Court : Delhi
Reported in : LC2007(1)175; 2007(34)PTC81(Del)
..... defendant no. 2 or the arguments raised by the plaintiffs that those cases decided by foreign courts would have no bearing in the context of indian copyright act. this issue would be relevant after the evidence is led and the defendant no. 2 shall be entitled to raise these issues at ..... of parties. this plea is based on the provisions of section 52(1)(u)(ii) of the indian copyright act, 1957 (hereinafter referred to as 'the act'), which exempts from infringement of copyright the inclusion in a cinematographic film of any artistic work when such inclusion is by way of background ..... the film, it would be impossible for any producer to make a film. the indian copyright act is modeled along the lines of the u.k. copyright act. an extract from an authority on u.k. copyright law summarizes the three key justifications for the enactment of a provision such as section 52 ..... form of exception an artist, photographer, film maker or broadcaster could not even include images of a building in his work without infringing the architect's copyright. overall, these provisions have a great deal of importance for photographers, advertisers, film makers and broadcasters.8. it is for this reason, argued the ..... plaintiffs and with the plaintiffs alone. the plaintiffs have filed this suit for permanent and mandatory injunction and rendition of accounts for infringement of copyright of the plaintiffs in a particular dress designed by them. the dress in question is for women and consists of a blue poncho and a .....Tag this Judgment!
Court : Delhi
Reported in : 1999VIAD(Delhi)687; 82(1999)DLT398
..... chief metropolitan magistrate, delhi under sections 78 and 79 of the trade and merchandise marks act, 1958 and sections 63 and 64 of the indian copyright act, 1957. this complaint was however filed against unknown persons but seizures were effected at the defendants premises. it cannot be appreciated why the ..... criminal complaint under sections 78 and 79 of the trade & merchandise marks act, 1958 as well as under sections 63 and 64 of the indian copyright act, 1957 was filed against unknown persons and that the plaintiff effected seizure at the defendants premises of large quantity of spurious rice duly ..... brought this suit under sections 105 and 106 of the trade and merchandise marks act, 1958 as well as under section 51 of the indian copyright act, 1957 seeking the relief of permanent injunction and rendition of accounts. the case disclosed in the plaint is that the plaintiff is the ..... b. rajendra subudhi : air1986ori210 is also to the affect that where the plaintiff had not registered his wrapper or label with the registrar of copyrights no prima facie case in relation to the infringement there of could be made out. 17. in bimal govindji shah v. panna lal chandu lal ..... that is much after the application of the defendants. the defendants alleged that they are the proprietors of an artistic feature hariyali and hold copyright therein and the registrar of trade marks has issued no objection certificate and that the final registration certificate is likely to be granted shortly. .....Tag this Judgment!
Court : Delhi
Reported in : LC2007(2)129; 2007(35)PTC50(Del)
..... has contended that it also employs a unique lettering style and colour combination in respect of the trade mark which is its original artistic work within the meaning of the indian copyright act, 1957 and as such, the plaintiff is the owner and proprietor of the same as well.2. the suit has been necessitated as the plaintiff came to know of ..... activities of the defendants through the industrial directory 'thomas register of indian manufacturers, 2004' wherein the factum of the defendant's engagement in manufacturing and marketing of steel and stainless steel fasteners under the trade mark and trade name kamdhenu industrial service ..... lettering style and colour combination adopted by the plaintiff in respect of its trade mark kamdhenu is registered under the copyright act, 1957 and as such, the plaintiff is the owner and has exclusive proprietary rights therein under the provisions of the copyright act, 1957.8. the defendant has adopted the trade name kamdhenu industrial service which is identical to the trade .....Tag this Judgment!
Court : Delhi
Reported in : LC2008(2)384
..... . 1193/2006 in counter claim no. 1349/20051. the plaintiff filed the instant suit under sections 134 and 135 of trademark act, 1999 as well as under section 51 of indian copyrights act seeking permanent injunction against the defendant alleging therein that the defendant was infringing the trademark and logo of the plaintiff viz 'marc'.2. it is submitted by the plaintiff ..... the plaintiff against the use of the trademark 'sona' by defendant.15. in canon kabushiki kaisha v. b. mahajan and ors the applicant sought interim injunction against the trademark and copyrights of mark 'canon' used for imaging equipments and information systems alleging that defendant was using the trademark 'canon' for similar style and get up in goods consisting of nuts, bolts ..... defendant is that in fact the trade and merchandise marks act applicable in england at that time did not contain a provision similar to sections 28 and 31 of the indian act. secondly, no contention was raised before the court in valentine's case that an injunction cannot be granted restraining the registered owner from using the trademark.11. in jindal .....Tag this Judgment!
Court : Supreme Court of India
..... . 8 dated 14.1.2010 was registered at police station balugaon under sections 120b, 121, 121a, 124a read with section 34 of the indian penal code, section 17 of the criminal law (amendment) act, section 63 of the indian copyright act, 1957, and sections 10, 13, 18 and 20 of unlawful activities (prevention) act, 1967. according to the complainant (balabhadra pradhan, sub inspector .....Tag this Judgment!
