Category: Copyright Infringement

Personality rights – An Examination of Amitabh Bachchan v. Rajat Nagi and Ors

14th January, 2023 - 6:39 am Categories: Copyright Infringement Trademark

Introduction “While one person may build a home, another knit a sweater so also may a third create a valuable personality, all three must be recognised by the law as ‘property’ protected against trespass and theft.”[1] A person laboriously constructs a celebrity persona through a combination of intellectual, emotional and physical efforts. The good-will and … Continue reading Personality rights – An Examination of Amitabh Bachchan v. Rajat Nagi and Ors

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A Legal Tussle Between Audiobooks And Audio Summary : A Critical Analysis

26th December, 2022 - 9:29 am Categories: Copyright Infringement

INTRODUCTION Copyright is an integral part of the Intellectual Property Right regime in today’s era. Copyright gives an exclusive right to the creator of any literary, artistic or dramatic work etc. once it has been put in tangible form by the owner. An exclusive right for usage is given to the first owner[1] under which … Continue reading A Legal Tussle Between Audiobooks And Audio Summary : A Critical Analysis

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Copyright Infringement: Bollywood V. Hollywood

28th June, 2022 - 7:56 am Categories: Copyright Infringement

Bollywood, India’s Hindi-language film business, is one of the world’s largest and fastest-growing film industries, both commercially and culturally. Through its fascinating material, it has managed to maintain a foothold on its global audience. However, various complaints have surfaced in the industry, implying that there is a problem with unlicensed copying of Hollywood films. Adaptations … Continue reading Copyright Infringement: Bollywood V. Hollywood

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Case Analysis: P. Sundaram v. Asia Match Company

26th November, 2021 - 5:32 am Categories: Copyright Copyright Infringement Legal Issues Trademark Trademark Litigation

This interim order on the issue of whether the respondent, based on the location of their branch office, can maintain the present suit within the territorial jurisdiction of the present Court, i.e., a question on the issue of the jurisdiction of the commercial division. The case originally was filed by Respondents in this case who … Continue reading Case Analysis: P. Sundaram v. Asia Match Company

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Infringement Of Copyright Is A Bailable Offence Vis-À-Vis Section 63 Of The Copyright Act, 1957

21st May, 2020 - 4:04 am Categories: Copyright Infringement

In “State Govt. of NCT of Delhi vs. Naresh Kumar Garg” [1], the Hon’ble High Court of Delhi threw light upon the question as to whether the offence punishable under Section 63 of the Copyright Act, 1957 is bailable or non-bailable. State Govt. of NCT of Delhi vs. Naresh Kumar Garg Parties & Brief Facts: … Continue reading Infringement Of Copyright Is A Bailable Offence Vis-À-Vis Section 63 Of The Copyright Act, 1957

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Physical Copy Doctrine versus the “Substantiality” Dictum

12th February, 2020 - 3:40 am Categories: Copyright Infringement

When it comes to the issue of copyright infringement of cinematograph films, there exist two schools of thought. One school believes that as far as cinematograph films are concerned, Section 14(1)(d) of the Copyright Act only protects the exact carbon copy of the work and not the contents in it. They argue that in lieu … Continue reading Physical Copy Doctrine versus the “Substantiality” Dictum

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Khurana & Khurana Opens Jalandhar (Punjab) Office

11th May, 2019 - 11:55 am Categories: Copyright Copyright Infringement Copyright Litigation Corporate Law Fashion Law Intellectual Property IP Commercialization IP Licensing IP Litigation Licensing Media & Entertainment Law NCLT Patent Filing patent infringement Patent Litigation Patent Opposition Patents Trademark Trademark Litigation

Khurana & Khurana, Advocates and IP Attorneys (K&K) along with its IP Asset Management Practice, IIPRD, are happy to announce that they are expanding to Punjab and opening up their new branch Office in Jalandhar, w.e.f *insert date*, in wake of its growing Intellectual Property (IP) and Commercial Litigation Practice, and with an intent to … Continue reading Khurana & Khurana Opens Jalandhar (Punjab) Office

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Parody: Fair Use or Infringement?

19th November, 2018 - 4:11 am Categories: Copyright Infringement

Parody is an imitation of someone else’s work with a view to ridicule or criticize such work. Since parody is an imitation, does it amount to copyright infringement of the owner’s original work? How do laws protect the right of copyright owner along with the parodists? It is a general principle that no copyright lies … Continue reading Parody: Fair Use or Infringement?

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Interplay of section 51 and 52 of the Copyright Act, 1962: Delhi High Court judgement

3rd October, 2016 - 8:00 am Categories: Copyright Copyright Infringement Copyright Litigation India

This article enunciates the recent, much awaited, and landmark judgment delivered on September 16, 2016 by Hon’ble Delhi High Court throwing light on the important provisions of the Copyright Act, 1962. This case tries to draw the line between the rights of the author, publishers of the work and competing rights of society. The case … Continue reading Interplay of section 51 and 52 of the Copyright Act, 1962: Delhi High Court judgement

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Trademark/ Copyright and Patents Suits/ Civil Proceedings: Why Non-uniformity in Jurisdictions Available to Plaintiffs?

17th June, 2016 - 12:20 pm Categories: Copyright Copyright Infringement India News & Updates Patents Trademark

Section 62 of the Copyright Act, 1957, Section 134 of the Trademark Act, 1999, Section 104 of the Patents Act, 1970 and section 20 of Code of Civil Procedure (CPC), 1908 govern the applicable jurisdiction to file suits/ civil proceedings in case of Copyright, Trademark and Patent disputes. These sections have been reproduced below: For … Continue reading Trademark/ Copyright and Patents Suits/ Civil Proceedings: Why Non-uniformity in Jurisdictions Available to Plaintiffs?

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