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S. Gopi, Proprietor, M/s. Bangalore Prasanna Perfumes Vs. Sri Jai Sai ...

Court : Chennai

Subject : Intellectual Property

134 and 135 of the Trade Marks Act, 1999 and under Sections 55, 56 and 62 of the Copyright Act, 1957, praying for the following judgment and decree against the defendant. a) Permanent injunction restraining the defendant, its servants … stands dismissed. 19. In fine, the suit is partly decreed. No costs. Copyright Act, 1957 - Section 55, Section 56, Section 62 Trade Marks Act, 1999 Section 29, Section 134, Section 135 - Civil Procedure Code, 1908 -

Star India Private Limited Vs. Department of Industrial Policy and Pro ...

Court : Supreme Court of India

Subject : MRTP

Justice has held that there is sufficiency of the power under the TRAI Act as against the Indian Copyright Act, 1957. They travel in their respective paths, not intended to cross. The scope of the amendments made in the … restriction on broadcaster under Copyright Act. Under Section 33A read with Rule 56 of the Copyright Rules, 2013, broadcaster has the right to decide separate … respective paths, not intended to cross. The scope of the amendments made in the year 2012 along with Section 37 was correctly dealt with. This Court is of the view that the Copyright Act has rightly taken

Amir Chand Om Parkash Vs. Monga Perfumery and Floor Mills

Court : Delhi

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957; Trade and Merchandise Marks Act, 1958 - Sections 45 and 56

Reported in : 1996IIIAD(Delhi)210; 1997(1)ARBLR509(Delhi); 63(1996)DLT113; 1996(37)DRJ636

the plaintiff entitled Mahavir Delux Dhoop with device of Hanumanji, is registered under No.A-45929/84 under the provisions of Copyright Act, 1957; that the registration of the plaintiff under the Trade and Merchandise Marks Act as well as Copyright Act … valid and is liable to be expugned from the register under the provisions of Section 45 read with Section 56 of the Trade & Merchandise Marks Act, 1958. That the artistic logo was registered without any bonafide intention

The Chancellor, Masters & Scholars of University of Oxford & O ...

Court : Delhi

Subject : Education

opined that this conclusion was buttressed given that while the term ‗reproduce‘ had not been defined in the Copyright Act, 1957, Section 2(hh) which defines ‗duplicating equipment‘, Section 2(s) which defines ‗photograph‘ and Section 2(x) which defines ‗reprography‘, contemplate the … provision in a statute partially drowns another provision. This lay person would obviously desire, and RFA(OS) No.81/2016 Page 56 of 58 perhaps logic would feed the desire, that no provision should be drowned or partially drowned. After

Microforms Inc Vs. Girdhar and Co. and ors.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 2, 13(1), 14, 15, 15(2), 40, 48 and 51; ;Designs Act, 2000 - Sections 2 and 2(5); Designs Act, 1911; ;Trade and Merchandise Marks Act, 1958 - Sections 2 and 2(1); ;Patents Act; ;Indian Penal Code (IPC), 1860 - Sections 479; ;Copyright Act, 1957 - Sections 15

Reported in : 128(2006)DLT238; 2006(32)PTC157(Del)

however, claimed that whether such a copyright is registered or not, in view of the provisions of the Copyright Act, 1957 (hereinafter referred to as the Copyright Act) the copyright in the artistic works subsists and gives an exclusive … The plaintiff has claimed that the artistic work constitutes original artistic work as defined within the meaning of Section 2(c) of the Copyright Act. The plaintiff also claims that it enjoys copyright protection in India as a … Au-356-331 21.11.199538. PRESTIGE V Au-406-109 17.12.199742. TARSUS V Au-458-207 12.11.199946. BLACK POOL* 56. REGIA* V Au-498-306 06.12.20004. It may be noticed that in the said

Caterpillar Inc. Vs. Kailash Nichani and ors.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 62; Code of Civil Procedure (CPC) , 1908 - Sections 20 and 151 - Order 7, Rule 11 - Order 39, Rules 1, 2 and 4

Reported in : 2002IIAD(Delhi)894; 97(2002)DLT304; 2002(24)PTC405(Del)

these products enjoys good reputation in India. The plaintiff is also claiming protection of these marks under Indian Copyright Act, 1957. It is stated that every licensed product of the plaintiff carries a circular seal bearing the CAT logo … he actually or voluntarily resides or carries on business or personally work for gain in the desired jurisdiction.(f) Section 56 deals with protection of several rights comprising the same copyright which, when read with Section 30, states that

The Academy of General Education Represented by the Registrar Sri K.K. ...

Court : Karnataka

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 2, 13, 13(1), 40 and 41; Copyright Act, 1956 - Sections 4

Reported in : ILR2008KAR1074; LC2008(1)373; ILR2008(1)Kar1075; 2008(1)KCCRSN82; 2008(2)AIRKarR517; AIR2008NOC1286; 2008AIHC2063(Kar)

to the definitions of the expressions 'literary work', 'dramatic work' and also to the relevant provisions of the Copyright Act, 1957.48. Section 13 of the Copyright Act, 1957 ('the Act' in short) in the heart and soul of the

Vishnudas Trading as Vishnudas Kishandas Vs. Vazir Sultan Tobacco Co. ...

Court : Supreme Court of India

Subject : Intellectual Property Rights

Acts : Trade and Merchandise Marks Act, 1958 - Sections 8, 46, 56 and 109(5); Trade Marks Rules, 1959 - Rules 22 to 26 and 94 to 97; Trade Marks Act, 1958 - Sections 12; Trade Marks Rules 1942

Reported in : AIR1996SC2275; 1996(2)ARBLR222(SC); JT1996(6)SC366; 1996(5)SCALE267; (1997)4SCC201; [1996]Supp3SCR329

respondent Company on its cigarette packets and cartoons. The appellant also holds a duly registered copyright under the Copyright Act. 1957 on the brand name and device of 'charminar' as depicted by the appellant.(vi) When the appellant had applied … No. 1 Company.3. Accordingly, on October 15, 1973, the appellant filed two applications under Section 46 read with Section 56 of the Trade and Merchandise Marks Act, 1958 before the Registrar of Trade Marks, Madras for rectifying the

M/s. Selvel Industries and Another Vs. M/s. Om Plast (India)

Court : Mumbai

Subject : MRTP

Code (45 of 1860) or any artistic work as defined in clause (c) of section 2 of the Copyright Act, 1957 (14 of 1957); g) original , in relation to a design, means originating from the author of such … sub-brand or trade mark IRISH SMART. The container itself comes in various sizes. These are shown at page 56. This page shows that there is a container of smaller height (500 ml), a slighter larger one of

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 … with artistic copyright the learned Author has referred to:-Dorling v. Honnor and Honnor Marine Ltd. (1964) Ch. D. 560 = 1963 RPC 205, British Northrop Ltd. v. Texteam Blackburn Ltd., 1974 RPC 57, and 1986 (1) AER