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Premwati Bansal Vs. M/S. Shri Ganpati International

Court : Delhi

Subject : Intellectual Property Rights

Acts : Trade and Merchandise Marks Act, 1958 - Sections 78, 79, 105 and 106; Indian Copyright Act, 1957 - Sections 45(1), 57, 63 and 64

Reported in : 1999VIAD(Delhi)687; 82(1999)DLT398

106 of the Trade and Merchandise Marks Act, 1958 as well as under Section 51 of the Indian Copyright Act, 1957 seeking the relief of permanent injunction and rendition of accounts. The case disclosed in the plaint is that … be caused. 3. It is further averred in the plaint that a criminal complaint under Sections 78 and 79 of the Trade & Merchandise Marks Act, 1958 as well as under Sections 63 and 64 of the

Madankumar Dharamchand JaIn and anr. Vs. State of Maharashtra and anr.

Court : Mumbai

Subject : Intellectual Property RightsCriminal

Acts : Trade and Merchandise Marks Act, 1958 - Sections 2(1), 78 and 79; Copyright Act, 1957 - Sections 63; Indian Penal Code(IPC), 1860 - Sections 34, 120, 120B, 465, 471, 472 to 475, 482, 483 and 486

Reported in : 1983(1)BomCR416

under sections 78 and 79 of the Trade and Merchandise Marks Act, 1958 and section 63 of the Copyright Act, 1957. These convictions were recorded by the learned Magistrate on 26th March, 1979. The first petitioner was sentenced to

Messrs Gulfam Exporters and Another Vs. Sayed Hamid and Others

Court : Mumbai

Subject : Intellectual Property Rights

Acts : Copyrights Act, 1957 - Sections 63; Trade and Merchandise Marks Act, 1958 - Sections 78 and 79; Code of Criminal Procedure (CrPC) , 1973 - Sections 2(1), 200, 202 and 482; Indian Penal Code (IPC), 1960 - Sections 420 and 483

Reported in : 2000(2)BomCR619; 2000(3)MhLj183

the aforesaid offences. Secondly he contended that since there is no registration either under the provisions of the Copyright Act, 1957 or the Trade and Merchandise Marks Act, 1958 the prosecution for the offences under the said Acts i.e. … Mr. Desai Certified copy is expedited.15. Petition allowed. Intellectual Property Rights - complaint - Section 63 of Copyrights Act, 1957, Section 202 of Criminal Procedure Code, 1973, Sections 78 and 79 of Trade and Merchandise Marks Act, 1958 and

Super Cassetes Industries Ltd. Vs. Myspace Inc. and Another

Court : Delhi

Subject : Civil

Acts : Code of Civil Procedure (CPC), 1908 - Order 39 Rules 1, 2, 4 - Section 20 (c); Information Technology Act, 2000 - Section 79; Digital Millennium Copyright Act; Copyright Act, 1957 - Section 51(a)(i); Engraving Copyright Act, 1734; Telegraphs Act 1863; Specific Relief Act, 1963

acts of infringement. Learned counsel has placed reliance on the provisions of Section 51 (a) (i) of the Copyright Act, 1957 (herein after referred as to as „Act) and argued that the defendants are communicating the works of the … control. f) The acts of the defendants are those of intermediatory and are protected under the provisions of Section 79 of Information Technology Act, 2000. The said provision will act as safe harbor provisions of US Digital Millennium

Brundaban Sahu Vs. B. Rajendra Subudhi

Court : Orissa

Subject : Media and CommunicationIntellectual Property Rights

Acts : Copyright Act, 1957 - Sections 16, 48, 51 and 63; Trade and Merchandise Marks Act, 1958 - Sections 78 and 79

Reported in : AIR1986Ori210

Phulbani in I.C.C. No. 48 of 84 against the petitioner for the offence under Section 63 of the Copyright Act, 1957 and under Sections 78 and 79 of the Trade and Merchandise Marks Act, 1958. The opposite party filed

Power Control and Appliances Co. and Another Vs. Sumeet Machines Pvt. ...

