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“Piracy of cinematograph films is one of the biggest causes for losses in the film industry. Thus, various legislative steps have been taken to curb piracy and recently, amendments have been carried out in the Cinematograph Act, 1952 to deal with piracy in a much stricter manner.”
Bombay High Court perused the assignment deed pertaining to the film ‘Amba’ and opined that ‘the said work’ indicates plaintiff’s failure in making out a prima facie case of only audio rights being assigned to the defendant.
The screenplay of the film is entirely the work of Satyajit Ray. ‘Nayak’ was also entirely the directorial effort of Satyajit Ray. The plaintiff, RD Bansal is merely the producer of the film.
In the instant case clips and stills from the film ‘Jawan’ were already available on the internet over various platforms, though no license to broadcast or transmit any part of the film has, to date, been granted by the plaintiff to any entity.
The Delhi High Court observed that “Dichotomizing the claims and the accompanying specifications is, therefore, contrary to the most fundamental canons of patent law.”
The practice and procedure, both pre and post GST are consistent and involve participation of the officer of the DGGI in issuance of show cause notices.
“The Court held that in every case of trademark infringement, the plaintiff claiming infringement of its registered mark is required to claim relief in the context of specific instances of infringement, relatable to individuals against whom orders can be passed by the Court.”
The Delhi High Court granted permanent injunction to RPG Enterprises Ltd. for its mark ‘RPG’. Further, RPG Developers (P) Ltd. were restrained from offering/rendering any services using the impugned trade mark ‘RPG’ and/or ‘RPG DEVELOPERS’ and/or artistic work which was a colourable imitation of the plaintiff’s artistic work or any other trade mark/artistic work deceptively similar to the ‘RPG’ marks of the plaintiff. Additionally, Rs. 3 lakhs were awarded as damages to the plaintiff.
There was no written authorisation in Brompton's favour to use the YSL marks in relation to the Boutique, the goods offered from the Boutique and otherwise. Thus, the Court held that Brompton could not be considered as a “permitted user” of the YSL marks.
Microsoft filed the present suit for permanent injunction against the defendants restraining them from directly or indirectly reproducing/storing/installing and/or using pirated/unlicensed software programmes, thereby infringing the copyright in the plaintiffs’ computer programmes/software titles.
Mebigo Labs Private Limited filed a suit seeking permanent injunction restraining Pocket FM Private Limited from committing acts of copyright infringement and unfair competition regarding the Hindi translation of the audio book titled “Mossad: The Greatest Mission of the Israeli Secret Service”.
Madras High Court: In an application filed by Viacom 18 praying for restraining several cable and internet service providers involved
“Disclaimers do not go to the market and a common man of average intelligence or the average consumer would have no knowledge of any disclaimers present in a trademark registration.”
Delhi High Court: In a suit filed by Colgate Palmolive Company (‘plaintiff’) seeking permanent injunction, restraining infringement of trademark COLGATE,
Gujarat High Court: While deciding the instant matter concerning copyright infringement, the Bench of Niral Mehta, J., observed that a
Infringers cannot be permitted to seek shelter under Telegram’s policies merely on the ground that its physical server is in Singapore. If the protection of copyright is not evolved as per the changing times, it would have a chilling effect on the progressive initiatives taken by educators in sharing their materials and ensuring accessibility.
by Mayank Grover† and Ankita Panda††
Delhi High Court: In a case where permanent injunction was sought against use of Royal Champs, a Gwalior Distilleries Private Limited product
Delhi High Court: In a case where FIR was registered by Managing Director of Sanash Impex Pvt. Ltd. (‘respondent’) against Flipkart (‘petitioner’)
Delhi High Court: Sanjeev Narula, J. issued interim directions for protecting the rights of the plaintiff company ‘Sony Ten Network'