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Search Results for "IPRS"

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High Court

Bombay High Court Disposes of Cross Arbitration Petitions Challenging Copyright Royalty Award. License Fee and Infringement Claims Under Copyright Act, 1957 and Section 34 of Arbitration Act Evaluated.

31 Aug 2016

The Indian Performing Right Society Ltd. (IPRS), a copyright society registered under Section 33 of the Copyright Act, 1957, and Entertainment Network...

Supreme Court

Supreme Court Quashes High Court's Interim Order Modifying Copyright Rules in Statutory License Dispute - Interim Order That Altered Prior Notice Requirement Under Rule 29(4) of Copyright Rules 2013 Set Aside as Impermissible Judicial Rewriting of Statutory Provisions.

27 Sep 2021

The appeals arose from an interim order dated 2 August 2021 by a Division Bench of the High Court of Judicature at Madras in writ petitions challengin...

High Court

High Court of Bombay Upholds Maintainability of Suit on Valuation for Court Fee and Jurisdiction in Patent Ownership Dispute. Suit Valuation at Plaintiff's Discretion Under Sections 8 and 9 Bombay Court Fees Act, 1959, Cannot Be Overruled Absent Evidence of Incorrect Valuation.

20 Mar 2012

The suit was filed by Jer Rutton Kavasmaneck and another against Gharda Chemicals Ltd. and others seeking declarations, injunctions, and accounts rega...

High Court

Bombay High Court Dismisses Interim Injunction Applications in Trademark Infringement and Passing Off Suits — No Prima Facie Case for Confusion Between 'Manugraph' and 'Simarq' or 'Ezeego' and 'La Travenues'. The court held that the marks are not deceptively similar and the goods/services are different, thus no interim relief is warranted under the Trade Marks Act, 1999.

15 Jun 2016

The judgment involves two suits for trademark infringement and passing off. In Suit No. 516 of 2013, the plaintiff Manugraph India Limited sought to r...

High Court

High Court of Karnataka Allows Appeal Against Rejection of Suit in Copyright Infringement Case — Suit Not Barred by Section 60 of Copyright Act, 1957 as Plaintiff Sought Declaration of Non-Infringement and Injunction Against Threats. Section 60 provides an additional remedy and does not oust civil court jurisdiction; plaint cannot be rejected at threshold under Order VII Rule 11(d) CPC.

27 Sep 2023

The appellant, M/s Chancery Pavilion, represented by its owner M/s Elixir Enterprises Hotels (P) Ltd., filed a Regular First Appeal under Section 96 r...

High Court

Bombay High Court Quashes VAT Assessment Order for FY 2013-14 Against Luxembourg-Based Companies Due to Gross Violation of Natural Justice and Backdating of Order. Assessment order found to be pre-dated and based on no notice or hearing, rendering it null and void.

17 Oct 2024

The petitioners, comprising two Luxembourg-based companies (Petitioners 1 and 2) and their Indian group company (Petitioner 3), challenged an assessme...

High Court

Bombay High Court Adjudicates Interim Application by Writers of Original Film Against Remake Film Producers Alleging Copyright Infringement of Literary Works. Writers Claim Exclusive Copyright in Story, Screenplay and Dialogues of 1973 Film 'Zanjeer' and Seek Injunction Against Unauthorized Remake in Hindi and Telugu Under Sections 18 and 19 of Copyright Act, 1957.

2 Sep 2013

The matter arises from a copyright dispute over the iconic Hindi film 'Zanjeer' (1973). Plaintiffs Salim Khan and Javed Akhtar, acclaimed writers, cla...

High Court

Bombay High Court Declares Assignment of Assets by Ex-Director Void Under Sections 536(2) and 537(1)(b) of Companies Act, 1956 — Post-Winding Up Sale Without Court Leave Invalid. The court held that any disposition of company property after winding up without court approval is void, and subrogation does not permit sale of assets without leave of the court.

21 Oct 2015

The judgment concerns two reports filed by the Official Liquidator seeking a declaration that a Deed of Assignment dated 14.03.2012 executed by Mr. Sh...

High Court

Bombay High Court Holds that Copyright Society Cannot Demand Royalty for Sound Recording Broadcasts from FM Radio Stations. Sound Recording Copyright Prevails Over Underlying Works Once Incorporated, Thus IPRS Not Entitled to Licence Fee for Broadcasts.

25 Jul 2011

Background: The dispute involved the right of a copyright society (IPRS) to demand royalties from an FM radio broadcaster for broadcasting sound recor...

High Court

Bombay High Court Grants Declaration in Favor of FM Broadcaster Against Copyright Society. Court Rules That Defendant Cannot Demand Royalty for Broadcast of Sound Recordings Under Copyright Act, 1957.

25 Jul 2011

The suit was filed by Music Broadcast Private Limited, a company operating FM radio stations across India, against Indian Performing Right Society Lim...

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