Search Indian IP Case Law
Judgments of the Supreme Court and the High Courts on patents, trade marks, copyright, designs and geographical indications — organised by Act and section, each with a link to the judgment on the court’s website.
9 results
· Section 51 · copyright-act-1957
ANI Media Pvt. Ltd. v. Open AI OpCo LLC
An Indian court has jurisdiction if the plaintiff's principal place of business is in India, or if the defendant targets Indian users, even when the defendant's servers are located abroad. Even temporarily storing a copyrighted wo…
Artificial IntelligenceCopyright Fair DealingCopyright InfringementJurisdictionCopyrightMRF Limited v. Metro Tyres Limited
Copyright in a cinematograph film under Section 13(1)(b) of the Copyright Act, 1957 is not defeated by the absence of the kind of originality required for literary or artistic works, and infringement under Section 14(d) is establi…
Cinematograph FilmComparative AdvertisingCopyright InfringementOriginalityCopyrightMy Space Inc. v. Super Cassettes Industries Ltd.
An internet intermediary hosting user-generated content is not liable for copyright infringement merely because its business model derives revenue from such content or because it performs format-shifting or indexing; it forfeits t…
Copyright InfringementDigital PlatformsIntermediary LiabilityOnline InfringementCopyrightOpella Healthcare Group v. Pureca Laboratories Pvt Ltd (Copyright)
A defendant cannot defend a copyright infringement suit on the basis of a registration that has been cancelled by an unchallenged rectification order which found the artistic work to be a copy of the plaintiff's pre-existing get-u…
Artistic WorkColourable ImitationCopyright RectificationLabel DesignCopyrightR.G. Anand v. M/s Delux Films & Ors.
Copyright protects only the particular form of expression of an idea, theme, subject matter or plot, and never the idea itself. Substantial similarity of theme between two works is not infringement if the treatment, incidents and …
Copyright InfringementDramatic WorkIdea-Expression DichotomyOriginalityTrade MarksReliance Industries Limited v. Pawan Kumar Gupta & Ors.
In assessing the likelihood of confusion for interim relief, courts must apply a more stringent standard where the infringing goods are edible products sold through online marketplaces to unsophisticated consumers, since even mino…
Dynamic InjunctionOnline InfringementPassing OffTrade DressCopyrightUniversal City Studios LLC & Ors. v. DotMovies.Baby & Ors.
Where rogue websites persistently pirate copyrighted content and reappear under mirror or alphanumeric-variant domain names, a court may grant a dynamic injunction that extends, without a fresh suit, both to future mirror or redir…
Copyright InfringementDigital PlatformsDynamic InjunctionFilm And OTT ContentCopyrightUTV Software Communications Ltd. & Ors. v. 1337X.to & Ors.
Where a website's predominant purpose is to facilitate copyright infringement on a commercial scale, evidenced by disregard for takedown notices, anonymised registration and the volume of infringing content, courts may declare it …
Copyright InfringementDigital PlatformsDynamic InjunctionOnline InfringementCopyrightYash Raj Films Pvt. Ltd. v. Sri Sai Ganesh Productions & Ors.
The idea-expression dichotomy protects only a generic theme and not its particularised expression; where a subsequent film reproduces the specific sequence of plot events, character arcs and dramatic situations of an earlier film …
Cinematograph FilmCopyright InfringementFilm And OTT ContentIdea-Expression Dichotomy