| Case ID |
1bad44ab-43d8-4647-9272-5e29d987a122 |
| Body |
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| Case Number |
Suit No. 1604 of 2013 |
| Decision Date |
Mar 30, 2017 |
| Hearing Date |
|
| Decision |
The Sindh High Court ruled in favor of the defendants, issuing a restraining order against the plaintiffs from using or displaying specific taglines and materials that were created by the defendants. The court found that while the plaintiffs had physical possession of the works, they did not hold the copyright, as the works were produced under an agreement where the defendants retained intellectual property rights. The court emphasized the importance of copyright ownership and the conditions under which it can be transferred, ultimately denying the plaintiffs' claims to use the contested materials in their advertising. |
| Summary |
In the case of Sindh High Court Suit No. 1604 of 2013, the court addressed a dispute concerning copyright ownership and the use of advertising taglines. The plaintiffs, who were manufacturers of home appliances, claimed ownership over taglines used in their marketing, while the defendants, an advertising agency, sought restraining orders against the plaintiffs from using these taglines. The court, presided over by Justice Zulfiqar Ahmad Khan, examined the Copyrights Ordinance, 1962, particularly Section 13, which outlines the ownership of copyright. The ruling established that the plaintiffs did not own the copyright for the materials in question, as the works were created under an agreement that did not transfer ownership of copyright to the plaintiffs. The court's decision reinforced the significance of contractual agreements in determining copyright ownership, emphasizing that without explicit provisions for copyright transfer, ownership remains with the creator. This case highlights the complexities of copyright law in advertising and the implications of service agreements on intellectual property rights. |
| Court |
Sindh High Court
|
| Entities Involved |
|
| Judges |
ZULFIQAR AHMAD KHAN
|
| Lawyers |
Ali Aziz,
Muhammad Jaffer Raza
|
| Petitioners |
ADMIN AND ANOTHER
|
| Respondents |
GFORCE COMMUNICATIONS THROUGH OWNER AND 2 OTHERS
|
| Citations |
2018 SLD 734,
2018 CLD 514
|
| Other Citations |
Atiqa Odho v. R. Lintas (Pvt.) Ltd. PLD 1997 Kar. 57,
2000 CLC 872,
Shakeel Adilzadeh v. Pakistan Television Corporation Ltd. 1989 CLC 2447
|
| Laws Involved |
Copyrights Ordinance, 1962,
Specific Relief Act, 1877,
Civil Procedure Code (V of 1908)
|
| Sections |
13,
42,
56,
1,
2
|