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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 … S. Ravindra Bhat, J. 1. These appeals, under Section 72 of the Copyright Act, 1957, challenge the order of the Learned Copyright Board (hereinafter the Board ?) … expunged registration numbers A-51334/91, A-55885/99, and A-55885/99 upon the petition filed on 23.01.07 by the respondent/Applicant, Sudhir Bhatia (hereinafter, the respondent ?). The ground in

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)

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 … the said composite mark TAJ under the Trade and Merchandise Marks Act, 1958 and on completion of all procedure laid down under the said Act … of the appellant. (i) To protect the artistic work, as defined in Section 2(c) of the Copyright Act, 1957, the appellant applied for and duly … the mark/brand TAJ for continuous period of over 23 years, large scale advertisements and appreciable sale of … Civil Court at Calcutta in Title 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 appellant for restraining the respondents from

Najma Heptulla Vs. Orient Longman Ltd. and ors.

Court : Delhi

Subject : Media and CommunicationIntellectual Property Rights

Acts : Code of Criminal Procedure (CrPC) , 1973 - Order 39, Rule 1; Copyright Act, 1957 - Sections 17

Reported in : AIR1989Delhi63; 1988(2)ARBLR302(Delhi); 1989(1)Crimes597; 36(1988)DLT31; 1988(15)DRJ223

Before the book could be published, Maulana Azad died on 22nd February, 1958. After that on 25th March, 1958 Prof. Kabir wrote to National Archives … by Nooruddin was that, during his life time, Maulana Azad had made the oral gift of all the copyrights of his published and unpublished works and writings in his favor exclusively. This claim was disputed by Mohd. … B.N. Kirpal, J. (1) This order will dispose of the plaintiff's application under Order 39 Rules I and 2 for an injunction restraining the defendants from breaking the seals of the covers in which … has been defined, not that the definition is of any assistance, in Section 2Cd) as meaning 'in relation to a literary or dramatic work, the

Entertainment Network (India) Ltd. Vs. Super Cassette Industries Ltd.

Court : Supreme Court of India

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 2, 3, 4, 6, 11, 13, 13(4), 14, 14(1), 16, 17, 18, 19, 19A, 27, 30, 30A, 31, 31(1), 31(2), 31A, 31A(4), 32, 32(1A), 32A, 32B, 33, 33(3), 34, 34A, 34A(2), 35, 50, 51, 55, 63, 72, 74 and 78; Juvenile Justice Act; General Clauses Act; Copyright Rules, 1958 - Rules 3(3), 9, 11A, 11C(4), 11D, 14I, 14J and 14K; Constitution of India - Articles 14, 19(1) and 300A

Reported in : 2008(4)ALD47(SC); 2008(5)BomCR719; JT2008(7)SC11; LC2008(2)129; 2008(37)PTC353(SC); 2008(9)SCALE69; 2008AIRSCW6698; 2008(4)Supreme98; 2008(11)SCALE170; 2008(4)LH(SC)2638; 2008AIRSCW6698; 2008(4)LH(SC)2638

power to make rules. The Central Government in exercise of the said power framed rules known as 'The Copyright Rules, 1958' (for short 'the Rules').. Chapter V of the Rules deals with the provisions relating to Cooperative Societies. Relevant … S.B. Sinha, J.1. Leave granted.INTRODUCTION2. Interpretation of Section 31 of the Copyright Act, 1957 (for the sake of brevity, hereinafter referred to as, `the Act') is … word has been brought about by an amendment made by Act No. 23 of 1983. The words used prior to its amendment were `radio diffusion'.(v)

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 … Act, 1957 (Hereinafter referred to as the ‘CR Act’ for brevity), dated 23.6.2006 in respect of the following titles: I. Ee dehadinda dooranaade, II. My

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 … 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 (subject to … 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

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 … learned single Judge of Karnataka High Court in Syed Kaleem v. Mysore Lakshmi Beedi Works, 1993 Cri LJ 232, In view of Sections 78 and 79 of the Trade and Merchandise Marks Act, 1958 providing penalty for

Zino Davidoff Sa a Corporation Organized Under the Laws of Switzerland ...

Court : Karnataka

Subject : Education

suit who may not otherwise be in a position to file a suit at different places where his copyright was violated. The parliament while enacting the Trade and Merchandise Marks Act in the year 1958 was aware … the Registrar as to any entry, matter or thing that he is authorized by this Act or the rules to make or do shall be prima facie evidence of the entry having been made, and of the … plaintiff has its office at Bangalore as such suit was barred under Section 134 of the Trade Mark Act, 1999. It was also contended that … Muniyamma the 3rd defendant in the earlier suit O.S. 6496/89 died on 23.08.1993 and since her husband who is the 1st defendant in the same

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 … 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 substantiating … 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

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 … 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 … has been upheld, those provisions have to be given full effect to. 23. Mr. Bansal relied upon the passages from Intellectual Property Law by Lionel