Medical_Devices — India Copyright Cases
5 decisions indexed
Page 1 of 1 · 5 total
T T Krishnamachari And Co v.Commissioner of GST and Central Excise
The Appellant, engaged in trading and distribution of consumer durables and health care products, was charged service tax on royalty received for using its logo "TTK" across group companies. The Department argued the logo functioned as a Trademark (IPR Service), while the Appellant contended it was registered as an artistic work under the Copyright Act, exempting it from IPR service tax. The Tribunal set aside the impugned order in favor of the Appellant.
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.
Michael Casey Enterprises Ltd. v.Asian Sky Shop & Anr
Michael Casey Enterprises Ltd. filed two suits against Asian Sky Shop & Anr alleging infringement of copyright and passing off related to their health equipment, 'AB KING PRO'. The plaintiffs claimed the product's engineering drawings were original artistic works protected by copyright, while the defendants argued that the design was merely ornamental and covered under the Designs Act, 2000. However, due to the plaintiffs failing to appear despite applications for counsel discharge, the court dismissed both suits in default.
Michael Casey Enterprises Ltd. v.Tvc Sky Shop
Michael Casey Enterprises Ltd. filed two suits alleging infringement of copyright and passing off against TVC Sky Shop and Asian Sky Shop. The plaintiffs claimed their health equipment design, 'AB KING PRO,' was protected by both a US patent/design registration and Indian copyright law. However, the court noted significant disputes regarding whether the functional drawings qualified as aesthetic copyrighted works or merely ornamental designs under the Designs Act. Ultimately, due to the plaintiffs' failure to appear despite applications for counsel discharge, the suits were dismissed in default.
Smithkline Beecham Consumer v.Hindustan Lever Limited And Anr.
Smithkline Beecham Consumer filed a suit alleging that Hindustan Lever Limited and others had infringed their copyright related to the drawings and precision moulds used for manufacturing specific models of toothbrushes. The plaintiffs claimed ownership over these designs, which were integral to the product's appearance and function. However, the court ultimately dismissed the suit, finding that the plaintiffs had attempted to file multiple suits in different courts without valid justification, thereby amounting to an abuse of process.
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