Court : Chennai

Subject : Intellectual Property Rights

Acts : Code of Civil Procedure (CPC), 1908 -Order 14, Rule 8 - Order 19, Rule 3 - Order 39, Rules 1 and 2 - ; Evidence Act, 1872 - Sections 115; Trade and Merchandise Marks Act, 1958 - Sections 2, 79; Designs Act; Copyright Act, 1957 - Sections 12, 14, 16, 17, 22, 23, 51, 55. 81 and 96; Patents and Designs Act, 1911

Reported in : AIR1993Mad120

of the Trade and Merchandize Marks Act 1958 as well as the definition under Section 2 of the Copyright Act 1957, and Section 12 sub-clauses 13, 28, 29, 34, 77 to 79, Sections 81 and 96 of the Trade

Newspapers Ltd. Vs. Ratna Shankar Prasad

Court : Allahabad

Subject : Media and CommunicationIntellectual Property Rights

Acts : Copyright Act, 1914 - Sections 3 and 5(2); Copyright Act, 1957 - Sections 22 and 79(5)

Reported in : AIR1977All356

the present case would be governed by the old Act of 1914 or by the New Act of 1957. Section 79 of the Copyright Act of 1957 is a saving. Sub-section (5) of Section 79 provides:'Except as otherwise provided

Vimal Chand and Etc. Etc. Vs. State of Rajasthan and anr.

Court : Rajasthan

Subject : CriminalFood Adulteration

Acts : Trade and Merchandise Marks Act, 1958 - Sections 78, 79 and 117; Copyright Act, 1957 - Sections 63 and 64; Indian Penal Code (IPC), 1860 - Sections 120A, 120B, 417 and 420; Prevention of Food Adulteration Act - Sections 7 and 16; Code of Criminal Procedure (CrPC) , 1974 - Sections 155(2), 156(1), 156(3), 157(1), 397, 401, 451, 457 and 482; Constitution of India - Articles 19(1), 226 and 227

Reported in : 1999CriLJ128

Trade and Merchandise Marks Act, 1958 (for short, the Act of 1958), Sections 63 and 64 of the Copyright Act, 1957 (for brevity, the Act of 1957) read with Sections 420 & and 120B, IPC.3. Rest of the two … at respective police stations within Jalore district for offences under Sections 78, 79 of the Trade and Merchandise Marks Act, 1958 (for short, the Act … of by this common order at the request of both the parties.2. The first five misc. petitions Under Section 482, Cr.P.C. pertain to the relief sought by the petitioners for quashing the first information reports lodged by

Anwar Mohammad Khan Son of Sri Niyamatullah Khan Vs. Sri Taj Mohammad ...

Court : Allahabad

Subject : Intellectual Property Rights

Acts : Trade and Merchandise Marks Act, 1958 - Sections 9, 11, 12, 19, 27, 28, 29, 31, 71, 78, 79, 105, 106 and 159; Copyright Act, 1957 - Sections 63; Indian Penal Code (IPC) - Sections 420, 485, 486 and 487; Trade Marks Act, 1999 - Sections 18, 19, 21, 22, 23, 27, 27(1), 27(2), 124, 124(5), 134, 134(1), 135 and 135(2); Specific Relief Act, 1963 - Sections 36 to 42; Code of Civil Procedure (CPC) - Sections 151 - Order 39, Rules 1 and 2 - Order 41, Rule 22(1)

Reported in : 2006(3)AWC2166

registered at number 611689 (subsequently corrected as 611389) under the Trade and Merchandise Marks Act, 1958 and the Copyright Act, 1957 and the plaintiff No. 1- respondent Taj Mohammad Khan assigned the said trade mark and Copyright 'Ped Chhap … the artistic work, lettering and colouring etc in the registered trade mark and has committed offences punishable under Section 78 and 79 of the Trade And Merchandise Marks Act, 1958 (hereinafter referred to as 'the Act No.

Flower Tobacco Company Vs. State and anr.

Court : Delhi

Subject : Intellectual Property RightsCriminal

Acts : Trade and Merchandise Marks Act, 1958 - Sections 78; Copyright Act, 1957 - Sections 63; Code of Criminal Procedure (CrPC) , 1973 - Sections 93

Reported in : 1986(2)ARBLR121(Delhi); 30(1986)DLT158

May 26, 1986. (8) On March 3. 1986 the accused moved an application under Section 64(2) of the Copyright Act, 1957 and Sections 451 and 459 of the Criminal Procedure Code for cancelling the order of seizure and allowing … lay out and arrangement. (3) On February 27, 1986 the complainant filed a complaint under Sections 78 and 79 of the Trade & Merchandise Mark Act, 1958 and Sections 63 and 64 of the Copyright (Amendment) Act,