India Copyright Cases

306 decisions indexed

Page 8 of 11 · 306 total

copyright plaintiff favorable · Jul 29, 2011

Super Cassetes Industries Ltd. v.Myspace Inc.

Delhi High Court · 216257

Super Cassetes Industries Ltd. filed a suit against Myspace Inc., alleging that the social networking platform was infringing its copyrights across thousands of songs and films. The plaintiff argued that the defendants' business model encouraged users to upload and share copyrighted material without authorization, causing significant royalty losses. The court addressed interim applications seeking injunctions to prevent further infringement.

copyright interim order · Jul 28, 2011

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

Delhi High Court · 1170278

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 interim order · Jul 28, 2011

The Indian Performing Right Society Ltd. v.Mr. Aditya Pandey And Anr.

Delhi High Court · 1207507

IPRS filed suits alleging copyright infringement by defendants, including Synergy Media and CRI Events. The dispute centered on the scope of rights held by IPRS regarding public performing rights for literary and musical works versus the rights held by phonographic societies concerning sound recordings. The court issued interim directions clarifying that both IPRS and PPRS licenses are necessary if a performance involves both types of copyrighted material.

copyright plaintiff favorable · Jul 25, 2011

Music Broadcast Private Limited v.Indian Performing Right Society Limited

Bombay High Court · 1064366

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 · 99426350

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 · 178033592

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 · 188569518

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 · 1688647

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 · 1932971

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 plaintiff favorable · Jan 13, 2011

Surinder Prakash Gupta v.Union Of India & Ors.

Delhi High Court · 7051622

This writ petition challenged an order by the Copyright Board that allowed objections filed late against the Petitioner’s application for copyright registration. The core issue revolved around whether a third party could file objections beyond the statutory thirty-day period prescribed under Rule 16(4) of the Copyright Rules, 1958. The Delhi High Court ruled decisively in favor of the Petitioner, holding that there was no provision allowing objections to be filed after the stipulated time limit, thereby setting aside the Board's order and restoring the Registrar’s original decision.

copyright mixed · Nov 2, 2010

M/S Babbar Wreckers Private Ltd. v.M/S Ashok Leyland Ltd.

Delhi High Court · 132263896

M/S Babbar Wreckers Private Ltd. filed suit against M/S Ashok Leyland Ltd., claiming rights over technical specifications and engineering drawings used for manufacturing Light Recovery Vehicles (LRVs). The dispute centered on the alleged unauthorized use of these designs by Ashok Leyland in contracts with the Central Government. While Babbar Wreckers claimed substantial reputation and prior contractual benefits, the court found that the plaintiff failed to establish prima facie copyright ownership over the drawings. Consequently, the court balanced competing interests by directing Ashok Leyland to provide an undertaking for damages and file detailed accounts of profits derived from related government contracts.

copyright interim order · May 24, 2010

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

Delhi High Court · 543688

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 plaintiff favorable · May 17, 2010

John Wiley & Sons Inc. v.Prabhat Chander Kumar Jain

Delhi High Court · 777762

John Wiley & Sons Inc. and its affiliates filed suit alleging that defendants were illegally exporting their copyrighted 'Low Price Edition' academic books outside the territories specified in the licenses. The plaintiffs argued that these editions, intended for specific regional markets like India, carried explicit notices prohibiting circulation elsewhere. The court found prima facie evidence of copyright infringement due to this unauthorized export and granted a temporary injunction.

copyright defendant favorable · Apr 27, 2010

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

Madras High Court · 615806

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 · 1639475

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 · 834744

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 · 1888762

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 mixed · Dec 9, 2009

Plaintiff (Assignee) v.M/S.Delux Films And Others

Madras High Court · 916746

This Madras High Court order addressed applications concerning the alleged infringement of a plaintiff's copyright in the literary work 'THANGAM/BANGARAM/GANGA'. The plaintiff sought permanent injunctions, royalties, and liquidated damages against M/S.Delux Films and others for adapting and telecasting the serial 'Thangam'. While the court did not rule on the merits of infringement or royalty at this stage, it issued procedural directions to ensure timely trial.

copyright interim order · Dec 8, 2009

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

Delhi High Court · 1662896

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 mixed · Dec 7, 2009

Microsoft Corporation v.Mr. Pradeep Khanna

Delhi High Court · 127683913

Microsoft Corporation filed four civil suits alleging that various defendants were using pirated or illegally copied software at their offices, constituting copyright infringement. The plaintiffs sought an ex-parte injunction and the appointment of a Local Commissioner to audit and seize hard discs as evidence. The Delhi High Court allowed the interim injunction subject to cost security and directed the appointment of a Local Commissioner with technical experts to conduct a thorough inspection and mirror imaging of the defendants' computer systems.

