This is Harish Khan, Enrolled as an Advocate with the Bar Council of Delhi. Currently, working as Legal Manager at Blackbull Law House. Pursued B.B.A. LL.B (Hons) Specialised in Business Laws from Hi
In R.G. Anand v. M/S. Delux Films & Ors., the Supreme Court of India clarified that copyright protection extends to the expression of an idea, not the idea itself. The case revolved around the alleged infringement of the play Hum Hindustani by the film New Delhi. The Court ruled that since the simil
The doctrine of frustration in contract law discharges parties from their obligations when unforeseen events make performance impossible or fundamentally different from what was agreed upon. Under Section 56 of the Indian Contract Act, 1872, frustration occurs when supervening events beyond the cont
In the case Starbucks Coffee v. Sardarbuksh Coffee & Co., the Delhi High Court ruled that Sardarbuksh’s brand name and logo were deceptively similar to Starbucks, causing potential confusion among consumers. The Court ordered Sardarbuksh to rebrand as “Sardarji-Bakhsh Coffee & Co.” due to the phonet
In The Coca-Cola Company v. Bisleri International Pvt. Ltd., the Delhi High Court ruled that Bisleri International had no legal grounds to continue using the Maaza trademark after assigning the rights to Coca-Cola in 1993. The court upheld the validity of the assignment deed, affirming Coca-Cola’s e
In DC Comics v. Mark Towle, the Ninth Circuit ruled that the Batmobile, as a distinctive and recognizable character associated with Batman, is eligible for copyright protection. Despite design changes over time, the Batmobile maintained consistent traits such as bat-like features and high-tech eleme
The Calcutta High Court, in Shree Venkatesh Films Pvt. Ltd v. Vipul Amrutlal Shah & Ors (2009), addressed copyright infringement concerning the Bengali film “Poran Jaye Joliya Rae” and the Hindi film “Namastey London.” The court found substantial similarity between the two films, determining that th
In The Chancellor, Masters & Scholars of the University of Oxford & Ors. v. Rameshwari Photocopy Services & Anr., the Delhi High Court ruled that reproducing copyrighted material for educational purposes, including creating course packs, does not constitute copyright infringement under Section 52(1)
The Delhi High Court in Ratna Sagar Private Limited v. Trisea Publications held that copyright protection extends to the originality in the presentation and expression of material, not just the underlying ideas or concepts. The court found substantial similarities between Ratna Sagar’s “LIVING SCIEN
In Najma Heptulla v. M/s. Orient Longman Ltd., the Delhi High Court ruled that both Maulana Azad and Prof. Kabir were joint authors of the book “India Wins Freedom” due to their intellectual collaboration. The court emphasized that authorship in copyright law involves both the provision of ideas and
In Star India Pvt. Ltd. v. Piyush Agarwal & Ors., the Delhi High Court addressed the conflict between proprietary commercial rights and constitutional freedoms. The court ruled that while factual information cannot be copyrighted, exclusive rights to monetize real-time cricket match updates can be e
The case Akuate Internet Services Pvt. Ltd. v. Star India Pvt. Ltd. addressed the limits of copyright and the “Hot News” doctrine in India. The Delhi High Court ruled that Star India Pvt. Ltd.’s claims to exclusive rights over live match updates were invalid, as factual information cannot be copyrig
In copyright law, “ownership” and “authorship” are crucial for determining who holds rights to a creative work. Ownership of copyright is distinct from owning the physical object embodying the work. Copyright belongs to the person who expresses an idea in a tangible form, not the originator of the i
In Donoghue v. Allied Newspapers Ltd. (1937), the UK High Court ruled that Steve Donoghue, who provided ideas and stories, did not own the copyright in articles written by journalist Mr. Felstead. The court held that copyright protection applies to the specific form of expression, not to the underly
In the case of Hawkins Cookers Ltd. v. Magicook Appliances Co. (2002), the Delhi High Court ruled in favor of Hawkins, affirming copyright infringement and passing off. The court found that Magicook’s labels and cookbooks were deceptively similar to Hawkins’ registered artistic works, leading to con
Copyright is a critical legal concept for protecting intellectual property. As defined by Black’s Law Dictionary, it is a right in literary property sanctioned by law, granting authors exclusive rights to reproduce, publish, and sell their work. Similarly, the Oxford Dictionary emphasizes copyright
In the 1991 case Apple Computer, Inc. v. Microsoft Corporation & Hewlett-Packard Company, Apple sued Microsoft and HP, alleging that their software infringed on Apple’s copyright-protected graphical user interface (GUI) from the Macintosh. The court ruled that while the 1985 Agreement between Apple
The Foreign Exchange Management Act (FEMA), enacted in 1999, replaced the Foreign Exchange Regulation Act (FERA) to streamline and liberalize foreign exchange regulations in India. FEMA facilitates external trade and payments, promoting the orderly development of the foreign exchange market. It gran
In Rajahmundry Electric Supply Corporation Ltd. v. A. Nageshwara Rao, the Supreme Court of India emphasized that the “just and equitable” clause in the Companies Act should be broadly interpreted to address gross mismanagement by directors. The Court upheld the winding-up order, maintaining that the
In The case of Kotla Venkataswamy v. Chinta Ramamurthy, the court emphasized that the Articles of Association must be strictly followed for the execution of documents. The court also invoked the principle of constructive notice, which implies that anyone dealing with a company is presumed to have kn
In a company, directors can be categorized into executive and non-executive directors. Executive directors are actively involved in daily operations and decision-making, often holding key managerial roles. Non-executive directors, while not involved in day-to-day operations, provide oversight, strat
In **The Associated Rubber Industry Ltd. v. Workmen**, the Supreme Court of India dealt with the principle of lifting the corporate veil. The court found that the corporate entity was used as a facade to evade legal obligations, particularly regarding employee compensation. This decision emphasized
Sec 2(10) of the Companies Act, 2013 defines the term Board of Directors in relation to a company as the collective body of the directors of the company. Board of directors have power to contribute towards charitable, political or national defence fund but cannot act beyond the AoA or MoA.
Winding up a company under the Companies Act, 2013, is the process through which a company’s legal existence is brought to an end. This involves selling off the company’s assets to pay its liabilities and distributing any remaining assets to shareholders.
Explore the nuanced realm of the doctrine of constructive notice, where legal diligence and the presumption of knowledge converge. This principle compels individuals to investigate public records, ensuring they cannot claim ignorance of laws that shape property and corporate transactions. Dive into