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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 … between the goods of the parties. Section 31 provides registration to be prima facie evidence of validity and section 46 provides for the removal from the register and imposition of limitation on ground of non-use. In terms of

Colgate Palmolive Company and anr. Vs. Anchor Health and Beauty Care P ...

Court : Delhi

Subject : Intellectual Property Rights

Acts : Code of Civil Procedure (CPC) - Sections 11 - Order 2, Rule 2 - Order 39, Rule 1; Indian Companies Act, 1956; Copyright Act, 1957; High Court of Judicature at Bombay (Original Side) Rules, 1980 - Rules 147 and 148; Trade Mark Act, 1995 - Sections 46(1), 47, 48, 48(1), 48(2) and 49

Reported in : 2003VIIIAD(Delhi)228; 108(2003)DLT51; 2003(27)PTC478(Del); 2004(1)RAJ214

has a distinctive design, colour scheme and get up which is an artistic work under the meaning of Copyright Act 1957 and his design was duly registered. Its grievance was that respondent No. 2 was distributing khaini and gutkhasof … held applicable.'24. Thus Mr. Anand has questioned the maintainability of the suit in view of the provisions of Section 10 of the CPC inasmuch as that direct and substantial question of the use of red and white … Ltd. And others : AIR1996SC3295 wherein the interpretation of provisions of Section 46(1)(b) read with Section 48 was involved and the following view was taken:-'The

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 … goods and services for the purpose for which they are used. Non-use of a mark entails rectification under section 46 of the 1958 Act. Thus, the entire object of trademarks is to confer monopoly of a particular individual

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 … on behalf of the defendants was that the Bayliner plans were not protected by copyright by virtue of section 46 of the Copyright Act R.S.C. 1970. Section 46 of that Act would read as under :-'46.(1) This Act

Asian Paints (i) Ltd. Vs. Jaikishan Paints and Allied Products

Court : Mumbai

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 46 and 48

Reported in : 2002(4)ALLMR637; 2002(6)BomCR1; (2002)4BOMLR941; 2002(4)MhLj536

defendant shall pay the costs of this Notice of Motion to the plaintiff fixed at Rs. 5000/-. [A] Copyright Act, 1957 - Section 62 - Infringement of copyright - Jurisdiction of Court - Plaintiff resides and carries on business … Anand v. Delux Films, reported in : [1979]1SCR218 laid down the following as proposition No. 3 in paragraph 46 :--'3. One of the surest and the safest test to determine whether or not there has been a

Motorola Inc., Erisson Radio Vs. Deputy C.i.T.

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (2005)96TTJ(Delhi)1

to address this issue.156. We must look into the meaning of the word "copyright" as given in the Copyright Act, 1957. Section 14 of this Act defines "Copyright" as "the exclusive right subject to the provisions of this Act, to … connected with a permanent establishment" in India. In this connection, our attention was drawn to pages 42 to 46 and 65 to 68 of the assessment order in which the A.O., in support of his stand that

Akuate Internet Services Pvt. Ltd. and anr. Vs. Star India Pvt. Ltd. a ...

Court : Delhi

Subject : MRTP

to disseminate match information.4. The Appellants had argued that Stars claim was barred by Section 16 of the Copyright Act, 1957 which precluded it from claiming copyright or other similar un-enumerated, rights. The Appellants claimed to have published match … (Ref Donaldson v Beckett 1 ER 83.(1774); Section 31 of the Copyright and Designs Act, as well as Section 46 (5) of the UK Copyright Act, 1956 (repealed) and Section 171 (2) of the UK Copyright Designs and

Star India Pvt. Ltd. Vs. Piyush Agarwal and ors.

Court : Delhi

Subject : MRTP

to note that the plaintiff is seeking a remedy in these suits under common law, de hors the Copyright Act, 1957.4. The defendants contend that the plaintiff cannot seek any remedy under common law because Section 16 of the … from the reasoning in the INS Case are Triangle Publications Inc. v. New England News Paper Publishing Co., 46 F.Supp. 198 (1942) and Compco Corp v. Day Brite Lightning Inc., 376 U.S. 234 (1964) by the Courts

Cryogas Equipment Private Limited versus Inox India Limited and Others

Court : Supreme Court of India

Subject : Land Acquisition

Reported in : [2025] 4 S.C.R. 765

and Merchandise Marks Act, 1958; English Registered Designs Act, 1949; Penal Code, 1860.List of Keywords Section 15(2) of Copyright Act, 1957; Section 2(d) of Design Act, 2000; Design; Rejection of plaint; Order VII, Rule 11; Copyright protection; Artistic work; Shape; … v. Tyco Industries Inc and Others [1988] UKPC 3; Mazer v. Stein, 347 U.S. 201, 74 S. Ct. 460, 98 L. Ed. 630 (1954); Esquire Inc v. Ringer, 591 F.2d 796 (D.C. Cir. 1978); Kieselstein-Cord v. Accessories

Smt. Radhika Trading as M/S. Radhika Chemical Works Vs. Shri Satish Ku ...

Court : Intellectual Property Appellate Board IPAB

Subject : Intellectual Property

cake and bleaching powder and it owns the valid and subsisting copyright in label KARAN registered under the Copyright Act, 1957 under No. A-69679/2005. 9. Shri Vidhani submitted that the applicant is not a person aggrieved as the respondent … non-use of trade mark by the respondent does not fall under any exceptions provided under sub-section (3) of section 46 of the Act. Relying upon the judgment in Aktiebolaget Jonkoping Vulcans case (supra) it was contended that in