India Copyright Cases
306 decisions indexed
Page 4 of 11 · 306 total
M/s. New Rubric Solutions LLP v.Pearson India Education Services Private Limited
The plaintiff, M/s. New Rubric Solutions LLP, filed a suit alleging that the defendant, Pearson India Education Services Private Limited, infringed its intellectual property rights by using and misrepresenting the test results of its assessment product 'Kaleido' in the defendant's product 'MyPedia'. The court found in favor of the plaintiff.
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.
M/s.Maya Appliances P Ltd. v.Apex Consumer Appliances P ltd.
M/s. Maya Appliances P Ltd. filed a civil suit alleging that Apex Consumer Appliances P ltd. was infringing upon its registered copyrights related to the design of its VIDIEM AIR frameless gas stove. The plaintiff claimed that the defendant's APEX EVA stoves were identical or deceptively similar, constituting both copyright infringement and passing off. Furthermore, the plaintiff asserted that the defendant used proprietary phrases from the promotional video on their carton boxes. The Madras High Court ultimately decreed the suit in favor of the plaintiff, granting injunctions, damages, and ordering the destruction of infringing products.
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.
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.
SaNotize Research and Development v.Lupin Limited
The court permitted the plaintiff to amend their plaint, specifically regarding the separation of pure copyright material into a new exhibit. Given the sensitive nature of both parties' confidential information, the court ordered a controlled inspection meeting between limited representatives of both sides to facilitate further proceedings.
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.
Uday Prakash v.Anand Pandit And Another
Uday Prakash appealed against the rejection of his application for a temporary injunction in a suit claiming infringement of his registered copyright ('Highway-39') by defendants who were producing a feature film titled 'Chehre'. The High Court found prima facie that there was no distinctive plagiarism, but directed the trial to be expedited and mandated an acknowledgment if the plaintiff succeeds.
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.
Abhishek Kumar v.Union Of India Through Registrar Of Copyrights & Ors.
Abhishek Kumar filed a petition under Section 50 of the Copyright Act seeking to expunge the copyright registration of the 'Turbo Plus' label, which was registered as an artistic work. The petitioner also sought the suspension of this registration's effect to protect against potential infringement threats. Given the ongoing proceedings before the Trademark Registry regarding the cancellation of a search certificate, the court renotified the matter for further hearing.
Hindustan Unilever Limited v.Shri Mahaveer Jain Industries
Hindustan Unilever Limited filed a suit against Shri Mahaveer Jain Industries alleging infringement of its distinctive original artwork, 'Elle 18 face,' used on nail polish packaging. The dispute centered on the defendant's use of similar artistic designs and potential passing off. Both parties amicably settled the matter before the Bombay High Court.
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.
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'.
Qliktech International Ab v.DCIT (International Taxation)
The assessee, Qliktech International AB (a Swedish company), was assessed income from the sale of its software products (Qlikview) as 'royalty' under Section 9(1)(vi) and Article 12 of the India-Sweden DTAA. The Tribunal ruled in favor of the assessee, holding that the mere transfer of a copyrighted article does not constitute a transfer of copyright or payment for use/acquisition of rights, and thus is not taxable as royalty.
Refread Solutions Private Limited v.Scientific E-Resource
The plaintiff, a company providing digital online libraries (Refread), sued the defendant for infringing its copyright and engaging in unfair competition. The plaintiff alleged that the defendant was promoting a similar product ('Read Smart Digital') using the plaintiff's tagline and had copied 87% of the website content and 100% of the product. The court found infringement and granted relief.
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 Purva Metal Sections Pvt.Ltd. v.Sri. K. Bhoopathi
The plaintiff, M/s Purva Metal Sections Pvt.Ltd., filed a suit seeking permanent injunction against Sri. K. Bhoopathi, alleging that the defendant was interfering with its lawful business of manufacturing and selling steel tubes (175mm and 180mm OD). The dispute centered on the defendant's claim of exclusive copyright over the drawings/technology used for these specific steel tubes.
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.
Karthikeyan And Company v.M/s.New Brilliant Publications
Karthikeyan And Company filed a civil suit against M/s.New Brilliant Publications alleging both copyright infringement and passing off related to their Tamil notes. The plaintiffs sought permanent injunctions, surrender of infringing copies, and damages for the unauthorized reproduction and use of their work. However, the plaintiffs subsequently moved the court seeking permission to withdraw the suit due to changes in school syllabus and the defendant discontinuing active business.
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