copyright plaintiff favorable · Nov 19, 2009

Sap Aktiengesellschaft & Anr. v.M/S. Varehouse Infotech

Delhi High Court · 770596

This case involved a suit filed by SAP Aktiengesellschaft against M/S. Varehouse Infotech seeking permanent injunctions for copyright infringement related to SAP software. The defendant challenged the court's territorial jurisdiction, arguing that the plaintiffs lacked sufficient nexus with Delhi under Section 62(2) of the Copyright Act, 1957. However, the High Court dismissed the application, holding that since Plaintiff No. 2 was carrying on business in Delhi on an extensive scale, the court possessed the necessary jurisdiction to proceed with the suit.

copyright interim order · Nov 3, 2009

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

Madras High Court · 1993333

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 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 · 335863

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 plaintiff favorable · Sep 23, 2009

Dabur India Ltd. v.Sh. Ashok Aushadhi Udyog

Delhi High Court · 160035961

Dabur India Ltd. filed a suit against Sh. Ashok Aushadhi Udyog alleging that the latter had adopted deceptively similar labels for ayurvedic tonics, specifically Dashmularishta and Ashokarishta. Dabur claimed ownership of copyright in the artistic work comprising these distinctive product labels. The court found sufficient evidence to establish Dabur's proprietary rights and ruled that the defendant's use constituted infringement. Consequently, the suit was decreed with permanent injunctions and punitive damages awarded.

copyright defendant favorable · Sep 9, 2009

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

Madras High Court · 1964259

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 · Aug 10, 2009

Vipul Amrutlal Shah v.Shree Venkatesh Films Pvt. Ltd.

Calcutta High Court · 54689491

Vipul Amrutlal Shah filed a suit alleging that the Bengali film 'Poran Jaey Joliya Re' infringed his copyright in the successful Hindi film 'Namastey London'. The core dispute centered on whether copying the storyline and plot amounted to infringement, despite the legal principle that there is no copyright in an idea. The court found substantial similarity and granted interim relief.

copyright defendant favorable · May 11, 2009

Perfetti Van Melle S.P.A. v.Shankarlal Dhingra

Delhi High Court · 10534405

Perfetti Van Melle S.P.A. filed a suit alleging infringement of its copyrighted trade dress and artistic work on its 'Center Fresh' chewing gum packaging by a competitor using the 'Super Mint' brand. The plaintiff claimed that the defendant's wrapper was deceptively similar, constituting both copyright infringement and passing off. However, the Delhi High Court dismissed the suit, finding no substantial similarity in the art or color scheme between the two wrappers.

copyright interim order · Apr 13, 2009

Warner Bros. Entertainment Inc. v.Mr. Santosh V.G.

Delhi High Court · 67850614

Warner Bros. Entertainment Inc. filed a suit against Mr. Santosh V.G., proprietor of Cinema Paradiso, alleging infringement of their film copyrights. The plaintiffs claimed that the defendant was illegally renting Zone 1 DVDs (intended for US/Canada) in India without proper licensing. The court confirmed the existing ad-interim injunction, recognizing the prima facie case of copyright violation under the Copyright Act, 1957, while reserving final judgment pending evidence regarding ownership claims.

copyright defendant favorable · Feb 11, 2009

Sap Aktiengesellschaft v.M/S Parginsys

Delhi High Court · 17889420

Sap Aktiengesellschaft filed a suit seeking damages and rendition of accounts against M/S Parginsys for infringing its software copyright. The plaintiff alleged that the defendant was providing training services using pirated software in Nagpur, Maharashtra. However, the Delhi High Court found that the plaintiff failed to establish a sufficient connection or 'place of business' within Delhi, concluding that the suit was filed merely as a tactic to harass the defendants.

copyright defendant favorable · Jan 15, 2009

Syndicate Of The Press Of The University Of Cambridge v.B.D. Bhandari & Anr

Delhi High Court · 7688282

This case involved a dispute where Syndicate Of The Press sought to restrain B.D. Bhandari and others from selling their guidebooks, alleging unauthorized reproduction of content from the plaintiff's textbook, "Advance English Grammar." Despite an earlier interim injunction against verbatim copying, the court ultimately found that since the plaintiff's book was prescribed by the university, its questions and answers fell into the public domain under Section 52(1)(h) of the Copyright Act. Consequently, the suit for infringement was dismissed.

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