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M/S. Veerumal Praveen Kumar Vs. M/S. Needle Industries (India) Ltd. an ...

Court : Delhi

Subject : Intellectual Property Rights

Acts : Trade and merchandise Marks Act, 1958 - Sections 28, 29, 29(2), 30, 31, 34, 35, 46, 46(1), 105 and 106; Copyright Act, 1957 - Sections 1962; Code of Civil Procedure (CPC), 1908 - Sections 151 - Order 39, Rules 1 and 2; Designs Act, 1911 - Sections 51A and 53

Reported in : 93(2001)DLT600

Trade and merchandise Marks Act, 1958 (hereinafter referred to as the Act) read with section 1962 of the Copyright Act, 1957. The suit is in respect of Snap Fasteners and the respondents claimed relief against packaging with the colour … Moulders case (supra) was of the view that mere registration of the trademark would not establish rights under section 28 of the Act to grant temporary injunction and that the balance of convenience in granting temporary injunction has

Phonographic Performance Ltd. and Ors. Vs. Uoi and Ors

Court : Delhi

Subject : Land Acquisition

first petitioner is a Company, registered as a Copyright Society under the provisions of Section 33 of the Copyright Act, 1957 (hereinafter referred as „the said Act‟). This registration entitles the first petitioner to commence and carry on the … second phase, more Stations were allotted to the respondent No.3.55. The trial before the Copyright Board commenced on 28.07.2009 and was followed through subsequent sittings ending on 12.07.2010. The fact that there were twenty Stations of respondent

M/S Vrajlal Manilal and Co. Vs. M/S Bansal Tobacco Co.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Code of Civil Procedure (CPC) - 1908 - Order XXXIX Rules 1 and 2; Trade Merchandise Marks Act, 1958; Indian Copyright Act, 1957 - Sections 62 (2); Trademark & Merchandise Act, 1958 - Sections 28(1)

Reported in : 2001IIAD(Delhi)358; 89(2001)DLT780; 2001(58)DRJ184; 2001(2)RLR114

try the suit. That the jurisdiction of this Court is further attracted under Section 62(2) of the Indian Copyright Act, 1957.4. The learned counsel for the plaintiff relies upon the judgments reported as K. Krishna Chettiar Vs Ambal … from time to time.(iii) It has also started manufacturing and marketing of its products of safety matches from 28th November, 1983 under its well-known and well-reputed trade mark/label, i.e., '22' and obtained its registration under the provisions

Susanto Mittra Vs. Radha Krishna Plastic and ors.

Court : Kolkata

Subject : Intellectual Property Rights

Acts : Trade Marks Act, 1999 - Section 28; ;Copyright Act, 1957; ;Designs Act

in the artistic work and in the design the petitioner is also entitled to exclusive use under the Copyright Act, 1957 and Designs Act. The respondents by manufacturing products similar to that of the petitioner have infringed the petitioner's … SUPER' on its products. It also has a copyright in the artistic work and design. By virtue of Section 28 of the Trade Marks Act, 1999 it is entitled to exclusive user and the respondents by manufacturing products

Saranya Zaveri and anr. Vs. Kamadon Academy P. Ltd.

Court : Kerala

Subject : Company

Acts : Trade Marks Act, 1999 - Sections 134, 134(1) and 134(2); Copyright Act, 1957 - Sections 2, 13, 40, 55, 62, 62(1) and 62(2); Kerala Stamp Act - Sections 33; Corporations Act, 2001 - Sections 45A, 114, and 127(1); Evidence Act - Sections 85; Code of Civil Procedure (CPC) - Sections 15 to 20, 21, 26, 43, 115 and 151 - Order 3, Rule 1 - Order 7, Rule 1, 8, 10, 11 - Order 8, Rule 3 - Order 43, Rule 1; Constitution of India - Article 227

Reported in : [2006]133CompCas546(Ker); 2008(38)PTC554(Ker)

1, Civil Procedure Code and Section 134 of the Trade Marks Act, 1999 and Section 62(2) of the Copyright Act, 1957, is for a declaration that the plaintiff is the exclusive owner and proprietor of the marks Kamadon and … stated to have been committed within the local limits of the Ernakulam court. The only allegation in paragraph 28 of the plaint is that the plaintiff carries on its operations in India through its office at Cochin

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 … Pharmaceuticals Limited 1999 (2) Arb. L.R. 258, Madras in relation with Sections 28, 29 and 31 of the Act No. 43 of 1958, the Madras … 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.

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. … vehemently contended that the learned trial Judge has not properly considered the provisions of the Trade Mark particularly Section 28(3) read with Section 30(2)(e) of the Trade Marks Act, 1999.14. He has also relied on the judgement of

Mohan MeakIn Limited Vs. Pravara Sahkari Sakhar Karkhana Limited

Court : Mumbai

Subject : Intellectual Property Rights

Acts : Maharashtra Co-Operative Societies Act, 1961 - Sections 164; Code of Civil Procedure (CPC) , 1908 - Sections 2(4) and 9; Trade And Merchandise Marks Act, 1958 - Sections 105, 109 and 109(2); Bombay City Civil Court Act, 1948 - Sections 3; Maharashtra Co-operative Societies Act, 1960 - Sections 91(1), 92, 93, 94, 95, 96, 100 and 164; Indian Companies Act, 1913 ; Constitution of India - Article 226; Bombay Rent Act - Sections 28; Bombay High Court Letters Patent (Amendment) Act, 1948 ; Copyright Act, 1957 - Sections 14 and 62; Inventions and Designs Act, 1888 ; Patents and Designs Act, 1911 - Sections 53

Reported in : (1987)89BOMLR356; 1987MhLJ503

the Copyright Act and the Division Bench was called upon to interpret Sections 62 and 14 of the Copyright Act, 1957 read with Section 2(4) of the Civil Procedure Code. It was urged on behalf of the defendant in … Bank. The petitioners also challenged the jurisdiction of Registrar's nominee to entertain the bank dispute in view of Section 28 of the Bombay Rent Act. While resolving this controversy the Supreme Court was called upon to interpret the

Ultratech Cement Limited and Others Vs. Dalmia Cement Bharat Limited

Court : Mumbai

Subject : Intellectual Property

of Civil Procedure, 1908 - Section 120 - Order VII Rule 11 (2) - Trademarks Act, 1999 - Section 28, Section 52, Section 53, Section 134 - Trade and Merchandise Act, 1958 - Copyright Act, 1957 - Section … hands of the Corporations with multiple subordinate offices. Referring to the statement of objects and reasons of the Copyright Act, 1957, regarding Section 62 (2) of the Copyrights Act, it is submitted on behalf of the Defendant that clearly

Shalimar Chemical Works Ltd., Calcutta Vs. Surender Oil and Dal Mills ...

Court : Andhra Pradesh

Subject : Intellectual Property Rights

Acts : Code of Civil Procedure (CPC), 1908 - Order XXIX and XL; Trade and Merchandise Marks Act, 1958 - Sections 2, 21, 23, 28, 29, 30, 31 and 81; Copyright Act, 1957 - Sections 31; Companies Act, 1956; Trade and Merchandise Rules, 1959

Reported in : 2001(1)ALT253

valid and subsisting. The said trade mark, also being a piece of artisitic work, was registered under the Copyright Act, 1957.3. The appellant-company is one of the pioneers in India in the field of manufacturing and marketing of … trade mark. The rights conferred by registration on the proprietor of a registered trade mark are contained in Section 28 of the Act. What constitutes an infringement of Trade Mark is covered by Section 29 of the Act,