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Broadcast of copyright work – De minimis infringement and use for review


25th March

The Delhi High Court has held that an assignee of copyrights is not required to implead original owner and therefore the suit cannot be dismissed for non-compliance of Section 61 of the Copyright Act which provides that the licensee is required to implead the owner of the copyright as a defendant.

It observed that, in view of the...

Use of mark ‘The TICER’ replicating mark ‘TIGER’ is a case of “chunking”


19th February

In a suit for permanent injunction restraining infringement of trademark, copyright, design and passing off and for ancillary reliefs, the Delhi High Court has held that use of the mark ‘The TICER’ by the defendant as opposed to ‘TIGER’ of the plaintiff is a case of ‘chunking’ or ‘word superiority ef...

Design infringement – Prior publication and mere trade variation, fatal


1st March

The Division Bench of the Delhi High Court has upheld the interim decision of the single Judge in a case where defendant had alleged prior publication of the plaintiff’s design based on web-shots from Wayback machine, containing internet archive of the web pages.

The High Court in this regard observed that the plea that thes...

Trademark - No exclusive meaning to term ‘BOOKMY’


21st February

The Delhi High Court has held that word ‘BOOKMY’ has not attained exclusive meaning with respect to the plaintiff’s ‘BookmyShow’, and that the term BOOK MY is descriptive and part of the common English parlance.

It also observed that the link with booking for shows, events, films, etc., is but obv...

Copyright suit by owner who is not a copyright society, maintainable


18th February

In a case involving copyright in sound recording, the Delhi High Court has held that an individual owner, despite having granted license to copyright society, can further grant licenses with respect to copyright works owned by him, and sue the infringer.

Interpreting the  latter part of the first Proviso to Section 33(1) ...

Trademark - Honest use of competitor’s mark for comparison allowed


21st January 

The Delhi High Court has held that failure to point out competitor’s advantage is not necessarily dishonest and that primary objective of Trademarks Sections 29(8) and 30(1) is to allow comparative advertising as long as the use is honest.

The Court dismissed a suit for permanent injunction against advertisement dep...

No summary adjudication of suit requiring expert evidence, at injunction stage


11th January

Setting aside a High Court Division Bench Order, the Supreme Court has remanded a suit back to the Single Judge in a dispute involving alleged infringement of patented technology by use of seeds/hybrid seeds bearing the patented technology.

The Court in this regard observed that defendants counter claim was never considered by ...

Composite suit of Infringement of design and passing off, permissible


20th December 2018

Five Judges Bench of the Delhi High Court has allowed a composite suit for infringement of registered design and passing-off. It noted that if there is a common question of law and facts, the joinder of causes of action can take place under Order II Rule 3 of the CPC to avoid multiplicity
.
The Court in the case of 

Counterfeit goods – E-commerce website when not merely an intermediary


12th December 2018

Observing that the website guaranteed that ‘all products are 100% genuine’ and that it was not taking precautions to stop sale of counterfeits, while having a separate category for ‘replicas’, Delhi High Court has held that Shopclues.com is not merely an intermediary.

Benefit of Section 79 of the I...

Cause of action under Designs Act distinct from that in a trademark suit


6th December 2018

Delhi High Court has held that in a case where an infringement suit has already been filed under the Designs Act, there is no need to obtain the leave of the court to introduce a separate proceeding in the case of passing-off of trademark. 

Reliance on Order II Rule 2 CPC in this regard was rejected by the court. Plea...

Registrar of Trademarks should classify Indian Goods & Services


15th November 2018

Considering enormity of litigations touching upon trademark infringement, Madras High Court has stated that it is high time that the Registrar of Trademark publishes alphabetical index as per Rule 20(2) of the Trademark Rules with class wise classification of the goods and services including that of the Indian origin.

The...

IPAB can hear copyright matter in absence of Member Copyright


8th October

The Delhi High Court has held that though it may be apposite for the government to appoint Member Technical (Copyright), a vacancy in this regard does not impinges upon jurisdiction of the Intellectual Property Appellate Board (IPAB) constituted under Section 83 of the Trade Marks Act.

Setting aside the Order passed by Registrar...

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