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Amar Nath Chakroborty Vs. Dutta Bucket Industries and ors.

Court : Kolkata

Subject : Intellectual Property Rights

Acts : West Bengal Sales Tax Act, 1994; ;Code of Civil Procedure (CPC) - Order 2, Rule 2 - Order 39, Rules 1 and 2; ;Trade and Merchandise Marks Act, 1958 - Sections 12. 21, 23(2), 30(1), 31(1) and 115 - Rule 65(1); ;Trade and Merchandise Marks Rules, 1959; ;Copyright Act, 1957 - Section 2

Reported in : 2005(2)CHN278,2005(31)PTC415(Cal)

the business of the appellant. (i) To protect the artistic work, as defined in Section 2(c) of the Copyright Act, 1957, the appellant applied for and duly obtained the registration of the label TAJ as a piece of artistic … mark TAJ. (e) By virtue of very extensive user of the mark/brand TAJ for continuous period of over 23 years, large scale advertisements and appreciable sale of the products of the appellant, the composite mark TAJ became

The Chancellor, Masters & Scholars of University of Oxford & O ...

Court : Delhi

Subject : Education

opined that this conclusion was buttressed given that while the term ‗reproduce‘ had not been defined in the Copyright Act, 1957, Section 2(hh) which defines ‗duplicating equipment‘, Section 2(s) which defines ‗photograph‘ and Section 2(x) which defines ‗reprography‘, contemplate the … as the right of the copyright holder : (i) reproduction, (ii) issuing copies (and with RFA(OS) No.81/2016 Page 23 of 58 reference to Section 3 it would mean publication), (iii) performance in public, (iv) adaptation, (v) communication,

Dy. Cit, Non Resident Circle, New Delhi Vs. Metapath Software Internat ...

Court : Delhi

Subject : Direct Taxation

Reported in : [2006]9SOT305(NULL)

in the Act and thereforee reliance can be placed on its definition as per section 14 of the Copyright Act, 1957. The term copyright, in the case of computer software, means the exclusive right to do or authorize the … as is attributable to operations carried on by the assessed in India. The assessed referred to Circular No. 23 [F. No. 7A/38/58-IT (A-II)], dated 23-7-1969, issued by the Central Board of Direct Taxes regarding the applicability of

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 … 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 over

Prentice Hall India Pvt. Ltd. Vs. Prentice Hall Inc. and ors.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Indian Companies Act, 1956; Copyright Act, 1957 - Sections 19(2) to (5) and 30; Contract Act - Sections 23 and 27; Copyright (Amendment) Act, 1994; Code of Civil Procedure (CPC) - Sections 10 and 151 - Order 1, Rule 10 - Order 39, Rules 1 and 2

Reported in : AIR2003Delhi236; 2002(25)PTC511(Del)

given vide Agreement dated 7.9.1983 from the legal point of view i.e. the osition as contained in the Copyright Act,1957. Section-2(j) of the Copyright Act defines 'exclusive license' and recognises that such a license can be granted. It … Read in the manner, plaintiff would also make this Agreement against public policy and in violation of the Section 23 as also Section 27 of the Contract Act. It is Clause-4 which was required to make Clause-1 operative

Sitar Video Vs. State of U.P. and Others

Court : Allahabad

Subject : Constitution

Acts : Constitution of India - Articles 14, 19, 9(1), (6), (9) and (2), 31C, 32, 38(2), 226; Uttar Pradesh Cinema (Regulation of Exhibition by Means of Video) Rules, 1988 - Rules 2, 2(1), 4, 11, 11(1), (2), 14, 15, 15(2); Uttar Pradesh Cinematograph Rules, 1951 - Rule 27; Copyright Act, 1957; Uttar Pradesh Cinemas (Regulation) Act, 1955 - Sections 2, 13 - Rule 1(2), 3, 5, 6, 7, 8, 9, 10 to 14, 23; Uttar Pradesh Entertainments and Betting Tax Act, 1979;

Reported in : AIR1994All25

even a third party's fundamental right, it can be challenged before the Court. Citing various provisions of the Copyright Act, 1957, learnd counsel for petitioner has sought to corroborate the submissions that the exhibitor will be entitled for the … appeal that the exhibition of films by means of video provides a low cost entertainment to the poor section of the society and the impugned Rules are directed against and hit mainly the poor section. It has … Anand Video Hall and the licence was for total 300 seats. On 23-10-1989 another application was filed for grant of licence in the name of

Mumtaz Ahmad and Etc. Vs. Pakeeza Chemicals and ors.

Court : Allahabad

Subject : Intellectual Property Rights

Acts : Trade and Merchandise Marks Act, 1958 - Sections 23 and 29; Code of Civil Procedure (CPC) , 1908 - Order 39, Rules 1 and 2

Reported in : AIR2003All114; 2003(26)PTC567(All)

registration before the authority concerned prior to filing of the suit. The plaintiff had also obtained copyright under Copyright Act, 1957. Learned counsel for the plaintiff contended that the suit for infringement of trade mark for which the application … on a decision of Madras High Court in P.L. Anwar Basha v. M. Natarajan, AIR 1980 Madras 56.11. Section 23 of Trade and Merchandise Marks Act, 1958 reads as under :--23. Registration :-- (1) Subject to the provisions

Presteege Property Developers Rept. by Its Managaing Partner Mr. Deepa ...

Court : Karnataka

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 62(2); Trade Mark Act, 1999 - Sections 2, 23, 27(1), 28, 134(1) and 134(2); Trade Marks Act, 1958; Code of Civil Procedure (CPC) - Sections 20 - Order 43, Rule 1(R) - Order 39, Rules 1, 2 and 4; Trde Mark Rules, 2002

registration of their service marks before the Trade Mark Registry. The plaintiff has also obtained registration under the Copyright Act, 1957 in respect of the original artistic work, design and getup of their Prestige Group label vide registration No. … within the framework of Section 134(2) enabling it to be maintainable. It is no doubt true as per Section 23 of the Act. the registration would relate back to the date of application though registered subsequently. In this

Academy of General Edu., Manipal and anr. Vs. B. Malini Mallya

Court : Supreme Court of India

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 2, 13, 17, 22, 23, 52 and 52(1)

Reported in : AIR2009SC1982; 2009(2)AWC1684(SC); JT2009(3)SC528; LC2009(1)225; (2009)6MLJ956(SC); RLW2009(3)SC2605; 2009(2)SCALE310; (2009)4SCC256; 2009(2)LC952(SC)

injunction granted in favour of the plaintiff - respondent is not in terms of the provisions of the Copyright Act, 1957 as the appellant as an institution or otherwise is entitled to use the same in terms of Clauses … to the contrary, be the first owner of the copyright therein.Sections 22, 23 and 52(1)(a), (i) and (1) of the Act, which are relevant for … is entitled to use the same in terms of Clauses (a), (i) and (1) of Sub-section (1) of Section 52 thereof.10. Mr. G.V. Chandrashekhar, learned Counsel appearing on behalf of the respondent, on the other hand, would

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 … such application before its registration, neither there has been any opposition to the said registration under Section 21. Section 23 requires the Registrar to register the trade mark, where the procedure for registration has been completed (subject to