Mrs. Sellappapa Keeran v. S. Vijayaraghavan & Anr
The Plaintiff, Mrs. Sellappapa Keeran, wife of late Pulavar Keeran, a famous religious Hindu preacher and historian, sought a declaration from the Madras High Court that she was the rightful owner of the copyright of her husband’s works. She also filed for an injunction against the Defendants, asking them to surrender all master tapes containing original recordings of the speeches, lectures and discourses and in any other form like cassettes or CDs. …
M/s. Sun TV Network Ltd. v. M/s. Nitin Productions & Anr
Defendant Nitin Productions assigned the copyright of the film “HUDUGAATA” in favour of the Plaintiff after receipt of the agreed consideration. By virtue of the agreement, the Plaintiff became the absolute copyright owner of the aforementioned film which included satellite rights, radio rights and other similar rights perpetually. However, Defendant M/s. Public TV, telecast songs from the film without obtaining prior permission. The Plaintiff, which held the copyright of…
Saregama India Limited v. Next Radio Limited & Ors.
The Apex Court, in the instant case, set aside an interim order passed by the Madras High Court, which held that copyrighted material cannot be broadcasted without prior notice as per Rule 29(4) of the Copyright Rules, 2013. The High Court had modified specific provisions of the Rule and applied it to the broadcasters, by opining that the Rule lacked flexibility and created difficulties for the broadcasters. The mandate to furnish…
Muthoot Finance Limited vs Shalini Kalra & Ors
In this case, the Plaintiff, Muthoot Finance Limited, a non-banking financial institution, provided business and personal loans against the deposit of gold jewellery. As a part of this business the Plaintiff had to maintain proprietary and confidential information related to its vast customer base in the form of a database which in turn constituted a ‘literary work’ as under Section 2(o) of the Copyright Act, 1957 and it also amounted to trade…
This running post provides a summary of the latest Indian Copyright cases in 2021, decided by various Courts and tribunals in the country.
1. Mr. John Hart Jr. & Anr. vs. Mr. Mukul Deora & Ors, High Court of Delhi, CS (Comm) 38/2021
In this case, Plaintiff No. 1 claims to be vested with the exclusive copyright to make a movie adaptation of the book “The White Tiger” authored by Mr. Aravind Adiga by virtue of a Literary Option/Purchase Agreement dated…
Imagine the situation where the manufacturer of your car restricts you to drive your car only on weekdays or compels you to fill fuel at a specified fuel station. Yes, this could be a reality if the US Federal court judgement in the Lexmark vs Impression Products is not reversed by the US Supreme Court.
Earlier this year, the Federal Circuit ruled en banc in Lexmark v. Impression the most significant exhaustion ruling since the Supreme Court’s Quanta decision. The ruling of US…
The following presentation was delivered by Dr. Kalyan C. Kankanala, Managing Partner BananaIP Counsels, at the Woxsen School of Business, Hyderabad. The presentation is titled “Intellectual Property and Business Value” and covers the following topics:
IP as a Business Tool
Major Forms of IP
Integrated Protection
Patents
Patentability Requirements
Patent Process
Patent Rights
Patent Infringement
Claim construction
Examples
Patents in Business
Trademarks
Registration Process
Trade Mark Infringement and examples…