feb 5, 2008

Toyotomi Co. Ltd. v.Alfa Therm Ltd.

Delhi District Court · 12/05

The plaintiffs sought a permanent injunction against the defendant for infringing their copyright in engineering drawings and manuals related to the KSA-120/OMNI 230 Type - E kerosene heater, and for passing off the defendant's goods as theirs. The court dismissed the application for interim injunction, finding no prima facie case of infringement or passing off.

copyright pending · Dec 31, 2007

E-Merge Tech Global Services P Ltd. v.Mr. M.R. Vindhyasagar and Datasolve Analytics P ltd.

Madras High Court · C.S.No.258 of 2020

The plaintiff, a knowledge processing service company, filed a civil suit alleging that the first defendant (a former senior employee) used his knowledge and access to proprietary information after resigning. The plaintiff further alleged that the first defendant incorporated the second defendant company, which operated with an identical business model and targeted the plaintiff's clients.

copyright plaintiff favorable · Dec 12, 2007

Eastern Book Company & Ors. v.D.B. Modak & Anr.

Supreme Court of India · Appeal (civil) 6472 of 2004

Eastern Book Company, publisher of the 'Supreme Court Cases' (SCC), sued defendants for infringing its copyright. The appellants argued that their copy-edited version of Supreme Court judgments constituted an original literary work. The High Court initially ruled against them, but the Supreme Court partially allowed the appeals, granting additional relief to protect the unique editorial inputs and headnotes of SCC.

copyright plaintiff favorable · Dec 5, 2007

The Academy Of General Education v.Smt. B. Malini Mallya D/O Late Sri B.

Karnataka High Court

The dispute arose when the plaintiff, who inherited copyrights from Dr. Karanth via a will, sued for infringement after the Yakshagana Ballet was staged without permission. The core issue was whether Dr. Karanth had created copyright in his modified form of Yakshagana ('Yaksha Ranga') and its seven associated prasangas. The court ultimately sustained the declaration of exclusive copyright in the seven prasangas vesting with the plaintiff.

copyright interim order · Oct 8, 2007

Zee Entertainment Enterprises Ltd. v.Mr. Gajendra Singh And Ors.

Bombay High Court

Zee Entertainment Enterprises Ltd. filed a suit seeking perpetual injunction and damages against defendants for infringing its copyright in the television game show "Titan Antakshari" and passing off its competing show, "Antakshari - The Great Challenge," as associated with Zee's program. The court addressed the interim relief sought by the Plaintiff.

copyright interim order · Jun 7, 2007

Urmi Juvekar Chiang v.Global Broadcast News Limited

Bombay High Court · null

The Plaintiff, a script-writer, claimed that the Defendants were infringing her copyright and breaching confidentiality by broadcasting a program titled 'Summer Showdown'. The Plaintiff asserted that this program was based on her original literary work, the concept note for 'Work in Progress', which she had shared with the Defendants. The Court granted an ad-interim injunction restraining the Defendants from further infringement or breach of confidence.

copyright defendant favorable · May 24, 2007

Pearson Education Inc. v.Prentice Hall Of India Pvt. Ltd. And Ors.

Delhi High Court

The plaintiff, Pearson Education Inc., sought an interim injunction restraining the defendant, Prentice Hall Of India Pvt. Ltd., from publishing or selling books for which the plaintiff held copyright, alleging breach of trust and non-payment of royalties following the termination of a collaboration agreement. The court noted that the entire litigation was complex and intertwined with prior orders in other suits.

copyright plaintiff favorable · Jan 27, 2006

Tractors And Farm Equipment Ltd. v.Green Field Farm Equipments Pvt. Ltd.

Madras High Court · O.A. No. 18 of 2005; O.A. No. 19 of 2005 (in C.S. No. 20 of 2005)

The plaintiff filed two Original Applications seeking interim injunctions against the respondents. O.A. No. 18 sought to restrain the manufacture and sale of tractors (like Maharaja 3300) that substantially imitated the plaintiff's Hunter Tractor design, while O.A. No. 19 aimed to prevent the exploitation of confidential information and technical data related to the Hunter tractor project. The court found prima facie evidence of copyright infringement and breach of confidentiality in favor of the plaintiff.

copyright plaintiff favorable · Jan 20, 2006

Mphasis Bfl Ltd. v.Income Tax Officer (Taxation)

Income Tax Appellate Tribunal - Bangalore · null

The assessee, Mphasis Bfl Ltd., challenged the demand raised by the Income Tax Officer regarding non-deduction of tax at source on payments made for purchasing computer software from non-residents. The core issue was whether these payments constituted royalty under the Income Tax Act, given that the company only acquired a right to use the software, not the underlying copyright.

copyright defendant favorable · Jan 13, 2006

Microfibres Inc v.Girdhar And Co. And Ors.

Delhi High Court · null

Microfibres Inc sued Girdhar And Co. for alleged infringement of its copyrighted artistic works on upholstery fabrics and for passing off. The defendants argued that these features were merely textile designs, not protected artistic works, and thus required registration under the Designs Act.

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