ISSUE:
Whether there are similarities between the two contended marks and do they create confusion
Whether the Defendant's mark violates the copyright of the Plaintiff?
Whether there was a misuse of confidential information or not?
RULE:
The Principle of Confidentiality, ensued in Article 21 of the Constitution under the Right to Privacy, and under the Information Technology Act 2000, states that when information is disclosed to a third party or used without the data owner's permission, he is entitled to take legal action on the account of loss or damage incurred as a result of the same.
Section 51 and Section 13 of the Copyright Act 1957 also state that an idea is not protected by a copyright, it only becomes a copyright when the idea is embodied in a tangible form.