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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

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 … of copyright and mode of assignment respectively. Section 19 deals with disputes with respect to assignment of copyright. Section 27 provides for the term of copyright in sound recording in the following terms:27. Term of copyright in sound

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

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

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) … 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

The Sidhpur Sat-isabgol Factory Vs. Delhi Sat-isabgol Industries

Court : Delhi

Subject : Intellectual Property Rights

Acts : Trade and Merchandise Marks Act, 1958; Copyright Act - Sections 2

Reported in : 93(2001)DLT228

of its manufacture and sale, specimen of which is Mark A-1. Thus it is also owner of the copyright of the said pound and has got an exclusive right to the reproduction thereof in any material from … The plaintiff also holds registration under the Trade and Merchandise Marks Act, 1958 under No. 159047 as of 1.6.1953; 197082 as of 25.7.1960 and 275126 … amounts to not only infringement of copy right within the meaning of Section 2(c) of the Copyright Act as the plaintiffs are the proprietors and … is the most common form of passing off it is only a special instance of a more genera rule that any misrepresentation calculated to give one trader the benefit of another's goodwill is actionable. (Clerk and Lindsell … as of 1.6.1953; 197082 as of 25.7.1960 and 275126 as of 21.9.1971. Thus registrations are valid, subsisting

Smithkline Beecham Consumer Healthcare Gmbh and ors. Vs. G.D. Rathore ...

Court : Delhi

Subject : Intellectual Property Rights

Acts : Code of Civil Procedure (CPC) , 1908 - Order 39, Rules 1 and 2

Reported in : 2002(25)PTC243(Del)

against passing off is specially excluded under the Act as there is no section similar to that of Section 27 of the Trade and Merchandise Marks Act, 1958. The aforesaid submission was considered by me after taking notice … S.K. Mahajan, J.1. Plaintiff claiming themselves to be the owners of the copyright in the precision moulds used for manufacturing toothbrushes under the name and style of DR. BEST, AQUAFRESH FLEX, … business as those of the plaintiff. The interim application under Order 39 Rules 1 and 2 CPC being LA. No. 9450/96 was argued by plaintiffs

Dabur India Ltd. Vs. K.R. Industries

Court : Supreme Court of India

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 25C, 55, 55(1), 62, 62(1) and 62(2); Trade Marks Act, 1958 - Sections 27(2), 55, 106 and 106(2); Trade and Merchandise Marks Act, 1958; Trade Marks Act, 1999 - Sections 134, 134(2), 135 and 135(1); Copyright Act; Code of Civil Procedure (CPC) , 1908 - Sections 20 and 94 - Order 2, Rules 2 and 3 - Order 7, Rules 7 and 11; Code of Criminal Procedure (CrPC) , 1973 - Sections 125

Reported in : AIR2008SC3123; 2008(4)AWC3515(SC); LC2008(2)215; (2008)5MLJ1394(SC); 2008(37)PTC332(SC); 2008(8)SCALE385; (2008)10SCC595; 2008AIRSCW5265; 2008(3)LH(SC)2121

any of them actually and voluntarily resides or carries on business or personally works for gain.Sub-section (2) of Section 27 of the 1958 Act reads:27. No action for infringement of unregistered trade mark. - (1) ...(2) Nothing in … was alleged that the said carton constituted an `artistic work' within the meaning of Section 25-C of the Copyright Act, 1957 (the 1957 Act). Respondent is said to have been using an identical colour scheme lay out, … imposed - Appeal dismissed - CODE OF CIVIL PROCEDURE, 1908. Order 2, Rules 2 & 3: [S.B.Sinha &Lokeshwar Singh Panta, JJ] Joinder of causes of

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 … Act for it to be entitled to protection under the Designs Act. 27. Under the Designs Act, a copyright has a different connotation from a … 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 ?)

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 … 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 … Counsel for the appellant-defendant has submitted that the present original suit filed by the plaintiff-respondents was barred under Section 27(1) of the Act, 1999, since no person was entitled to institute any proceeding to prevent or to recover

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

over the globe have instituted the suit against the defendants stating that the defendants have infringed the plaintiff's copyright in drawings; the defendants are passing off their goods and they are imitating the trade dress in making … 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 … The case debated on the decisive factor in passing off under Sections 27(2), 29 & 106 of the Trade and Merchandise Marks Act, 1958 -