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Vishvajeet Sharma and anr. Vs. State and anr.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 2, 15, 15(2) and 63; Designs Act, 2000 - Sections 2 and 2(1); Trade Marks Act, 1999 - Sections 27, 103 and 104; Code of Criminal Procedure (CrPC) , 1973 - Sections 156(3) and 482; Constitution of India - Article 226

Reported in : 2009(41)PTC484(Del)

also denied that the product of Respondent No. 2 was an original work of art protected under the Copyright Act 1957.5. It appears that even before the second notice dated 14th December 2005 was sent by the lawyers of … the date of filing of the complaint, the complainant's trademark registration applications were pending. Therefore, in terms of Section 27 of the Trade Marks Act 1999 no action could be initiated against the Petitioner No. 2 for infringement

Bhandari Products, a Proprietory Concern Vs. Giriraj Enterprises and a ...

Court : Gujarat

Subject : Intellectual Property Rights

Acts : Trade Marks Act, 1999 - Sections 27, 28, 28(3), 30 and 30(2); Copyright Act, 1957 - Sections 51; Code of Civil Procedure (CPC) - Order 6, Rule 17 - Order 39; Constitution of India - Article 227

Reported in : (2007)3GLR2427; LC2007(2)116; 2008(36)PTC558(Guj)

(hereinafter referred to as 'the Act') as well as infringement of Copyright Act particularly Section 51 of the Copyright Act, 1957). The plaintiff further prayed for account of profit and damage against Mr. Rajendra Maru, sole proprietor of M/s. … Civil Suit No. 988 of 2005 in the City Civil Court at Ahmedabad for passing off action under Section 27 of the Trade Marks Act, 1999 (hereinafter referred to as 'the Act') as well as infringement of Copyright

Mohan Lal Proprietor of Mourya Industries Vs. Sona Paint and Hardwares

Court : Delhi

Subject : Intellectual Property

the Indian Penal Code or any artistic work as defined in clause (c) of section 2 of the Copyright Act, 1957 SUBMISSION OF COUNSELS 8 In the broad background of the pleadings referred to above, arguments in this matter … of passing off is available in cases of designs, is an untenable argument for the following reasons:9. 7 Section 27(1)4 of the Trademarks Act makes it clear that there can be no infringement action in respect of an

Mundipharma Ag Vs. Wockhardt Ltd.

Court : Delhi

Subject : Intellectual Property RightsArbitration

Acts : Arbitration Act, 1940 - Sections 20; Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961; Copyright Act, 1957; Indian Contract Act, 1872 - Sections 27

Reported in : ILR1991Delhi606

who was the owner of the copyrights in question. If reference is made to Chapter Xii of the Copyright Act, 1957 relating to civil remedies in case of infringement of copyright; every suit or other civil proceedings arising under … of PVP-I in the manufacture of its various preparations as envisaged under the agreement would be hit by section 27 of the Indian Contract Act, 1872, which says every agreement by which any one is restrained from exercising

Ushodaya Enterprises Limited Vs. T.V. Venugopal and Another

Court : Andhra Pradesh

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 2, 13, 13(1), 14, 17, 44, 45, 50, 51, 55, 62 and 72; Code of Civil Procedure (CPC), 1908 - Sections 26 - Order 7, Rule 1; Trade and Merchandise Marks Act, 1958 - Sections 21, 27, 81, 105 and 106; Trade and Merchandise Marks Rules, 1959; Specific Relief Act, 1963 - Sections 41(1)

Reported in : 2001(4)ALD723

infringement of copyright before the civil Court but have to initiate the proceedings under Section 50 of the Copyright Act, 1957 for rectification of the copyright. It is alleged that the learned single Judge overlooked the legal position that … 26 and Order VII, Rule 1 CPC and Sections 55 and 62 of the Copyright Act and Sections 27, 105 and 106 of the Trade and Merchandise Marks Act, 1958, on the file of the II Additional

Midas Hygiene Industries Pvt. Ltd. Vs. Sudhir Bhatia

Court : Delhi

Subject : Intellectual Property

of the register. Relevant statutory provisions 16. The relevant statutory provisions are extracted below: Provisions of the Indian Copyright Act, 1957 Section 2 (c) "artistic work" means- (i) a painting, a sculpture, a drawing (including a diagram, map, chart or … be granted registration under the Designs Act for it to be entitled to protection under the Designs Act. 27. Under the Designs Act, a copyright has a different connotation from a copyright under the Copyright Act. Under

Deccan Bottling and Distilling Industries Private Limited Through Its ...

Court : Mumbai

Subject : Intellectual Property Rights

Acts : Code of Civil Procedure (CPC) - Order 2, Rule 3 - Order 39, Rules 1 and 2; Companies Act, 1956; Copyrights Act, 1957 - Sections 2, 14, 14(2) and 51; Trade Marks Act, 1999 - Sections 2 and 27(2); Trade Marks Act, 1958

Reported in : 2009(1)BomCR862; (2008)110BOMLR3175; 2009(2)MhLj302; LC2008(3)286

seriousness of the infringement or to the possible damage to the plaintiff.8. Section 2, Clause (c)(i) of the Copyright Act 1957 defines 'artistic work' which reads:2.(c)(i) a painting, a sculpture, a drawing (including a diagram, map, chart or plan), … can be clubbed together as a composite suit.Martin Burn Ltd. v. R.N. Banerjee : (1958)ILLJ247SC : In para 27 the Supreme Court observed:(27) ...A prima facie case does not mean a case proved to the hilt but

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 … Counsel for the appellant-defendant has submitted that the present original suit filed by the plaintiff-respondents was barred under Section 27(1) of the Act, 1999, since no person was entitled to institute any proceeding to prevent or to recover

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 … referring to Sections 44, 45, 72, 73 and 74 of the Act, read with Rules 16, 17 and 27 of the Copyright Rules, 1958 sought to contend that no exclusive right, within the meaning of Section 14

Super Cassettes Industries Ltd. Vs. Mr Chintamani Rao and ors

Court : Delhi

Subject : Civil

Acts : Code of Civil Procedure (CPC) - Section 151 - Order 39 Rules 1, 2; Copyright Act - Sections 52, 13, 2(1)(i); Constitution of India - Article 19(1)(a); Copyright, Patent & Designs Act, 1988 - Section 30(1)

case of the plaintiff that its use of the said works is permitted by Section 52 of the Copyright Act, 1957 as the law permits fair use, fair dealing and fair comment of or on, or with any literary, … (supra), in para 41, the Supreme Court has held that only because the term for holding copyright under section 27 (in relation to a copyright in sound recording) is different from the term of the copyright in relation