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Samsonite Corporation Vs. Vijay Sales

Court : Delhi

Subject : Intellectual Property Rights

Acts : Code of Civil Procedure (CPC), 1908 - Order 39, Rules 1, 2 and 4; Designs Act, 1911; Industrial Designs Act, R.S.C. 1970; Copyrights Act, 1957 - Sections 15

Reported in : 73(1998)DLT732

15 of the Copyright Act, 1957. In the Copyright Act, 1956 (England) there is a provision similar to Section 22 of English Copyright Act, 1911. Perhaps the English Parliament thought Section 10 of the Copyright Act, 1956 would … is a three dimensional representation, is an original artistic work within the meaning of Section 2(c) of the Copyright Act, 1957. The said artistic work is subject matter of copyright protection in India by virtue of India's membership to

Zahir Ahmed Vs. Azam Khan

Court : Kolkata

Subject : Criminal

Acts : Trade and Merchandise Marks Act, 1958 - Sections 14, 17, 44, 45, 51, 55, 72, 73, 74, 78 and 79; ;Copyright Act, 1957 - Sections 13, 14, 16, 17, 27, 44, 45, 48, 53A and 63; ;Partnership Act - Section 69; ;Copyright Rules, 1958 - Rules 16, 17 and 27; ;Code of Criminal Procedure (CrPC) , 1974 - Sections 156(3) and 482; ;Indian Penal Code (IPC), 1860 - Sections 156(3), 415, 420 and 511

Reported in : 1996CriLJ290

under Sections 78 and 79 of the Trade and Merchandise Marks Act, 1958 and Section 63 of the Copyright Act, 1957, read with Section 420 of the Indian Penal Code, and had prayed before him (learned Magistrate) for directing … investigation in G.R. Case No. 1000 of 1994, arising out of Section 'K' Calcutta Case No. 255 dated 22-4-1994, for the reasons stated and on the grounds made out therein.2. The Opposite Party No. 1-complainant-Azam Khan (hereinafter

Anwar Mohammad Khan Son of Sri Niyamatullah Khan Vs. Sri Taj Mohammad ...

Court : Allahabad

Subject : Intellectual Property Rights

Acts : Trade and Merchandise Marks Act, 1958 - Sections 9, 11, 12, 19, 27, 28, 29, 31, 71, 78, 79, 105, 106 and 159; Copyright Act, 1957 - Sections 63; Indian Penal Code (IPC) - Sections 420, 485, 486 and 487; Trade Marks Act, 1999 - Sections 18, 19, 21, 22, 23, 27, 27(1), 27(2), 124, 124(5), 134, 134(1), 135 and 135(2); Specific Relief Act, 1963 - Sections 36 to 42; Code of Civil Procedure (CPC) - Sections 151 - Order 39, Rules 1 and 2 - Order 41, Rule 22(1)

Reported in : 2006(3)AWC2166

registered at number 611689 (subsequently corrected as 611389) under the Trade and Merchandise Marks Act, 1958 and the Copyright Act, 1957 and the plaintiff No. 1- respondent Taj Mohammad Khan assigned the said trade mark and Copyright 'Ped Chhap … the artistic work, lettering and colouring etc in the registered trade mark and has committed offences punishable under Section 78 and 79 of the Trade And Merchandise Marks Act, 1958 (hereinafter referred to as 'the Act No. … that the plaintiff-respondents have not filed any cross-appeal under Order 41 Rule 22(1) of the Code of Civil Procedure against the finding of the trial

Kamlapati Khatri Vs. Sharda Prakashan and ors.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 22; Code of Civil Procedure (CPC), 1908 - Order 39, Rule 1

Reported in : 33(1987)DLT392

Devki Nandan Khatri admittedly died in the year-1913 and, according to the provisions of section 22 of the Copyright Act, 1957, all the seven volumes of the work Bhutnath except the apologue at the expiry of 50 years from

Microfibres Inc. Vs. Girdhar and Co. and anr.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 2, 6, 11, 13, 13(2), 14, 15, 15(1), 15(2), 16, 22, 40, 63, 67; Copyright Act, 1967 - Sections 15; Designs Act, 2000 - Sections 2, 4, 11(2), 12 and 19(1); Design Act of 1911 - Sections 2(5); Patent and Designs Act; Patent Act; Trade Marks Act; U.K. Designs Act, 1949 - Sections 1(3); Trade and Merchandise Marks Act, 1958 - Sections 2(1); Indian Penal Code (IPC) - Sections 120B, 415, 420 and 479; New Design Rules, 2001; Copyright Law

