Category: Copyright Infringement

The Evolving Culture of Cosplay and Copyright Infringement- An Analytical Overview

Introduction Bringing the “Costume Play” (cosplay) culture under the copyright regime is not a new issue in the field of IPR. On one hand, the owners or creators are getting free publicity for their characters across the world, while, on the other hand, they are skeptical about the commercial profit earned by the cosplayer. This … Continue reading The Evolving Culture of Cosplay and Copyright Infringement- An Analytical Overview

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Masakali 2.0 And Many More…: Copyright Infringement In Indian Film Industry Continues

The current trend of recreating songs and movies in Indian film industry has brought up a flood of incidents of copyright infringements in India. The most recent incident being the release of Masakali 2.0, song which has been recreated and composed by Tanishq Bagchi without the consent of its original owners. Its original version, Masakali … Continue reading Masakali 2.0 And Many More…: Copyright Infringement In Indian Film Industry Continues

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Khurana & Khurana Opens Jalandhar (Punjab) Office

Upon successful practicing in the area of Intellectual Property (IP) and Commercial Litigation over the decade, Khurana & Khurana, Advocates and IP Attorneys together with its IP Asset Management Practice, IIPRD, feels immense pleasure to announce the recent opening of its 8th branch in Jalandhar. With years of helping corporates identify, create, protect, promote and … Continue reading Khurana & Khurana Opens Jalandhar (Punjab) Office

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Online Disputes and Forum Jurisdiction

The Delhi high court on 3rd January, 2018 in Impresario Entertainment & Hospitality Pvt. Ltd. vs S&D Hospitality[1], took a different view with respect to the Internet jurisdiction[2]. In the above case, plaintiff sought permanent injunction against the defendants who was running a restaurant at Hyderabad, under the impugned trademarks ‘SOCIAL’ and ‘STONE WATER’ and … Continue reading Online Disputes and Forum Jurisdiction

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Interplay of section 51 and 52 of the Copyright Act, 1962: Delhi High Court judgement

This article enunciates the recent, much awaited, and landmark judgment delivered on September 16, 2016 by Hon’ble Delhi High Court throwing light on the important provisions of the Copyright Act, 1962. This case tries to draw the line between the rights of the author, publishers of the work and competing rights of society. The case … Continue reading Interplay of section 51 and 52 of the Copyright Act, 1962: Delhi High Court judgement

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Movie Titles and their Protection in India

Ms. Shreya Shrivastava, an intern at Khurana & Khurana, Advocates and IP Attorneys looks into the aspect of protection of Movie titles in India along with the parameters to avail the same. “What’s in a name? That which we call a rose by any other name would smell as sweet.” Turns out this quote by … Continue reading Movie Titles and their Protection in India

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Trademark/ Copyright and Patents Suits/ Civil Proceedings: Why Non-uniformity in Jurisdictions Available to Plaintiffs?

Section 62 of the Copyright Act, 1957, Section 134 of the Trademark Act, 1999, Section 104 of the Patents Act, 1970 and section 20 of Code of Civil Procedure (CPC), 1908 govern the applicable jurisdiction to file suits/ civil proceedings in case of Copyright, Trademark and Patent disputes. These sections have been reproduced below: For … Continue reading Trademark/ Copyright and Patents Suits/ Civil Proceedings: Why Non-uniformity in Jurisdictions Available to Plaintiffs?

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Analyzing the Applicable Jurisdiction for Trademark and Copyright Disputes

Years 2015 and 2016 have been very important in terms of what they have offered to bring clarity on the jurisdiction where suits/ civil proceedings related to Trademark and Copyright can be instituted. IIPRD has written one article discussing some of these cases. Intent of the instant article is not to discuss facts of those … Continue reading Analyzing the Applicable Jurisdiction for Trademark and Copyright Disputes

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Online Copyright Infringement and Its liability Upon Intermediary

Copyright is a bundle of rights which is meant to encourage creativity. In ancient days creative persons worked for fame and recognition rather than to earn a living, thus, the question of copyright never arose. In the last four decades modern and advanced means of communication like broadcasting, litho-photography. Television, websites contents etc have made … Continue reading Online Copyright Infringement and Its liability Upon Intermediary

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Criminalizing online sharing of Academic Article by a Columbian Student

Background Diego Gomez is a student perusing post-graduation in Conservation and Wildlife Management in Costa Rica. Like students of developing countries, he also used to face a lack of availability of literature in the libraries and other sources of reading. To face this scarcity of academic databases, Diego, used the power of the internet. It … Continue reading Criminalizing online sharing of Academic Article by a Columbian Student

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