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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

by its Senior Law Officer G. V.S. Jagannadha Rao, instituted the suit in OS No.555 of 1999 under Section 26 and Order VII, Rule 1 CPC and Sections 55 and 62 of the Copyright Act and Sections 27, … 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 … Sections 27, 105 and 106 of the Trade and Merchandise Marks Act, 1958, on the file of the II Additional Chief Judge, City civil Court,

M/S. Veerumal Praveen Kumar Vs. M/S. Needle Industries (India) Ltd. an ...

Court : Delhi

Subject : Intellectual Property Rights

Acts : Trade and merchandise Marks Act, 1958 - Sections 28, 29, 29(2), 30, 31, 34, 35, 46, 46(1), 105 and 106; Copyright Act, 1957 - Sections 1962; Code of Civil Procedure (CPC), 1908 - Sections 151 - Order 39, Rules 1 and 2; Designs Act, 1911 - Sections 51A and 53

Reported in : 93(2001)DLT600

Trade and merchandise Marks Act, 1958 (hereinafter referred to as the Act) read with section 1962 of the Copyright Act, 1957. The suit is in respect of Snap Fasteners and the respondents claimed relief against packaging with … stage of filing of the suit an interim application was also field by the respondents under order 39 rules 1 & 2, read with section 151 CPC begin is No. 8748/95. This application was disposed of by … to the judgment of Synthetic Moulders vs. Samperit Samperit Aktieregeselshaft 1980 RLR 263 to contend that interim injunction should be granted against the alleged infringer

Rajasthan Matsya Vyavasayee Sangh Vs. State of Rajasthan and ors.

Court : Rajasthan

Subject : Constitution

Reported in : AIR1991Raj72; 1990(2)WLN289

1057, it has been observed as under (at page 1061):'In relation to copyright, whether under common law or statute, 'Publishing' and 'Publications' are fundamantal expressions … to the averments made in the petition, the respondent No. 1 published draft amendment in the Rajasthan Fisheries Rules, 1958 vide Notification published in the Rajasthan Gazette (Part III--B) dated September 11, 1990 inviting objections to the proposed … of 1953 Act read with Section 23 of the General Clauses Act, 1897, which is para materia with Section 26 of the Rajasthan General Clauses Act, 1955. According to Shri Agrawal, the notification containing draft rules had in

T.V. Venugopal Vs. Ushodaya Enterprises and anr.

Court : Andhra Pradesh

Subject : Intellectual Property Rights

Acts : Companies Act; Code of Civil Procedure (CPC) , 1908 - Sections 26 - Order 7, Rule 1 - Order 39, Rules 1 and 2; Copyright Act, 1957 - Sections 2, 13, 13(1), 14, 17, 30, 34, 35, 40, 41, 44, 45, 45(1), 50, 51, 55, 62, 62(1), 72 and 72(2); Trade and Merchandise Marks Act, 1958 - Sections 4, 12(3), 27, 105 and 106; Trade Marks Act, 1940 - Sections 5, 8, 9, 10(1), 11, 12, 12(1), 12(3), 18, 27(1), 34 and 46 - Schedule - Rules 12 and 26; Trade and Merchandise Marks Rules; Specific Relief Act - Sections 41 and 41(1)

Reported in : 2001(2)ALT42

Companies Act, having its registered office at Hyderabad filed the suit in O.S. No. 555 of 1999 under Section 26 and Order VII Rule 1 of Code of Civil Procedure, Sections 55 and 62 of the Copyright Act, … Sections 27, 105 and 106 of The Trade and Merchandise Marks Act, 1958, seeking the following reliefs:(a) For a permanent injunction restraining the Defendants, their … application for registration of the trademark Eenadu in the class 3 of Schedule-IV to Trade and Merchandise Marks Rules in respect of the incense sticks and the same is pending consideration before the appropriate authorities. Thus the

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

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

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 … of the artistic work of the Appellant registered as Registration No.66496/04 dated 26.2.2004 from the Register of Copyright. As per the averments made in the

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 … an application which is the substance 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 similarly any mistake which may occur … 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 … seized. Subsequently appellant no. 1 was charged for commission of offences under section 120, 465 and 489 of the Indian Penal Code, which case is

The Gramophone Company of India Ltd Vs Super Cassette Industries Ltd.

Court : Delhi

Subject : Copyright Act

Acts : Copyright Act, 1957 - Sections 52(1)(j), 52A, 52(1)(j)(ii)

founded on the plain language of Section 52(1)(j) of the Copyright Act, 1957 and Rule 21 of the Copyright Rules, 1958 (The Rules) as amended. Ld. counsel for the Defendant submits that the following conditions need only be fulfilled … H. The learned Single Judge also seems to have overlooked Section 13 (4) read with Section 22 and Section 26. As per Section 13(4) an owners copyright in primary works remains unaffected by utilization of the said works

Sony Corp. Vs. Universal City Studios

Court : US Supreme Court

Subject : Land Acquisition

464 U. S. 431 occurred in this country, it has been the Congress that has fashioned the new rules that new technology made necessary. Thus, long before the enactment of the Copyright Act of 1909, 35 Stat. … Twenty-one of them, or almost 20%, authorize unrestricted home taping. [ Footnote 26 ] Second is the testimony of Fred Rogers, president of the corporation … videotape recorders (VTR's), and markets them through retail establishments, some of which are also petitioners. Respondents own the copyrights on some of the television programs that are broadcast on the public airwaves. Respondents brought an action against … 106 of the present Act is prefaced by the words "subject to sections 107 through 118." Those sections describe a variety of uses of copyrighted