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Super Cassette Industries Limited Vs. Bathla Cassette Industries Pvt. ...

Court : Delhi

Subject : Intellectual Property Rights

Acts : Copyright Act, 1956 - Sections 8; Copyright Act, 1957; Copyright Act, 1958 - Sections 10(3), 13(3), 52, 52(1) and 60; Copyright Rules, 1958 - Rule 21 and 21(2)

Reported in : 2003VIIIAD(Delhi)572; 107(2003)DLT91; 2003(27)PTC280(Del); 2004(1)RAJ69

52(1)(j) of the Copyright Act, 1958 (hereinafter referred to as the `Act') read with Rule 21 of the Copyright Rules, 1958. By the letter dated 10th June, 1986 the plaintiff claims to have paid a sum of Rs. 400/- … Mukul Mudgal J.1. This is an application for interim injunction in a suit asserting rights under Section 52(1)(j) of the Copyright Act(hereinafter referred to as `the Act). The plaintiff company is the manufacturer, producer and

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

of 1999 under Section 26 and Order VII, Rule 1 CPC and Sections 55 and 62 of the Copyright Act and Sections 27, 105 and 106 of the Trade and Merchandise Marks Act, 1958, on the file … vindication of 'the exclusive right to the use of the trade mark in relation to those goods' (vide Section 21 of the Act). The use by the defendant of the trade mark of theplaintiff is not essential in … particularly in Class-3 of the Schedule to the Trade and Merchandise Marks Rules, 1959 in which the incense slicks are included. According to the defendant,

Amar Nath Chakroborty Vs. Dutta Bucket Industries and ors.

Court : Kolkata

Subject : Intellectual Property Rights

Acts : West Bengal Sales Tax Act, 1994; ;Code of Civil Procedure (CPC) - Order 2, Rule 2 - Order 39, Rules 1 and 2; ;Trade and Merchandise Marks Act, 1958 - Sections 12. 21, 23(2), 30(1), 31(1) and 115 - Rule 65(1); ;Trade and Merchandise Marks Rules, 1959; ;Copyright Act, 1957 - Section 2

Reported in : 2005(2)CHN278,2005(31)PTC415(Cal)

certificate of registration of his place of business according to West Bengal Sales Tax Act, 1994.4) According to Section 21 of the Trade and Merchandise Marks Act, 1958, a person who has any time grievance or objection against … instance of a plaintiff in a suit for declaration and injunction alleging violation of registered Trade Mark and copyright and also complaining 'Passing Off' and is directed against Order No. 31 dated 27th April, 2004 passed by … Suit No. 27 of 2003 thereby rejecting an application under Order 39 Rules 1 and 2 of the Code of Civil Procedure filed by the

Event and Entertainment Management Association Vs. Union of India and ...

Court : Delhi

Subject : Societies Registration

Acts : Societies Registration Act, 1860; Copyright Act, 1957 - Sections 33, 31, 36, 35, 18; Constitution of India - Articles 14, 19(1)(g); Copyright Rules, 1958 - Rule 14H

commercially exploited. Copyright societies collect royalties after deduction of administrative expenses as prescribed under Rule 14H of the Copyright Rules, 1958 (CR Rules) which are distributed amongst the members of the copyright societies in proportion to the actual use … members of the copyright societies. Functioning of copyright societies in other jurisdictions 21. The system of having copyright societies to fix and administer royalties and … played or performed. 3. Respondent No. 1 has registered PPL and IPRSL as copyright societies in terms of Section 33 of the Copyright Act, 1957 (CR Act). While PPL is registered as a copyright society for sound

Gramophone Co. of India Ltd. Vs. Mars Recording Pvt. Ltd. and ors.

Court : Karnataka

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 18, 19, 20, 30, 51, 52 and 52(1); Copyright Rules - Rule 21

Board in this behalf. Sub-clause (ii) of Section 52 shall be read in conjunction with Rule 2 of Copyright Rules, 1958, which deals with making of records.7. The learned counsel for the appellant has vehemently argued that if Section … above, there is no dispute that the respondent has complied with the requirement of Section 52(j)(ii) r/w Rule 21 of the Rules by issuing a notice of his intention to make a sound recording has provided copies

M/S. Mars Recording Private Limited Vs. M/S, Saregama India Limited

Court : Karnataka

Subject : MRTP

with the following requirements in issuing the respective notices of intention as enumerated under Rule 21 of the Copyright Rules, 1958 (Hereinafter referred to as the ‘1958 Rules’, for brevity): (a) the details of work in respect of which … for Smt. Gayathri Balu, Advocate for M/s. Khaitan and Company) …RESPONDENT ***** This Regular First Appeal filed under Section 96 of the Code of Civil Procedure, 1908, against the order dated 22.9.2008, passed in O.S.No.6671/2006 on the

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

Court : Delhi

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)

Merchandise Marks Act, 1958 claiming infringement of trademark based on right in the trade mark and passing off.b) Copyright Act, 1957 for infringement of registered and unregistered copyright andc) Designs Act, 2000 for infringement of registered design5. … one under Order VII Rule 11 of the Code of Civil Procedure and the second as one under Section 21 of the Code, de hors their garb both applications are under Order VII Rule 10 of the Code … Court. Though the first application is styled as one under Order VII Rule 11 of the Code of Civil Procedure and the second as one

Zahir Ahmed Vs. Azam Khan

Court : Kolkata

Subject : Criminal

Acts : Trade and Merchandise Marks Act, 1958 - Sections 14, 17, 44, 45, 51, 55, 72, 73, 74, 78 and 79; ;Copyright Act, 1957 - Sections 13, 14, 16, 17, 27, 44, 45, 48, 53A and 63; ;Partnership Act - Section 69; ;Copyright Rules, 1958 - Rules 16, 17 and 27; ;Code of Criminal Procedure (CrPC) , 1974 - Sections 156(3) and 482; ;Indian Penal Code (IPC), 1860 - Sections 156(3), 415, 420 and 511

Reported in : 1996CriLJ290

44, 45, 72, 73 and 74 of the Act, read with Rules 16, 17 and 27 of the Copyright Rules, 1958 sought to contend that no exclusive right, within the meaning of Section 14 of the Act, could be … and the entire production is earmarked for and sold and exported to Soudi Arabia. It was found on 21-4-1994, and subsequently ascertained that the accused had imitated the tin container which was being used by the complainant

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 … acceptance of such application before its registration, neither there has been any opposition to the said registration under Section 21. Section 23 requires the Registrar to register the trade mark, where the procedure for registration has been completed … provided under Section 135 of the Trade Marks Act, 1999, The general rules governing the grant of injunction in trade mark cases are based on

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) ;

the user there of by a person who is not otherwise authorised to do so would constitute infringement. Section 21 of the 1958 Act provides that where an application for registration is filed, the same can be opposed. … 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 … that the entire object of including the 4th Schedule in the Trademark Rules is that marks are to be registered for the goods and services