Topic

copyright law

Copyright law in India protects creators' rights over original works. This page provides latest judgments, case analysis and updates from Indian courts on copyright law.

9 articlesLatest 0 month ago
Hotel Must Obtain Own Copyright Licence for Guest-Room Music Broadcasts | Cable Operator Licence Insufficient under Sec 2(ff) Copyright Act 1957 : Calcutta HC
Case Law Analysis
|Calcutta High Court

Hotel Must Obtain Own Copyright Licence for Guest-Room Music Broadcasts | Cable Operator Licence Insufficient under Sec 2(ff) Copyright Act 1957 : Calcutta HC

The Calcutta High Court issued a permanent injunction, holding that hotels must secure their own copyright licence to broadcast music in guest-room cable systems. Payment of cable subscription fees does not satisfy the statutory licence requirement, exposing hotels and operators to infringement liability.

Copyright Protection for Trade Dress Survives Trademark Refusal | Slavish Reproduction of Artistic Label Constitutes Infringement : Bombay HC
Case Law Analysis
|Bombay High Court

Copyright Protection for Trade Dress Survives Trademark Refusal | Slavish Reproduction of Artistic Label Constitutes Infringement : Bombay HC

The Bombay High Court ruled that even when a trademark application is refused, the slavish copying of an original artistic label design triggers copyright infringement and passing off claims. This affirms that visual trade dress with creative expression is independently protected under copyright law, empowering brand owners to combat imitation regardless of trademark status.

Transborder Reputation Requires Local Market Presence | Bombay HC Rejects Passing Off Claim Based Solely on Website Access & Overseas Sales : Bombay HC
Case Law Analysis
|Bombay High Court

Transborder Reputation Requires Local Market Presence | Bombay HC Rejects Passing Off Claim Based Solely on Website Access & Overseas Sales : Bombay HC

The Bombay High Court held that mere website accessibility and overseas sales to Indian customers do not establish transborder reputation for trademark passing off claims, reinforcing that local market recognition is essential. However, interim relief was granted on copyright infringement grounds due to unauthorized use of distinctive logos, clarifying that IP rights can be enforced separately even when reputation claims fail.

Article 23, Indian Stamp Act | Registered Copyright Assignment Deeds Under Copyright Act, 1957 Exempt from Stamp Duty; 'Entry' Requirement Deemed Obsolete : Calcutta HC
Case Law Analysis
|Calcutta High Court

Article 23, Indian Stamp Act | Registered Copyright Assignment Deeds Under Copyright Act, 1957 Exempt from Stamp Duty; 'Entry' Requirement Deemed Obsolete : Calcutta HC

The Calcutta High Court has ruled that a duly registered deed of copyright assignment under the Copyright Act, 1957 qualifies for stamp duty exemption under Article 23 of the Indian Stamp Act, 1899, rejecting the demand for formal 'entry' as an outdated procedural hurdle. This clarifies the rights of IP assignees and eliminates a major compliance burden for copyright transactions across India.

Order VII Rule 11 CPC | Plaint Rejection Barred If Material Facts Disclose Passing Off Cause of Action : Delhi HC
Case Law Analysis
|Delhi High Court

Order VII Rule 11 CPC | Plaint Rejection Barred If Material Facts Disclose Passing Off Cause of Action : Delhi HC

Delhi High Court rules that a plaint cannot be rejected under Order VII Rule 11(a) CPC if it discloses material facts establishing a passing off cause of action, even if trademark ownership is disputed. The judgment underscores that threshold rejection is unwarranted where allegations of deceptive packaging, continuous trademark use, and goodwill are pleaded.

Clean Hands Doctrine | Suppression of Copyright Assignment Deed Bars Equitable Relief : Bombay HC Imposes ₹10 Lakh Costs
Case Law Analysis
|Bombay High Court

Clean Hands Doctrine | Suppression of Copyright Assignment Deed Bars Equitable Relief : Bombay HC Imposes ₹10 Lakh Costs

Bombay High Court dismisses a copyright infringement suit after finding the plaintiff concealed a prior assignment deed and MoU, violating the clean hands doctrine. The court imposed ₹10 lakh in costs, reinforcing that litigants cannot seek equitable relief while deliberately suppressing material documents that undermine their legal standing.