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“The copyright of the plaintiff over his own personality, which include, amongst others, his image, likeness, voice, name, signature, which are distinctive and exclusively associated with him, cannot, prima facie, be doubted at this stage.”
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“A textbook case of the ‘Kerly impasse’ where infringement and passing off coexist as concurrent causes of action”
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“The magnitude of these revisions is not merely incidental; it bespeaks a systemic lapse in the framing, vetting, and finalisation of the question papers and answer keys, including issues of translation parity, which should have been unambiguous from the outset.”
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“The extraordinary delay of 13 years indicates the deficiencies in the post-conviction/bail follow up and lack of coordination amongst the Trial Court, Jail Administration and the Police. It portrays a serious systemic failure in ensuring enforcement of judicial orders. Such like episodes corrode the credibility of the Criminal Justice System.”
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The petitioners argued that in several cases, while approving the building plan, the MCD ignored the relevant building bye-laws as well as the advice tendered by the Heritage Conservation Committee.
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“This Court finds no justification to continue the indulgence granted to Rajpal Yadav earlier, especially in the case as the present one, where he himself has admitted the liability and undertaken to repay the amount.”
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Defendant 1 had created and circulated AI-morphed content of the plaintiff including a movie titled ‘AI Love Story’
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“Once, a vacancy under the reserved category does not exist, the candidate cannot be considered against the reserved category vacancy, which, in fact, does not exist.”
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“Disparagement through misleading and/or abusive statements, constitutes an unlawful interference in other party’s commercial goodwill and is actionable in law.”
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The petitioner argued that his disability details should be removed from online records under the right to be forgotten, claiming the disclosure caused stigma, discrimination, and violation of his privacy and dignity.
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“The mark ‘TIGER’ is publici juris and common to trade and is not uniquely identifiable with a particular goods or services of the Plaintiff.”
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“There are multiple complaints of over-charging, service quality, hygiene, food quality, etc. against the appellant, which presents a troubling state of affairs as regards the on-board catering services being offered by the appellant on the subject train.”
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“Intimacy is normal between every married couple, however, the same has to be a consensual and mutually respectful act.”
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The plaintiffs submitted that they had been using their distinctive logo with the word AAJ TAK written in hindi in white color against a red background with a black outline since 1995 and it had acquired a secondary meaning.
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“The ad hoc arrangement was directed purely as an interim arrangement so that Defendant 1 can continue to use the sound recordings of the plaintiff’s repertoire and, at the same time, the plaintiff is protected by way of deposit of ad hoc license fees, out of which certain amount was permitted to be withdrawn by the plaintiff”
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The petitioner’s employer, Kingfisher Airlines, had deducted the Tax Deducted at Source from the petitioner’s salary but had not deposited the same in the Central Government Account
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“The conjecture of number of replicated DVDs is without basis and entirely presumptuous. It is well settled that damages c =annot be fastened on a litigant on the basis of mere presumption.”
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“The words ‘within a Contracting State’ in Article 5(6) mandate a physical footprint and cannot be expanded to include virtual service permanent establishments.”
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“The need for immediate relief is particularly pressing in this case as the infringing websites are making available the plaintiffs’ copyrighted works, which could lead to significant financial losses for the plaintiffs.”
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“The recognition accorded to the SOCIAL mark by industry associations in India and consistent enforcement of the plaintiff’s rights in the mark before the Courts in India reinforces the mark’s distinctiveness and reputation.”
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