Copyright Act 1957 Archives

Delhi HC grants permanent injunction in favour Eureka Forbes; restrains trade mark and copyright infringement of Aquaguard’s spare parts

Defendant 3 has taken unfair advantage of the reputation and goodwill of the plaintiff’s trade marks/artistic works and has also deceived the unwary consumers of their association with the plaintiff by dishonestly adopting the plaintiff’s registered marks/labels without any plausible explanation.

Case Briefs High Courts

Delhi HC temporarily restrains Azure Hospitality from playing Phonographic Performance’s copyrighted songs without license in its restaurants/bars

The act of the defendants of playing the sound recordings in their restaurants/bars, for which the plaintiff holds the copyright would, on a prima facie view, amount to infringement of the plaintiff’s copyright in terms of Section 51 of the Copyright Act, 1957.

Case Briefs High Courts

Delhi High Court grants interim protection to Moti Mahal; temporarily restrains its ex-franchisee from using Moti Mahal’s registered trade marks

Plaintiffs submitted that being the ex-franchisee, Defendant 1 was clearly aware of the ownership and notoriety of the ‘MOTI MAHAL’, ‘MOTI MAHAL DELUX TANDOORI TRAIL’, ‘TANDOORI TRAIL’ and their formative marks as well as the goodwill and reputation enjoyed by the plaintiffs related to the said trade marks.

Case Briefs High Courts

Bombay HC quashes circular exempting performance of musical works at wedding from copyright infringement under Copyright Act 1957

The circular dated 30-01-2024 issued by the State of Goa, does much more than just informing the public of the provision of Section 52(1)(za) of the Copyright Act, 1957 and interfered with the enforcement mechanism provided in the Act for exercise or enforcing rights of copyright societies under the Act.

Case Briefs High Courts

Delhi High Court grants interim injunction to Phonographic Performance Limited in a copyright infringement dispute

“Forbearance from granting such relief would enable the defendants to continue exploiting the plaintiff’s copyright, which would result in irreparable prejudice to the plaintiff.”

Case Briefs High Courts

Delhi High Court orders suspension of domain names and blocking of Telegram channels for illegally sharing Apna College study material

“If the defendants are not blocked from disseminating the copyrighted material of the plaintiff, the plaintiff would suffer enormous monetary loss apart from loss of subscribers and of goodwill.”

Case Briefs High Courts

Delhi High Court grants permanent injunction to Microsoft Corporation and awards damages of Rs. 20 lakhs in a 12-year-old copyright infringement suit

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.

Case Briefs High Courts

Delhi High Court grants ex-parte ad-interim injunction to American Eagle against Ektarfa Garments in a trademark and copyright infringement suit

Delhi High Court: In a case where application was filed under Order 39 Rules 1 and 2 read with Section