Tag: copyright

The Ownership Conundrum of Cinematograph Films – the Copyright Suit of ‘Nayak’

Introduction A cinematograph film is a creation of different sets of individuals, including singers, dancers, lyricists, composers, scriptwriters, actors, directors, and others contributing to its making. Ideally, the ownership of the copyright of such a film vests with the producer. But does that deprive the contributors of the underlying works of their rights absolutely? This … Continue reading The Ownership Conundrum of Cinematograph Films – the Copyright Suit of ‘Nayak’

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Considerations in Dynamic Injunctions: Towards a proportional approach

Introduction In the past, site-blocking has been thought to work by enabling rights holders to get internet service providers (ISPs) to restrict domestic access to websites that are known to house or disseminate copious quantities of illegal or infringing content. The reality of online behaviour, however, is that when infringing sites are banned or taken … Continue reading Considerations in Dynamic Injunctions: Towards a proportional approach

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Trademark Infringement in Online Markets: Comparative Analysis and Legal Frameworks – Part I

Abstract Online trademark infringement and counterfeiting is a growing problem for luxury brands. In recent years, trademark owners have taken aim at the operators of online marketplaces and auction websites, asserting that these defendants are liable for contributory infringement due to sales of counterfeit goods on their sites. In addressing the scope of secondary liability … Continue reading Trademark Infringement in Online Markets: Comparative Analysis and Legal Frameworks – Part I

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Copyright Law’s Worst Nightmare : Pervasive File Sharing Frenzy By Instant Messaging Services Like Telegram

Introduction Piracy refers to the unlicensed duplication, distribution, and sale of copyrighted works.[i] A rise in online video piracy can be attributed to fans’ insatiable need to illegally obtain whole episodes of popular web series and movies. As a result of the massive interest in this type of free content, many different methods have emerged … Continue reading Copyright Law’s Worst Nightmare : Pervasive File Sharing Frenzy By Instant Messaging Services Like Telegram

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IPRS Ltd. v. Rajasthan Patrika Pvt. Ltd. and IPRS Ltd. v. Music Broadcast Ltd.: An Analysis

Introduction On April 28, 2023, the High Court of Judicature in Bombay passed a landmark judgment on the rights of lyricists and composers in India, in the case of Indian Performing Right Society Ltd. v. Rajasthan Patrika Pvt. Ltd. and Indian Performing Rights Society Ltd. v. Music Broadcast Ltd. [1](2023.)Through this judgment, the Hon’ble Court … Continue reading IPRS Ltd. v. Rajasthan Patrika Pvt. Ltd. and IPRS Ltd. v. Music Broadcast Ltd.: An Analysis

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Delhi High Court Rejects The Prayer Of Ad Interim Injunction Restraining The Use Of The Song ‘Jalsa’ In The Film ‘Mission Raniganj’

Introduction ‘MISSION RANIGANJ’ is an upcoming Hindi movie that is directed by Tinu Suresh Desai which is set to be released on6th October, 2023. The movie is based on based on the Raniganj Coalfields collapse of 1989, in West Bengal. The Plaintiff, Saga Music Private Limited filed a suit against the Defendants seeking an injunction … Continue reading Delhi High Court Rejects The Prayer Of Ad Interim Injunction Restraining The Use Of The Song ‘Jalsa’ In The Film ‘Mission Raniganj’

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Live-Streaming Live Performances – Can It Land You in Hot Waters?

Introduction With the advent of modern live streaming technology, anyone can access this technology and live-stream any event, from any place, at any time. However, it is one thing to live-stream one’s own content and another when someone else’s performance is live-streamed by someone in the audience. Irrespective of the performance being paid, or a … Continue reading Live-Streaming Live Performances – Can It Land You in Hot Waters?

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Eminent Wipo Conventions, Treaties, Agreements

INTRODUCTION: “The World Intellectual Property Organization (WIPO) is the global forum for intellectual property (IP) services, policy, information and cooperation.” It was established in the year 1967 and is headquartered in Geneva hosting 193 Member states. Its objective is to create an efficient & globally balanced framework that encourages creativity & innovation. The two significant branches of … Continue reading Eminent Wipo Conventions, Treaties, Agreements

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Bombay High Court Allows Release Of The Film “I Love You” Pending Reply By The Defendants

“I love you” is a Hindi movie that is directed by Nikhil Mahajan which is set to be released on 16 June, 2023 on Viacom 18’s OTT platform. The plaintiff, Lions Gate India LLP through their counsel filed an interim application no. 15729 of 2023 in Commercial IP Suit no. 15713 of 2023 seeking an … Continue reading Bombay High Court Allows Release Of The Film “I Love You” Pending Reply By The Defendants

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LT Foods Limited v. Saraswati Trading Company [2022 SCC OnLine Del 3694]

LT Foods, a leading food manufacturing and processing company known for its rice products, including for its popular brands Daawat, Daawat Devaya, Daawat Bestow and Chef’s Secret, filed a suit against the Defendant, Saraswati Trading Company, for trademark infringement. In August 2021, the Plaintiff discovered the Defendant’s activities of selling, storing, and distributing counterfeit “Daawat” … Continue reading LT Foods Limited v. Saraswati Trading Company [2022 SCC OnLine Del 3694]

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