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Dec 21 2001

Caterpillar Inc. Vs. Kailash Nichani and ors.

Court : Delhi

Decided on : Dec-21-2001

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)

filed IA. 12882/2000 which is an application under Order VII Rule 11 read with Section 151, CPC and Section 62 of The Copyright Act, 1957. In IA. 10789/2000 it is stated by the defendants that the defendants wanted … 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

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Feb 06 2003

Exphar Sa and ors. Vs. Bharat Shah and anr.

Court : Delhi

Decided on : Feb-06-2003

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 62 and 62(1); Code of Civil Procedure (CPC) - Order 39, Rules 1 and 2

Reported in : 2003(26)PTC461(Del)

colour combination holding that prima facie plaintiff No. 1 had got right herein under Section 17(b) of the Copyright Act, 1957 and as regards the finding of learned Single Judge that prima facie plaintiff is the proprietors of trade … plaintiff alleged about this Court having jurisdiction to entertain and try the suit by virtue of provisions of Section 62(2) of the Copyright Act, 1957 stating :-'This Hon'ble Court has jurisdiction to entertain and try the present suit

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Nov 07 2006

The Jay Engineering Works Ltd. Vs. Sh. Ramesh Aggarwal

Court : Delhi

Decided on : Nov-07-2006

Subject : Intellectual Property RightsCivil

Acts : Trade and Merchandise Marks Act, 1958 - Sections 105 and 106; Copyright Act, 1957 - Sections 62 and 62(2); Designs Act, 2000; Code of Civil Procedure (CPC) , 1908 - Sections 9, 20 and 21 - Order 2, Rule 3 - Order 7, Rules 1, 10 and 11; Trade Marks Act, 1999 - Sections 134(2)

Reported in : LC2007(1)58; 2006(33)PTC561(Del)

further proceedings on 20.11.2006. Intellectual Property Rights - Territorial jurisdiction - Composite suit - Section 62 of the Copyright Act, 1957, Section 20 of the Code of Civil Procedure, 1908 - Plaintiff filed a suit claiming infringement of trademark, infringement

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Mar 10 1998

P.M. Diesels Ltd. Vs. M/S. Patel Field Marshal

Court : Delhi

Decided on : Mar-10-1998

Subject : Intellectual Property Rights

Acts : Code of Civil Procedure (CPC), 1908 - Order 39, Rules 1 & 2; Copyrights Act, 1957 - Sections 62(2)

Reported in : AIR1998Delhi225; 1998(45)DRJ255

claimed that Delhi High Court has jurisdiction on three counts. Firstly, in view of Section 62 of the Copyright Act, 1957. Secondly, in view of the fact that the defendants had sought registration of trade mark for sale at

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Sep 05 2001

M/S Ruchi Pvt. Ltd. and Others Vs. M/S Indian Flame Enterprises and Ot ...

Court : Delhi

Decided on : Sep-05-2001

Subject : Intellectual Property Rights

Acts : Code of Civil Procedure (CPC), 1908 - Sections 151 - Order 7, Rule 10 - Order 39, Rules 1 and 2; Copyright Act, 1957 - Sections 62 and 62(2); Code of Criminal Procedure (CrPC) , 1973 - Sections 91, 93 and 104

Reported in : 94(2001)DLT796

claimed that Delhi High Court has jurisdiction on three counts. Firstly, in view of Section 62 of the Copyright Act, 1957. Secondly, in view of the fact that the defendants had sought registration of trade mark for sale at

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Mar 23 1999

M/S. Arte Indiana Vs. M/S. P. Mittulaul Lalah and Sons

Court : Mumbai

Decided on : Mar-23-1999

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 62(2); Trade and Mercandise Marks Act, 1958 - Sections 78 and 79; Code of Civil Procedure (CPC), 1908 - Sections 16, 17, 20 and 120;

Reported in : 1999(4)BomCR233

of this Court. The contention of the plaintiffs, however, is that sub-section (2) of section 62 of the Copyright Act, 1957 permits the plaintiffs in case of infringement of Copyright Act, to sue at the place where the plaintiffs

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Apr 12 2001

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

Court : Delhi

Decided on : Apr-12-2001

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

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Oct 30 1981

Everest Pictures Circuit, Salem Vs. S. Karuppannan

Court : Chennai

Decided on : Oct-30-1981

Subject : Media and CommunicationIntellectual Property Rights

Acts : Copyright Act, 1957 - Sections 62

Reported in : AIR1982Mad244; (1982)1MLJ100

contention of the civil revision petitioner, the defendant in the suit, that as per Section 62 of the Copyright Act, 1957, hereinafter referred to as the Act, the suit ought to have been instituted only in the District Court

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Nov 02 2004

Shree Rajmoti Industries Vs. Rajmoti Oil Mill Pvt. Ltd. and anr.

Court : Delhi

Decided on : Nov-02-2004

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 20(2) - Order 7, Rule 11; Copyright Act, 1957 - Sections 62 and 62(2); Trade Marks Act - Sections 134(2)

Reported in : 115(2004)DLT212; 2005(30)PTC38(Del)

in the plaint. 11. The Division Bench has also erred in its construction of Section 62 of the Copyright Act, 1957. Section 62 reads: '62. Jurisdiction of court over matters arising under this Chapter.__(1) Every suit or other civil proceedings arising

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Feb 08 2006

Pfizer Products Inc. Vs. Rajesh Chopra and ors.

Court : Delhi

Decided on : Feb-08-2006

Subject : CivilIntellectual Property Rights

Acts : Copyright Act, 1957 - Sections 62; ;Trade and Merchandise Marks Act, 1958 - Sections 5(3); ;Code of Civil Procedure (CPC) - Sections 20 - Order 2, Rule 3 - Order 7, Rules 10 and 11 - Order 39, Rules 1 and 2

Reported in : 127(2006)DLT783; 2006(32)PTC301(Del)

regards the jurisdiction of the Delhi High Court were raised. The first being under Section 62 of the Copyright Act, 1957 on the ground that the suit was a composite suit under the Copyright Act as well as under

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