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“The plaintiff’s registered trade mark and artistic work is infringed by the defendants, and it is likely to cause confusion in the minds of the public, thus, unless ad-interim reliefs are granted, the plaintiff will suffer irreparable loss, harm, and injury.”
Covering all the important intellectual property rights cases across various High Courts and the Supreme Court, this roundup provides a quick summary of cases, latest legal updates in intellectual property rights and links to other roundups.
“The combination of the two words “RAM” and “BANDHU” is a coined word and arbitrary adaption being totally unconnected with the goods marketed under the trade mark, gives rise to claim for exclusivity.”
“Since Defendant 2 has perpetual right to use music and songs; he also has perpetual right to grant licence to others in respect of the said music and songs.”
The case pertains to alleged exploitation of PPL’s sound recording in the bars and restaurants owned by Azure Hospitality without taking any license from PPL.
“Refusal to grant interim injunction at this stage would cause irreparable harm to Inox, as Cryogas—having no rights to the intellectual property—would be able to exploit Inox goodwill without any legal deterrent.”
“Substantial amount of money is spent by producers and those involved in such creative works, and staying the release of such films/web-series would cause immense loss to all those involved in it.”
The Court held that the defendant had no real prospect of successfully defending their claim for tagline “Hamesha Istemaal Kare or Kapde Me Chamak Paaye”; and there was no other compelling reason as to why the Ghadi’s claim should not be disposed of before recording of oral evidence vide a summary judgment.
The proceedings in the present case are not only delayed but can be treated as litigation strategy on applicant’s part to claim urgent circulation and to seek ad-interim reliefs at the eleventh hour when the film is about to be released.
The Court restrained all premises of Being FS Pacific Hospitality Pvt. Ltd. including ‘Birch by Romeo Lane’ from playing or using the sound recordings of Novex Communications Pvt. Ltd.
The continuous acts of infringement by Movie World Visual Media Private Limited are resulting in serious reputational loss and undermining the economic interest of Saregama India Limited vis-a-vis other licensees who have acquired proper license for valuable consideration of Saregama’s copyrighted works.
“If any social media platform intends to publish the Court proceedings, that will be permissible only in the manner provided by and subject to restrictions and limitations as per Rule 11(b) of Rules of 2021 and not in any other manner.”
The Court directed the Commissioners to conduct a search at the book houses and seize the infringing products bearing EBC’s registered trade marks or containing contents identical or deceptively similar to EBC’s books, books without hologram, packaging, labels, printing material and other material that reflect infringement of copyright and trade mark.
The circular dated 30-01-2024 issued by the State of Goa, does much more than just informing the public of the provision of Section 52(1)(za) of the Copyright Act, 1957 and interfered with the enforcement mechanism provided in the Act for exercise or enforcing rights of copyright societies under the Act.
Making AI tools available that enable conversion of any voice into that of a celebrity without their permission constitutes a violation of their personality rights and such tools facilitate unauthorized appropriation and manipulation of a celebrity’s voice, which is a key component of their personal identity and public persona.
Madras High Court said that the applicant has made out a prima-facie case for grant of ad-interim injunction as prayed for in this application
The rights of the impugned song ‘Udi Jab Jab Zulfein’ from the film ‘Naya Daur’ had been assigned to Saregama India Ltd. by BR Films, the original producer of the film.
“There is also no other compelling reason why the claim should not be disposed of before recording oral evidence, especially since the trust deed by which copyright was assigned was registered and the defendant does not claim to be either the owner, assignee or licensee of the said right.”
Delhi High Court held that the plaintiff, PPL India, established a compelling case of copyright infringement against Geetanjali Salon, the defendants, with a clear imbalance of convenience favoring the plaintiff’s protection of intellectual property, an interim injunction is granted to halt the defendants’ unauthorized use of copyrighted materials.
“The dissolution of partnership is one aspect and its effect on carrying on business by making different arrangements to defeat rights of a registered trade mark owner, is altogether a different thing”