held that a minor variation cannot be
treated as a shield from piracy, relying on the judgment of the
Supreme Court of Canada in Free ... insubstantial variation,
so as to accuse the Defendant of infringement and piracy.
18. Insofar as the law on the subject is concerned, in my view
which at once leads to the
conclusion that Defendant is guilty of piracy and the surest and safest test
to determine violation of copyright ... coincidences
by themselves cannot lead to an irresistible inference of plagiarism or
piracy. The Supreme Court in R.G. Anand (supra), elucidated the
following principles
Hulm Entertainment Pvt. Ltd. & Ors. vs Fantasy Sports Myfab11 Pvt. Ltd. & Ors. on
once lead to a conclusion that
Defendant is guilty of act of piracy.
CONTENTIONS ON BEHALF OF THE DEFENDANT
34. Defendant is a private limited ... coincidences by
themselves cannot lead to an irresistible inference of
plagiarism or piracy. Take for instance the great poet and
dramatist Shakespeare most of whose
held that a minor variation cannot
be treated as a shield from piracy. The Court relied on the
judgment of the Supreme Court of Canada ... held that a minor
variation cannot be treated as a shield from piracy, in the following
words:
"12. We have, therefore, to read
exists some association between them. The unauthorized im itation,
identical reproduction and piracy of the registered design of the Plaintiff by
Defendant
This
model was set-up and agreed upon, in part, with anti-piracy action in mind
so that the Plaintiff could continue to enforce ... series that is
produced in the future, to secure an injunction against piracy.
xxx xxx xxx
19. As innovation in technology continues, remedies
series that is produced in the future, to secure an injunction
against piracy.
xxx xxx xxx
19. As innovation in technology continues, remedies ... issue of rogue mobile apps engaged in piracy of copyrighted
content is posing a recurring threat and there is no gainsaying that piracy
must
series that is produced in the future, to secure an injunction against
piracy.
CS(COMM) 89/2026 Page 8 of 13
This is a digitally ... seek clarification."
31. The issue of rogue mobile apps engaged in piracy of copyrighted
content is posing a recurring threat and there
series that is
produced in the future, to secure an injunction against piracy.
xxx xxx xxx
19. As innovation in technology continues, remedies ... seek clarification."
26. The issue of rogue websites engaged in piracy of copyrighted content
is posing a recurring threat and there is no gainsaying