Reported in : LC2009(2)229; 2009(40)PTC519(Del)

been made as at present. 19. The relevant statutory provisions are as follows: THE DESIGNS ACT, 2000 THE COPYRIGHT ACT, 1957 Section 2(d), The Designs Act, 2000 'design' means only the features of shape,configuration, pattern, ornament or composition of lines … period ofcopyright for a second period of five years from the expiration of theoriginal period of ten years. Section 22. Piracy of registered design. (1)During the existence of copyright in any design it shall not be lawful forany

Dart Industries Inc. and anr. Vs. Techno Plast and ors.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Designs Act, 2000 - Sections 2, 4, 11, 18, 19, 20, 22, 22(2)(3), 22(3) and 29; Copyright Act, 1957 - Sections 2, 13, 14, 15, 17, 45, 51, 53 and 55; Designs Rules, 2001; Designs Act, 1911; Patent Act; Code of Civil Procedure (CPC) - Order 39, Rules 1 and 2

Reported in : 2007(35)PTC285(Del)

injunction against the defendants under Section 22 of the Designs Act, 2000 read with Section 55 of the Copyright Act, 1957. The plaintiff No. 1 is a company incorporated under the laws of Delaware, USA. The plaintiff No. 2

Newspapers Ltd. Vs. Ratna Shankar Prasad

Court : Allahabad

Subject : Media and CommunicationIntellectual Property Rights

Acts : Copyright Act, 1914 - Sections 3 and 5(2); Copyright Act, 1957 - Sections 22 and 79(5)

Reported in : AIR1977All356

Act of 1957 which came into force with effect from 21st of January 1958 and in view of Section 22 of the Copyright Act of 1957 the Copyright shall subsist in the work published during the lifetime of … the present case would be governed by the old Act of 1914 or by the New Act of 1957. Section 79 of the Copyright Act of 1957 is a saving. Sub-section (5) of Section 79 provides:'Except as otherwise … the ensuing September.4. The agreement dated 16th of December 1936 was entered at a time when the Imperial Copyright Act of 1911 and the Indian Copyright Act 1914 based on the Act of 1911 were in force. The

Power Control and Appliances Co. and Another Vs. Sumeet Machines Pvt. ...

Court : Chennai

Subject : Intellectual Property Rights

Acts : Code of Civil Procedure (CPC), 1908 -Order 14, Rule 8 - Order 19, Rule 3 - Order 39, Rules 1 and 2 - ; Evidence Act, 1872 - Sections 115; Trade and Merchandise Marks Act, 1958 - Sections 2, 79; Designs Act; Copyright Act, 1957 - Sections 12, 14, 16, 17, 22, 23, 51, 55. 81 and 96; Patents and Designs Act, 1911

Reported in : AIR1993Mad120

of the Trade and Merchandize Marks Act 1958 as well as the definition under Section 2 of the Copyright Act 1957, and Section 12 sub-clauses 13, 28, 29, 34, 77 to 79, Sections 81 and 96 of the Trade … sub-sections pertaining to the definition of the copyright, the learned senior counsel relied on Sections 14, 16, 17, 22, 23 and 51 to 55 of the Copyright Act 1957.13. Then for substantiating the exclusive right and properietorship

M/s. Selvel Industries and Another Vs. M/s. Om Plast (India)

Court : Mumbai

Subject : MRTP

Code (45 of 1860) or any artistic work as defined in clause (c) of section 2 of the Copyright Act, 1957 (14 of 1957); g) original , in relation to a design, means originating from the author of such … grounds are available to him in these very proceedings before me in view of the expressed wording of Section 22(3). This is undoubtedly a correct reading of the statutory provisions. 28. The defences may be summarised thus: (a)

M/s. Maya Appliances Private Limited, Besant Avenue, Adyar, Chennai an ...

Court : Chennai

Subject : MRTP

4, Section 6, Section 19, Section 22 Trade and Merchandise Mark Act, 1958 Indian Penal Code Section 479 Copyright Act, 1957 Section 2 (c) Trade Marks Act, 1999 Patents Act, 1970 Grant of temporary injunction Applicant sought temporary injunction on