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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) ;

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 … the suit was in fact governed by Trade & Merchandise Marks Act, 1958 and not by the Trade Marks Act, 1999 which came into force … a descriptive term.43. The appellant submitted 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 for the purpose for which they … mark `Eenadu'.13. The Second Additional Chief Judge, City Civil Court, Hyderabad on 24.11.1999 had granted an ex-parte ad interim injunction restraining the appellant from using

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 … any artistic work defined in section 2(c) of the Copyright act, 1957. 24. It needs to be emphasized that it is not necessary that in … 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 ?)

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 … Director Mr. Vikas Jain, Son of Sri Suresh Kumar Jain, Aged about 24 years. (By Shri. Arvind Kamath .K, Advocate) AND: M/s. Saregama India Limited, … 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

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 … name Eenadu in any manner and 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, the copyright registration said to have … decreed the suit filed by the plaintiff by judgment and decree dated 24-7-2000 in the following terms, viz.,'In the result, the suit is decreed with

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 … Copyright order by a notification published in the Gazette of India on 24.3.1999. It defines `Berne Convention Country' to mean a country which is a

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

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 … Tariffs fixed by PPL and IRPSL not an arbitrary exercise of power 24. The contention on behalf of EEMA that by delegating all the powers

Phonographic Performance Ltd. and Ors. Vs. Uoi and Ors

Court : Delhi

Subject : Land Acquisition

the Copyright Board on payment of such fee as may be prescribed. Rule 26 sub-clause (1) of the Copyright Rules, 1958, provides that all the fees payable under the said Act shall be as specified under the Second Schedule. … this common judgment.4. The first petitioner is a Company, registered as a Copyright Society under the provisions of Section 33 of the Copyright Act, 1957 (hereinafter referred as „the said Act‟). This registration entitles the first petitioner

Raj Kumar Saraf, Proprietor M/S. Bindal Food Produ Vs. M/S. Vaidya Nan ...

Court : Delhi

Subject : Intellectual Property

obligatory upon the respondent to give a notice to the petitioner in terms of rule 16(3) of the Copyright Rules, 1958 while making an application to the Registrar for registration. Petitioner has claimed that the proprietors on both the … may be briefly delineated as follows.3. The Respondent - Vaidya Nandram Gigraj Chamaria had filed an application under Section 50 of the Copyright Act, 1957 before the Copyright Board for expunging/deleting the registration of the artistic work … given by the Appellant in a local newspaper, namely, Sandhya Times on 24.11.2004, thus compelling the Respondent to file the rectification petition before the Copyright

Sterling Machine Tools Vs. the Central Government and ors.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 45 and 45(1); Trade and Merchandise Marks Act, 1958 - Sections 2; Trade and Merchandise Marks Rules, 1959 - Rules 24, 24(1), 24(3) and 40

Reported in : 2009(41)PTC481(Del)

respondent No. 7 had applied for the said certificate under TM Form No. 60 for registration under the Copyright Act, 1957. The said certificate is required under the proviso to 45(1) of the Copyright Act, 1957.3. Counsel … registered as a trade mark under the Trade and Merchandise Marks Act, 1958 (43 of 1958) in the name of, or that no application has … to be made and for issue of certificate under Sub-section (1) of Section 45 of the Copyright Act, 1957 (14 of 1957) to the effect … my attention to similar requests made by the petitioner under Rule 24(1) of the Trade and Merchandise Marks Rules, 1959 in Form TM-54 dated 18th March, 1993 and dated 18th February, 1994 in respect of the trade