This running post provides a summary of the latest Copyright cases decided by courts in India in 2022:
Samir Kasal v. Prashant Mehta & Ors.
The Plaintiff conceptualized a cricket league format titled ‘Legends Premier League’ wherein famous retired cricket players would play a Test format of cricket. The details about the same were provided to Defendant No. 2 in a strictly confidential manner. However, the Defendants decided to organize ‘Legends League Cricket’ without the Plaintiff’s consent which led him to…
Novex Communications v. DXC Technologies & Anr.
Decided by: Madras High Court
Decided on: 08.12.2021
Facts of the Case
The Plaintiff was involved in a business of protecting the copyright for sound recordings – in the capacity of an assignee, or an agent of the copyright holders. In order to do so, the Plaintiff had entered into various agreements with the holders of the copyrights, and had obtained several rights related to the sound recordings – in particular, the rights for the…
Walmart Apollo Llc vs Aayush Jain & Anr
In this case, the Plaintiff owns a registered trademark for WALMART / WAL-MART. The Defendant applied for WMART and allegedly used since April, 2019. The Plaintiff filed an infringement suit against the Defendant, who was using 'WMart' and www.wmartretail.com. The Plaintiff prayed for an injunction during the pendency of the suit, which the Court granted until the next date of hearing.
Citation: Walmart Apollo Llc vs Aayush Jain & Anr, Decided by Delhi…
Pidilite Industries Limited v. Platinum Waltech Limited
The Plaintiff filed this suit against the Defendant seeking relief in trade mark, copyright and designs combined with causes of action in passing off in each. The Plaintiff was a well-known manufacturer of products relating to the construction and paint industry and had a worldwide presence since 1969. The Plaintiff had several trademarks related to its products which included the DR FIXIT mark with a distinctive device of a man wearing a yellow…
This is a rundown of last week's news updates on eCommerce & Licensing:
Rummy & Poker now declared as games of skill.
In a huge win for gaming companies offering online card games, the Madras High Court stated that Rummy and Poker are games of skills. Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy presided over the case of Junglee Games India Pvt. Limited and Rahul Nandkumar Bharadwaj Vs. The State of Tamil Nadu and Ors. (W.P. No. 18022 of 2020)…
Sun Pharmaceutical Industries Limited vs Cipla Limited
In this case, the Respondent/Plaintiff filed a suit for a permanent injunction before the Madras High Court against the Applicant/Defendant for infringement of its copyright and trademark. The Court herein, granted an interim injunction in favour of the Respondent/Plaintiff. Henceforth, the Applicant/Defendant filed three applications with a plea to vacate the interim relief granted on grounds of urgency. The plea was based on the fact that the drugs were of a huge amount,…
“Continued decrease in patent stats, Interesting Patents on eyewear, payments and lipsticks, Madras High Court upholds FIR against patent officials; BlackBerry sues Facebook, WhatsApp and Instagram for patent infringement, USPTO to disclose new design for patent certificate, Huawei tops patent filing list in 2017 at EPO, Patent Tip of the Week and other Weekly Patent News,” presented by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm.
Patent Quote of the Week
“It is never about how…
Google and its subsidiary YouTube were caught in a crossfire in India when Lebara Foundation a non-profit philanthropic institution supporting communities to address the welfare of vulnerable and displaced children, filed a defamation suit over an allegedly defamatory video posted by an uploader named Marupakkam Seithigal on YouTube. A Single bench (Justice MM Sundresh,) of the Madras High Court allowed Lebara’s applications seeking the IP address of those responsible for uploading a ‘defamatory’ video. The court said “If a person…
Cadila Healthcare is not only a popular name in the pharma industry but also in trademark circle. The people in the trademark fraternity are well aware about the landmark judgment involving Cadila Healthcare, which established the criteria for trade mark passing off action.
Last week, the Madras High Court passed an order, i.e. a permanent injunction against Cadila Healthcare, refraining the company from using any similar trademark, as that of "VENIZ " which belongs to Sun Pharmaceuticals.
Sun Pharmaceuticals had adopted the…