Advanced Search Results

Mr. Sudhir Bhatia and ors. Vs. M/S Midas Hygiene Industries (P) Ltd.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Copyright Act, 1991; Copyright (Amendment) Act, 1999; Indian Penal Code (IPC), 1860 - Sections 120, 465 and 489; Trade and Merchandise Marks Act, 1958 - Sections 22; Trade and Merchandise Marks Rules, 1959 - Rule 26; Code of Civil Procedure (CPC), 1908 - Rule 2(3)

Reported in : 94(2001)DLT639

product over which the respondents claim exclusive rights.2. The respondent filed a suit for perpetual injunction, infringement of copyright, passing off and delivery up etc. in respect of the trademark LAXMAN REKHA. It was stated in the … any application has been made under the Trade and Merchandise Marks Act, 1958 for registration by any other person of a deceptively similar mark. This … class, user and specification of goods could not be permitted. It was held that an amendment contemplated under section 22 of the Trade and Merchandise Marks Act cannot permit a change in the class of an application which … of the matter as rule 26 of the Trade and Merchandise marks Rules, 1959 contemplates one application for one class. It was further held that

The Federation of Hotels and Restaurants Association of IndiA. Vs. Uni ...

Court : Delhi

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 2(ff), 13, 33(3), 34(3), 34, 78, 2(dd), 1 (2), 35 - Chapter 14 ; Constitution of India - Articles 226, 14, 19(1)(g), 12 ;

the Central Government to make Rules for carrying out the purposes of the statute. Chapter V of the Copyright Rules, 1958 framed pursuant thereto, concerns the registration and functioning of Copyright and Performing Societies, such as IPRS and PPL. … filed under Article 226 of the Constitution of India for the issuance of an appropriate writ striking down Sections 2(ff), 13, 33(3), 34(3) of the Copyright Act, 1957 as these provisions are perceived by the Petitioners as … (1) These Civil Writ Petitions have been filed under Article 226 of the Constitution of India for the issuance of an appropriate writ

Bharat Glass Tube Limited Vs. Gopal Glass Works Limited

Court : Supreme Court of India

Subject : Intellectual Property Rights

Acts : Designs Act, 2000 - Sections 1, 1(3), 2, 3, 4, 5, 6, 7, 9, 10, 11, 11(2), 12, 17, 18, 19, 22, 32, 36, 37, 44 and 51; Designs Act, 1911 - Sections 51A; Trade and Merchandise Marks Act, 1958 - Sections 2 and 2(1); Indian Penal Code (IPC), 1860 - Sections 479; Copyright Act, 1957 - Sections 2; Registered Designs Act, 1949; Designs Rules, 2001 - Rules 11 and 29

Reported in : AIR2008SC2520; LC2008(2)173; (2008)5MLJ939(SC); 2008(37)PTC1(SC); 2008(8)SCALE4; (2008)10SCC657; 2008AIRSCW3509; 2008AIRSC2520; [2008] 7 SCR 397

valid for a period of 10 years from the date of its registration. The respondent claimed the exclusive copyright in India on the said design applied to glass sheets. It was claimed that no other person has … Sub-section (1) of Section 2 of the Trade and Merchandise Marks Act, 1958 (43 of 1958) or property mark as defined in Section 479 of … time refer any such petition to the High Court, and the High Court shall decide any petition so referred.Section 22 deals with piracy of registered design. Chapter VI deals with fees, notice of trust not to be entered … (hereinafter to be referred to as the Act of 2000) and the Rules framed thereunder. For production of glass sheets of the design registered as

Kirloskar Diesel Recon Pvt. Ltd. and Another Vs. Kirloskar Proprietary ...

Court : Mumbai

Subject : Intellectual Property Rights

Acts : Trade and Merchandise Marks Act, 1958 - Sections 2, 9, 34, 105 and 106; Code of Civil Procedure (CPC), 1908 - Order 39 - Rules 1 and 2; Companies Act, 1956 - Sections 22 and 299 ; Copyright Act, 1957

Reported in : AIR1996Bom149; 1996(2)BomCR642; (1996)98BOMLR972; MANU/MH/0033/1996

the registered holder of the Artistic word 'Kirloskar' in English, Hindi and Marathi under the provisions of the Copyright Act, 1957. The respondents 2 to 5 are the licensees and registered users of various trade marks and/or … various trademarks under the provisions of the Trade and Merchandise Marks Act, 1958 (for short, 'the Act') and also the registered holder of the Artistic … the provisions of the Companies Act, 1956 after following the requisite procedure and observing necessary guidelines as per Section 22 thereof and such allotment could have been challenged within a period of one year therefrom which the respondents … the III Additional District Judge, Pune in respondents' applications under Order XXXIX, Rules 1 and 2 of the Code of Civil Procedure, 1908 for grant

Midas Hygiene Industries Pvt. Ltd. Vs. Sudhir Bhatia

Court : Delhi

Subject : Intellectual Property

said trademarks, and challenging the said registration on several grounds such as non-compliance with Rule 16 of the Copyright Rules, 1958, lack of originality in the artistic works of Midas, the lack of proper assignment between Midas and its … configuration, pattern, or ornament and these must be applied (or intended to be applied in the words of Section 22 of the Copyright Act) to any article by way of industrial means or process. Section 22 emphasises the

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 … investigation in G.R. Case No. 1000 of 1994, arising out of Section 'K' Calcutta Case No. 255 dated 22-4-1994, for the reasons stated and on the grounds made out therein.2. The Opposite Party No. 1-complainant-Azam Khan (hereinafter

Carlsberg Breweries a/S vs.som Distilleries and Breweries Ltd.

Court : Delhi

Subject : MRTP

the question whether a passing off remedy is maintainable in the context of a complaint for infringement of copyright in the design (hereafter for clarity referred to as “design right” and “design infringement” to avoid confusion with … consider infringement of trade mark under the 1957 Act as also the 1958 Act.” Later the court held that: “For the purpose of invoking the … II Rule 3 - counsel stressed, should be read with Order I Rules 1 and 3. Two fundamental principles underlie Orders I and II, namely, … Section 19, the suit is necessarily required to be transferred to the High Court under the provisions of Section 22(4) of the Designs Act. In our opinion, the manner in which the scheme of the Designs Act operates,

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

15 of the Copyright Act, 1957. In the Copyright Act, 1956 (England) there is a provision similar to Section 22 of English Copyright Act, 1911. Perhaps the English Parliament thought Section 10 of the Copyright Act, 1956 would … period of copyright is made to the Controller in the prescribed manner, the Controller may, subject to any rules under this Act, on payment of the prescribed fee, extend the period of copyright for a third period … sub-section (1) of section 2 of the Trade and Merchandise Marks Act, 1958 (43 of 1958), or property mark as defined in section 479 of

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

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

Section 2 that various sub-clauses of the Trade and Merchandize Marks Act 1958 as well as the definition under Section 2 of the Copyright Act … the copyright, the learned senior counsel relied on Sections 14, 16, 17, 22, 23 and 51 to 55 of the Copyright Act 1957.13. Then for … phonetic and visual aspects of the registered trade mark, 'SUMEET' by way of committing the infringement of the copyright of the plaintiff in their artistic work, containing in Document Nos. 1 to 3 filed along with the … Power Control and Appliances Company, against both the respondents herein, under Order 14, Rule-8 of the Original Side Rules, read with Order 39, Rules-1 and 2 of Civil Procedure Code, seeking the relief of adinterim injunction to