Court : Delhi
Reported in : 1994IIIAD(Delhi)65; 55(1994)DLT80; 1994(30)DRJ105
..... done by cleassens in england, was valid, as far as england was concerned. the defendant in this case, cannot take advantage of the fact that section 19(2) of the indian copyright act, which requires that the nature and extent of assignment must also be specified. it is not the cleassens who arc complaining about inadequate assignment or incomplete assignment. the defendant ..... to the bottle which the plaintiff says, is an artistic work. the artistic work which is entitled to protection by virtue of the provisions of section 2(c) of the indian copyright act, inasmuch as india is a member of the berne convention, as also the united kingdom, and both india and united kingdom being signatories to the universal ..... plaint to the effect, 'the glenfid- dich label of the plaintiff constitutes an original artistic work within the meaning of section 2(c) of the indian copyright act, 1957 and is entitled to protection as such under the indian law............' (53) in my view, what mr. sen says is very clear from pleadings in para no.14 of the plaint. in the early ..... originating from scotland has been held to be objectionable. the glenfiddich label of the plaintiff constitutes an original artistic work within the meaning of section 2(c) of the indian copyright act, 1957 and is entitled to protection as such under the indian law by virtue of the membership of both india and the united kingdom to the berne convention and the universal .....Tag this Judgment!
Court : Supreme Court of India
..... vested in it as high a body as judicial committee of the privy council under section 4 of the copyright act, 1911,which had been passed by the parliament of the united kingdom and modified in its application to india by the indian copyright act, 1914.29. in support of the submissions made by him, dr. singhvi referred to various decisions, beginning with ..... criminal procedure, 1973, and all proceedings before the board shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the indian penal code.the provisions clearly indicate that the copyright board discharges quasi-judicial functions, which as indicated in sections 19-a, 31, 31-a, 32and 52, requires the board to decide disputes in respect of ..... 1974)] and all proceedings before the board shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the indian penal code, 1860 (45 of 1860)".as would be noticed, the copyright board has been empowered to regulate its own procedure and is to be deemed to be a civil court for the purposes of sections 345 ..... in below : "31. compulsory licence in works withheld from public.(1) if at any time during the term of copyright in any indian work which has been published or performed in public, a complaint is made to the copyright board that the owner of copyright in the work-(a) has refused to republish or allow the re-publication of the work or has refused .....Tag this Judgment!
Court : Karnataka
Reported in : ILR2000KAR5057; 2001(4)KarLJ78
..... application to india by the indian copyright act, 1914, both of which acts are repealed by the present act of 1957 ..... , the examination of the scheme of that act becomes necessary. so, coming to the copyright act, the object of the act manifested by its preamble is to account and consolidate the law relating to copyright. earlier, the law on copyright was governed by the indian copyright act, 1914, and the copyright act of 1911 passed by the parliament of the united kingdom as modified in its ..... . in that view of the matter, it cannot be stated that these are the rights and liabilities created for the first time under the copyright act. on the other hand, they are plainly the subject of the indian contract act.(emphasis supplied)26. nextly, what has to be seen is, whether a complete machinery is provided by the act for effective adjudication ..... to 62 of chapter xii. chapter xiii deals with offences under the act. the provision for appeal against certain orders of magistrate, of the orders of the registrar of copyrights and copyright board, as also regarding procedure for appeals are provided by sections 71 to 73 of chapter xiv. sections 74 to 79 of chapter xv contain the provisions relating to miscellaneous .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR1981AP224
..... was no infringement of the book because the deed in ex. a-1 was not registered under section 13 of the indian copyright act iii of 1914 read with the provisions in the copyright act of 1911 passed by the parliament of the united kingdom. in the final alternative it was averred the book is ..... the learned single judge held;'.........the amount of rs. 3,000/- fixedby the court below as an appropriate measure of compensation for infringement of plaintiff's copyright, cannot be said to be either unreasonable or arbitrary. i, therefore, confirm the said figure.'the relief of accounts was negatived.6. this court against ..... the producer and the distributors.2. the suit was resisted principally by the producer of the film to hold that ramakrishna pictures were the assignees of copyrights in the book by virtue of assignment made by the spouse of the author on april, 1, 1967, that they were transferees for value ..... 1661 was passed. the law revision act of 1863 repealed the copyright act, 1775. then, came the copyright act of 1814 and the copyright act, 1911 which is now repealed by the copy-right act of 1956. the act xiv of 1957 of indian parliament incorporated all principles that were in the statute of act ..... iii of 1914 with some variations which are not relevant for these appeals. the law in the united kingdom for the last four hundred years as to copyrights was understood that in the event of .....Tag this Judgment!
Court : Delhi
Reported in : AIR1986Delhi444; 1986(1)ARBLR86(Delhi)
..... p.c. 57 that .the label in question in that suit was an 'engraving'. by virtue of the provisions of section 2(1) of the indian copyright act, 1957, engraving is an artistic work. the label in that case, if it was an 'engraving' would also be covered by the protection available ..... to 'engraving' under the indian copyright act. according to chambers dictionary to engrave is 'to cut with a graver on wood, steel etc.; to cut into, to impress deeply to form ..... distinguish the two cartons. (49) mr. aggarwal did not make any submission at all regarding the copy-right ability of printed cartons as defendants themselves claim copyright in 'such mechanically printed cartons. (50) his only submission related to passing off only. .mr. aggarwal contended that there is no similarli.y at all ..... 335 which reads as under:--- 'the word 'original' does not in this connexion mean that the work must be the expression of original or incentive thought, copyright acts are not concerned with the originality of ideas, but with the expression of -thought, and in the case of literary work. with in print or ..... by the defendants that they are the registered owners of the carton 'entitled' captain elora which is (registered at no. a-36907/82 under the copyright act, 1957 and that registration is still valid. it is asserted that- elora and flora are distinctive words. the word flora indicates flowers. the word .....Tag this Judgment!