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Titan Industries Vs. NitIn P. JaIn and anr.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Code of Civil Procedure (CPC) - Order 7, Rule 11; ;Trade Marks and Merchandise Act, 1958 - Sections 106 and 106(1); ;Copyright Act, 1957 - Sections 2, 55 and 62(2); ;Trade Marks Act, 1999 - Sections 135

Reported in : 126(2006)DLT132; 2006(32)PTC95(Del)

of trade mark under the Act but it is also a suit for infringement of copyright under the Copyright Act, 1957 and thus in view of the provisions of Section 55 of the Copyright Act, relief of damages as

Mohan Chand Naliwal Vs. Rakesh Garg and anr.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 55; Code of Civil Procedure (CPC), 1908 - Sections 10; Trade and Merchandise Marks Act, 1958 - Sections 120

Reported in : 93(2001)DLT808

V.S. Aggarwal, J. 1. Mahesh Chand Naliwal has filed the present suit under Section 55 of the Copyright Act, 1957 for permanent injunction against infringing of the copyright, rendition of accounts and delivery up of goods. The facts

Pillalamarri Lakshmikantham and ors. Vs. Ramakrishna Pictures and ors.

Court : Andhra Pradesh

Subject : Intellectual Property Rights

Acts : Indian Copyright Act, 1957 - Sections 55 and 58; Indian Copyright Act, 1914 - Sections 13; Indian Copyright Act, 1911; Press Act, 1661; Law Revision Act, 1863; Indian Copyright Act, 1775; Indian Copyright Act, 1814; United Kingdom Copyright Act, 1911; Andhra Pradesh Court-fees and Suits Valuation Act, 1956

Reported in : AIR1981AP224

accordingly dismissed. No order as to costs in both. Intellectual Property Rights - damages - Section 55 of Copyright Act, 1957 - matter regarding infringement of theme of book by director and producer of movie - relief of damages

Anglo-dutch, Colour and Varnish Works Private Limited Vs. India Tradin ...

Court : Delhi

Subject : Intellectual Property Rights

Acts : Code of Civil Procedure (CPC), 1908 - Order 39, Rule 1; Trade & Merchandise Marks Act, 1958; Copyright Act, 1957 - Sections 55

Reported in : AIR1977Delhi41; ILR1976Delhi116

- Order 39 Rules 1 & 2--infringement of Copyright by passing off--injunction against--Trade Marks & Merchandise Act (1958)--Copyright Act (1957), Section 55.; The plaintiff, in this case, filed a suit for permanent injunction on the basis of infringement of Copyright,

Hawkins Cookers Ltd. Vs. Magi Cook Appliances Co.

Court : Delhi

Subject : Media and CommunicationIntellectual Property Rights

Acts : Copyright Act, 1957 - Sections 2, 41, 48, 51 and 55; Companies Act, 1956

Reported in : 100(2002)DLT698

deceptively similar to the label of the plaintiff having distinctive features and registered under the provisions of the Copyright Act, 1957 vide registration No. A-27389/80.2. Perpetual injunction has also been claimed restraining the defendants from the dealing in any … 51 of the Copyright Act entitles the plaintiff company to the remedy of injunction, damages and accounts under Section 55 of the said Act. Since the defendants have been proceeded ex parte, there is no rebuttal on the

J.Surendran Vs. Mrs.Sudha Vijayakumar

Court : Chennai

Subject : Civil

Acts : Copyright Act, 1957 - Section 18, 55, 62; Code of Civil Procedure,(CPC) 1908 - Order 7 Rule 1; Hindu Succession Act, 1956 - Section 15(1), 15(2)(a) or (b)

O S Rules r/w Order VII Rule 1 of CPC read with sections 55 and 62 of the Copyright Act, 1957 for a judgment and decree a) for a declaration, declaring that the plaintiff is the absolute and exclusive … Order IV Rule 1 of the O S Rules r/w Order VII Rule 1 of CPC read with sections 55 and 62 of the Copyright Act, 1957 for a judgment and decree a) for a declaration, declaring

Dabur India Ltd. Vs. K.R. Industries

Court : Supreme Court of India

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 25C, 55, 55(1), 62, 62(1) and 62(2); Trade Marks Act, 1958 - Sections 27(2), 55, 106 and 106(2); Trade and Merchandise Marks Act, 1958; Trade Marks Act, 1999 - Sections 134, 134(2), 135 and 135(1); Copyright Act; Code of Civil Procedure (CPC) , 1908 - Sections 20 and 94 - Order 2, Rules 2 and 3 - Order 7, Rules 7 and 11; Code of Criminal Procedure (CrPC) , 1973 - Sections 125

Reported in : AIR2008SC3123; 2008(4)AWC3515(SC); LC2008(2)215; (2008)5MLJ1394(SC); 2008(37)PTC332(SC); 2008(8)SCALE385; (2008)10SCC595; 2008AIRSCW5265; 2008(3)LH(SC)2121

was alleged that the said carton constituted an `artistic work' within the meaning of Section 25-C of the Copyright Act, 1957 (the 1957 Act). Respondent is said to have been using an identical colour scheme lay out, arrangement of … suit under the 1957 Act and the 1958 Act should be determined having regard to the provisions of Section 55 of the former. Then term `Law' within the meaning of the said provision, it was submitted, would not

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

It is alleged that the learned single Judge overlooked the legal position that the grant of relief under Section 55 read with Section 62 of the Copyright Act, 1957 for infringement of a copyright is not dependant on … 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

Nav Sahitya Prakash and ors. Vs. Anand Kumar and ors.

Court : Allahabad

Subject : Media and CommunicationIntellectual Property Rights

Acts : Copyright Act, 1957 - Sections 13, 17, 44, 45, 48, 51 and 55; Code of Civil Procedure (CPC) , 1908 - Sections 99 - Order 1, Rule 1

Reported in : AIR1981All200

follows : --'The Indian Copyright Act. 1914, had nowhere made any provision for theregistration, of copyrights. Under the Copyright Act, 1957, it appears that under Sections 13, and 45, the registration of a book with the Registrar of Copyrights, … Act which lists the various grounds on which copyright in a work shall be deemed to be infringed. Section 55 provides the remedies for infringement of copyright. Reading these sections together, one would find that there is nothing

PenguIn Books Ltd. Vs. India Book Distributors and ors.

Court : Delhi

Subject : Media and CommunicationIntellectual Property Rights

Acts : Copyright Act, 1957 - Sections 18, 53(1) and 55(1); Copyright (Amendment) Act, 1983 - Sections 3; Sea Customs Act, 1878 - Sections 19; English Copyright Act, 1956 - Sections 49(2); Monopolies and Restrictive Trade Practices Act - Sections 16

Reported in : AIR1985Delhi29; 26(1984)DLT316

argued that the consent decree was not a bar to the assertion of their statutory rights under the Copyright Act, 1957 of India. From the various agreements filed by Penguins it appears that they are the licensees or assignees … in others and have an exclusive right to print, publish and market these twenty three titles in India. Section 55(1) provides 'civil remedies' for infringement of copyright, namely, injunction, damages, accounts 'as are or may be conferred by