Industry Sector

Other — India Copyright Cases

75 decisions indexed

Page 3 of 3 · 75 total

copyright plaintiff favorable · Nov 19, 2002

Music Broadcast Pvt. Ltd. v.Phonographic Performance Ltd.

Copyright Board · 1242789

The complainants (radio broadcasting stations) sought a compulsory license from Phonographic Performance Ltd. (PPL) to broadcast its repertoire of sound recordings, as PPL refused to agree on mutually acceptable royalty terms. The Copyright Board ultimately granted the compulsory license and fixed specific rates for royalty payment.

copyright plaintiff favorable · Nov 19, 2002

Music Broadcast Pvt. Ltd. v.Phonographic Performance Ltd.

Copyright Board · 1687432

Multiple complainants, including Music Broadcast Pvt. Ltd., sought a compulsory license from Phonographic Performance Ltd. (PPL) to broadcast sound recordings on their radio stations. After failing to reach an agreement on royalty rates, the Copyright Board intervened to determine reasonable compensation.

copyright plaintiff favorable · Sep 13, 2002

Hawkins Cookers Ltd. v.Magicook Appliances Co.

Delhi High Court · 330218

Hawkins Cookers Ltd. filed a suit against Magicook Appliances Co., alleging multiple infringements related to its pressure cooker business. The plaintiff claimed that the defendant used a deceptively similar label, which was protected under copyright registration No. A-27389/80. Furthermore, the plaintiff asserted that the defendant's cook book verbatim reproduced substantial passages from the plaintiff's copyrighted instructional material. The Delhi High Court found in favor of Hawkins Cookers Ltd., granting permanent injunction and directing rendition of accounts.

copyright plaintiff favorable · Jul 3, 2002

Smithkline Beecham Consumer v.Hindustan Lever Limited And Anr.

Bombay High Court · 1304219

This appeal concerned a copyright infringement suit filed by Smithkline Beecham Consumer against Hindustan Lever Limited regarding toothbrushes. The plaintiffs claimed copyright over mould drawings and pilot moulds used in manufacturing the PEPSODENT POPULAR toothbrush. The Trial Court dismissed the suit, holding that it was barred by Order II, Rule 2 of the CPC and constituted an abuse of process of law. The Bombay High Court overturned this decision, finding that the present suit involved a distinct cause of action—the importation of moulds in 1999—and thus did not amount to an abuse of process.

copyright defendant favorable · Jan 15, 2002

M/s. ABP Ltd. v.Unknown

Copyright Board · 44655

M/s. ABP Ltd. applied to register four Bengali font typefaces (Aananda Expanded Italic and others) as artistic works under the Copyright Act, 1957. The Copyright Board ultimately rejected the applications, holding that typeface design does not constitute a work entitled to copyright protection.

copyright plaintiff favorable · Dec 15, 1994

Employees' Federation v.Tvs And Sons Ltd.

Madras High Court · 568506

This appeal concerned a temporary injunction sought by TVS And Sons Ltd. against the release of a documentary video cassette prepared by the Employees' Federation, which depicted alleged unfair labor practices within the company. The court found that while the film pointed to management misdemeanors, the balance of convenience favored its publication, provided certain modifications were made.

copyright plaintiff favorable · Dec 15, 1994

Tvs Employees' Federation And Others v.Tvs And Sons Ltd. And Another

Madras High Court · 532802

The case revolves around an appeal filed by TVS Employees' Federation against an order of temporary injunction granted to TVS And Sons Ltd. The dispute centers on a video cassette prepared by worker representatives, which the company alleged was intended to malign its reputation through false depictions of workers' struggles.

copyright defendant favorable · Jul 14, 1993

M/S. Laxmi Video Theaters And Others v.State Of Haryana And Others

Supreme Court of India · 1142975

The appeal challenged whether video parlors operating in Haryana using VCRs to show pre-recorded cinematograph films were covered by the Cinematograph Act, 1952. The Supreme Court affirmed that since 'cinematograph' includes any apparatus for the representation of running pictures, the VCR falls within this definition.

copyright defendant favorable · Jun 8, 1993

Assistant Commissioner Of Income-Tax v.Chittaranjan Datta

Income Tax Appellate Tribunal - Kolkata · 1748911

The dispute concerned whether payments received by Chittaranjan Datta for assigning his copyright and goodwill in a book were taxable as income. The assessee claimed they were non-taxable capital receipts, while the Income Tax Officer argued they were part of his professional income. The Tribunal confirmed the CIT (Appeals) order.

copyright defendant favorable · May 4, 1984

Govt. Of West Bengal v.Nitya Gopal Basak And Ors.

Calcutta High Court · 1915632

This appeal was filed by the State of West Bengal against an acquittal order concerning charges under the Copyright Act and Trade and Merchandise Marks Act. The core dispute centered on allegations that the respondents had knowingly infringed the copyright of a Bengali educational book, "Adarshalipi-O Saral Barna parichay." Although initial arguments focused on procedural requirements like registration and expert testimony, the court ultimately examined the content of both books.

copyright defendant favorable · Aug 20, 1980

Pillalamarri Lakshmikantham And Ors. v.Ramakrishna Pictures And Ors.

Andhra HC (Pre-Telangana) · 1486801

The Publishers sued Ramakrishna Pictures for infringing their copyright in the book 'Tara-sasankam', which was adapted into a film. The trial court found in favor of the publishers, granting injunction and awarding damages. Subsequent appeals were filed by the publishers seeking accounts of profits, but the High Court dismissed these appeals based on established legal principles that preclude claiming both damages and accounts.

copyright defendant favorable · Feb 6, 1975

Deepak Printery v.The Forward Stationary Mart And Ors.

Gujarat High Court · 147082

Deepak Printery filed a suit claiming copyright infringement over its calendar date-pads (Dattas) against The Forward Stationary Mart. The court examined whether the complex design, which includes specific artistic elements and layout, met the criteria for an 'artistic work' under the Copyright Act 1957. Ultimately, the appeal was dismissed.

copyright plaintiff favorable · Jan 16, 1964

The United Concern v.The Daily Calendar Supplying Bureau, Sivakasi

Madras High Court · 1613396

The plaintiff, United Concern, alleged that the respondent, Daily Calendar Supplying Bureau, copied their copyrighted oil painting of Lord Subramania. The trial court found infringement and granted injunction and damages. The respondent appealed, arguing lack of originality and infringement. The High Court upheld the finding of substantial reproduction and dismissed the appeal.

copyright plaintiff favorable · Feb 28, 1958

Messrs Macmillan and Co. Ltd. v.A firm of publishers carrying on business in Madras under the name and style of "The Little Flower and Co."

Madras High Court · 1685540

The plaintiffs sued for copyright infringement regarding two works: 'The Return of the Native' by Thomas Hardy and 'Stories from Tagore'. The defendants published guides that reproduced substantial parts of these original works. The court addressed preliminary issues concerning the validity of the Copyright Act in post-independence India before ruling on the merits.

copyright defendant favorable · Dec 8, 1953

S.K. Dutt v.Law Book Co. And Ors.

Allahabad High Court · 146202

S.K. Dutt sued Law Book Co. and others, alleging that their publication contained numerous passages pirated from his copyrighted work, 'The Indian Partnership Act'. The plaintiff claimed infringement and sought damages and an injunction.

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