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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

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 … quality luggage in terms of total number of luggage pieces manufactured. Cumulative luggage sales till date - over 40 Million pieces. VIPIL is a Government of India recognised export house because of its export performance over the

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 … such design and includes the cases which though old in themselves yet are new in their application.According to Section 4 of the Design Act, 2000, a design which has been disclosed to the public anywhere in India or

Super Cassetts Industries Ltd. Vs. Music Broadcast Pvt. Ltd.

Court : Supreme Court of India

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Section 31(1)(b), 19-A, 52(1)(j)(4); Armed Forces Tribunal Act, 1985 - Section 41(1); Code Of Civil Procedure (CPC) - Section 151; Trade Marks Act - Section 25(i); Indian Copyright Act, 1914 - Section 72; Copyright Act, 1911 - Section 4; Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Section 22(1), 19(1)(6); Code of Criminal Procedure (CrPC), 1973, - Sections 345, 346 ; Indian Penal Code (IPC) - Sections 193, 228, 125

in these appeals is whether on a complaint made to the Copyright Board under Section 31 of the Copyright Act, 1957, the said Board under Clause (b) of Sub-Section (1) can pass an interim order in the pending complaint. … which had been vested in it as high a body as Judicial Committee of the Privy Council under Section 4 of the Copyright Act, 1911,which had been passed by the Parliament of the United Kingdom and modified in

Eastern Book Company and ors. Vs. D.B. Modak and anr.

Court : Supreme Court of India

Subject : Intellectual Property Rights

Acts : Companies Act, 1956; Copyright Act, 1957 - Sections 2, 13, 13(1), 13(2), 13(3), 14, 14(1), 16F, 16F(4), 17, 51, 52 and 52(1); Uttar Pradesh Copyright (Amendment) Act, 1975; Constitution of India - Articles 10, 15, 15(4), 16(4), 29, 226, 338(3), 340(1), 341 and 342; Terrorist and Disruptive Activities (Prevention) Act - Sections 2, 2(1) and 3(4); Indian Penal Code (IPC) - Sections 2 and 201; Central Excise Tariff Act, 1985; Indian Soldiers (Litigation) Act, 1925; Income Tax Act, 1922 - Sections 34; Income Tax Act, 1961 - Sections 147; Surtax Act, 1964 - Sections 8; Central Excise Act, 1944 - Sections 11B, 11D, 11E, 12A, 12B, 12C and 12D; Copyright (Amendment) Act, 1983; Copyright (Amendment) Act, 1984; Copyright (Amendment) Act, 1994; Copyright Act, 1842

Reported in : AIR2008SC809; 2008(2)ALD1(SC); 2008(56)BLJR181; (2008)1CALLT69(SC); (2008)1CompLJ1(SC); 2008(1)JKJ41[SC]; LC2008(1)56; (2008)1MLJ361(SC); 2008(36)PTC1(SC); 2007(14)SCALE1; 2008AIRSCW49; AIR2008SC809; 2008(1)SCC1; 2008(1)LH(SC)179; 2008(2)ICC206; 2008(4)KCCRSN237

it constitutes an `original literary work  of the appellants in which copyright subsists under Section 13 of the Copyright Act, 1957 (hereinafter referred to as  the Act ) and thus the appellants alone have the exclusive right to make … and such acts of the defendant- respondents constitute infringement of the plaintiff- appellants  exclusive right to the same. 4. The plaintiff-appellants herein moved the Court for temporary injunction by filing applications in Suit No.758/2000 against Spectrum Business

Super Cassettes Industries Ltd. Vs. Mr. Punit Goenka and anr.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 2, 13, 14, 18, 19, 30, 31, 31(1), 31A, 31A(4), 32, 51, 55, 63, and 135B(1); Code of Civil Procedure (CPC) , 1908 - Order 1, Rule 10 - Rules 1 and 2

Reported in : 2009(41)PTC1(Del)

of absence of itemized songs, non compliance of provisions of assignment of Section 18 and 19 of the Copyright Act, 1957 and the maintainability of the suit in the absence of the original owners and have also denied any … 31-3-2009In consideration of the rights licensed herein, the licensee shall pay to the Licensor license fees aggregating Rs. 4,00,00,000 (Rs. Four crores only) payable in advance in equal monthly instalments13. The main grievance of the plaintiff begins

