tools on apprehension of infringement did not preclude a finding of knowledge of
infringement. The single Judge held that the DMCA and the Indian Copyright ... constituted "actual knowledge". Here,
MySpace contends that it is on the basis of "general knowledge" of infringement that the
safeguard tools
assuming, arguendo, that they had no knowledge of Microsoft licensing products, knowledge is not an element of copyright infringement. The Courts came heavily upon ... essentially distinguishes the two is the trader's degree of knowledge of infringement. It would be apt to quote the relevant portion from this
knowledge test.
45. As per the Division Bench in MySpace (supra), knowledge could be
actual knowledge and constructive knowledge. Actual knowledge of the
infringement ... functions and supplemented knowledge with the term
"actual knowledge". Given the supplementary nature
of the provisions- one where infringement is defined
and traditional
assuming, arguendo, that they had no knowledge of Microsoft licensing products, knowledge is not an element of copyright infringement. The Courts came heavily upon ... essentially distinguishes the two is the trader's degree of knowledge of infringement. It would be apt to quote the relevant portion from this
free
of cost platform to the users without any actual or direct
knowledge of the content being uploaded and has no role in
selection ... defendants are doing the infringement
with knowledge and also they have a reason to believe that such
acts would amount to infringement of copyright
right owners have to establish that:
o Service providers have actual knowledge of infringement
of copyright through its service.
o They had issued a notice ... knowledge of one or more persons using its service to
infringe copyright.
o It is not essential to prove actual knowledge of a specific
infringement
what is
important is not merely the knowledge of infringing the label but
the knowledge of infringement which was gained only in the third
week ... infringement of copyright but also for infringement of
trademark and even passing off, there is no dispute that later on,
the issues of infringement
product, without obtaining the permission of the plaintiff
company, amounts to an infringement of plaintiffs Patent
rights under the Act. In this case the defendants ... family, i.e., Late Mr.
Ram Lal Agarwal and the knowledge base is the common
heritage of both the plaintiff and the defendants. The plaintiff
COMM) 637/2019 and connected matter Page 43 of 56
knowledge of infringement of the said trade mark by the
defendants as far back ... conflicting interest in or under
the registered trade mark without the knowledge of
assignment or transmission. The defendants herein have
however not acquired any conflicting
Indiamart Intermesh Ltd vs Puma Se on 2 June, 2025
Author: Vibhu Bakhru
Bench: Vibhu