Microsoft Corporation Vs. Ms. K. Mayuri and ors.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Copyright Act, 1959 - Sections 2, 7, 13(1), 14, 17, 40, 51 and 201; Copyright Act, 1957 - Sections 13(1), 14, 40, 55 and 116(4); Copyright, Designs and Patents Act, 1988 - Sections 96 and 97; Trade Marks Act, 1999 - Sections 135

Reported in : LC2007(3)27; 2007(35)PTC415(Del)

and marketed by the Plaintiff is a 'computer programme' within the meaning of Section 2 (ffc) of the Copyright Act, 1957 and included in the definition of a literary work as per Section 2(o) of the Act.6. I affirm … and are first published in the said member countries. Plaintiff's works are, thus, protected in India under Section 40 of the Act read with the International Copyright Order, 1999. The case of the plaintiff is that the

Smithkline Beecham Plc and Another Vs. Mr. Sunil Singhi and Another

Court : Delhi

Subject : Intellectual Property Rights

Acts : Trade and Merchandise Marks Act, 1958; Code of Civil Procedure (CPC), 1908 - Sections 20 - Order 7, Rule 10 - Order 39, Rules 1, 2, 3 & 4; Copyright Act, 1957 - Sections 62(2); Copyright Act, 1956; Marks Act - Sections 55(1);

Reported in : 2001IVAD(Delhi)849; 91(2001)DLT461; 2001(2)RAJ446

entertained and tried in Delhi or any other Court in India. He argued that Section 62(2) of the Copyright Act, 1957 (hereinafter referred to as 'the Act') did not permit the dispute to be adjudicated in Delhi especially since … 2. The Defendant No. 2 has filed I.As. 550-551/2000 for vacation of these orders under Order XXXIX Rule 4; and for the return of the Plaint under Order VII Rule 10 of the Code of Civil Procedure

The Indian Performing Right Society Ltd. and Another Vs. Entertainment ...

Court : Mumbai

Subject : Arbitration

India from time to time. The original respondent is a Copyright Society registered under Section 33 of the Copyright Act, 1957 and is a non-profit making body established on 23rd August 1969 to monitor, protect and enforce the rights, … jurisdiction to adjudicate upon such claim made by the claimant, it would not amount to a waiver under Section 4 of the Arbitration Act. A party even by consent cannot confer jurisdiction on the learned arbitrator in case

The Daily Calendar Supplying Bureau, Sivakasi Vs. the United Concern

Court : Chennai

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 62 ; Indian Patents and Designs Act, 1911 - Sections 2(6) ; Guardian and Wards Act, 1890 - Sections 4(4); Code of Civil Procedure (CPC), 1908; ;Indian Succession Act; General Clauses Act

Reported in : AIR1967Mad381

the plea was, based, we will presently refer to the argument urged before us. Section 62 of the Copyright Act. 1957 under which the present suit was filed runs this."Jurisdiction of Court over matters arising under this Chapter--(1) Every … been defined as having the meaning assigned to that expression by the Code of Civil procedure, 1908 Section 4(4) of the Guardian and Wards Act defines District Court as having the meaning assigned to that expression in

T.V. Venugopal Vs. Ushodaya Enterprises Ltd, and anr.

Court : Supreme Court of India

Subject : Intellectual Property Rights And Constitution

Acts : Copyright Act, 1957 - Section 45(1) ; Trade Marks Act, 1999 - Section 159(4) ; Trade & Merchandise Marks Act, 1958 - Sections 46, 21 - Rule 24(3) ; Constitution of India - Section 136 ; Limitation Act, 1963 - Section 22 ; Code of Civil Procedure (CPC), 1908 - Order 2 Rule 2(3) ;

application to the Registrar of the Trade Marks for a certificate under proviso to Section 45(1) of the Copyright Act, 1957. The Registrar issued a certificate on 7.3.1996. Thereafter, an application for registration for copyright was made by the … appellant made an application to the Registrar of the Trade Marks for a certificate under proviso to Section 45(1) of the Copyright Act, 1957. The Registrar issued a certificate on 7.3.1996. Thereafter, an application for registration for