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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 … which I was a party) in Microfibres Inc. v. Girdhar & Co. & Anr. RFA(OS) No.25/2006, decided on 28.05.2009 has recently interpreted Section 15 of the Copyright Act in the light of Section 2(c) of the Act

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 … Moulders case (supra) was of the view that mere registration of the trademark would not establish rights under section 28 of the Act to grant temporary injunction and that the balance of convenience in granting temporary injunction has … 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.

M/S Vrajlal Manilal and Co. Vs. M/S Bansal Tobacco Co.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Code of Civil Procedure (CPC) - 1908 - Order XXXIX Rules 1 and 2; Trade Merchandise Marks Act, 1958; Indian Copyright Act, 1957 - Sections 62 (2); Trademark & Merchandise Act, 1958 - Sections 28(1)

Reported in : 2001IIAD(Delhi)358; 89(2001)DLT780; 2001(58)DRJ184; 2001(2)RLR114

the said order.2. The plaintiff-Company has filed the suit for perpetual injunction, restraining infringement of trade mark and copyright, passing off the trade mark and rendition of accounts etc. against the defendant.3. The case of the plaintiff … in their favor under the provisions of the Trade Merchandise Marks Act, 1958 as per the statement/particulars below:'Trade Mark Reg.No. Dated Class User Products22 Label … the suit. That the jurisdiction of this Court is further attracted under Section 62(2) of the Indian Copyright Act, 1957.4. The learned counsel for the … ORDERMUKUL MUDGAL, J.1. This is an application, filed by the plaintiff under Order XXXIX Rules 1 & 2 CPC for confirmation of the ex-parte interim order, passed on 18th of March, 1998. By … marketing of its products of safety matches from 28th November, 1983 under its well-known and well-reputed trade

Marc Enterprises Pvt. Ltd. Vs. Five Star Electricals (India) and anr.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Trademark Act, 1999 - Sections 21, 28, 28(3), 29, 31, 47, 134 and 135; Indian Copyrights Act - Sections 51; Trade and Merchandise Marks Act, 1958 - Sections 28 and 31; Code of Civil Procedure (CPC) - Order 39, Rules 1 and 2

Reported in : LC2008(2)384

to Sections 28 and 31 of the Trade and Merchandise Marks Act, 1958. The submission of Mr. Anand, learned Counsel for the defendant is that … and by way of long use, the plaintiff had exclusive right over the trademark within the meaning of Section 28 and 29 of the Trademark Act and the plaintiff filed number of applications for registration of the trademark … suit under Sections 134 and 135 of Trademark Act, 1999 as well as under Section 51 of Indian Copyrights Act seeking permanent injunction against the defendant alleging therein that the defendant was infringing the trademark and logo … of trade mark as envisaged in the Trade Mark Act and the Rules framed there under, it appears to us that registration of a trademark

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 ?) … Rekha", pursuant to which a legal notice was served upon him on 28.02.1992, which was replied to by him. When such production activity continued in

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 … Pharmaceuticals Limited 1999 (2) Arb. L.R. 258, Madras in relation with Sections 28, 29 and 31 of the Act No. 43 of 1958, the Madras … is discretionary and analogous to those 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 the provisions contained in Sections 36

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 … to the respondent No.3.55. The trial before the Copyright Board commenced on 28.07.2009 and was followed through subsequent sittings ending on 12.07.2010. The fact that

Ti Diamond ChaIn Ltd. Vs. Mr. Santhokh Singh

Court : Delhi

Subject : Intellectual Property Rights

Reported in : 110(2004)DLT817; 2004(74)DRJ302; 2004(28)PTC400(Del)

Matched in: Citation 110(2004)DLT817; 2004(74)DRJ302; 2004(28)PTC400(Del)

Shaw Wallace and Co. Ltd. and anr. Vs. Superior Industries Ltd.

Court : Delhi

Subject : Intellectual Property Rights

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

Reported in : 105(2003)DLT586; 2003(27)PTC63(Del); 2003(3)RAJ224

Trade and Merchandise Marks Act, 1958. The plaintiff No. 1 also claims to have got registration of the copyright pertaining to the label used by it since the year 1983 by the registration No. 43438/83 dated 26.10.1983. … goods i.e. 'HAYWARDS 5000 SUPER STRONG BEER' and thus exclusive right are conferred by way of registration under Section 28 of the Trade and Merchandise Marks Act, 1958. The plaintiff No. 1 also claims to have got registration … disposes of is No. 6394/2003 filed by the plaintiffs under Order 39 Rules 1 & 2 read with Section 151 CPC & LA. No. 6584/2003

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 … hour pursuant to the order passed by the Calcutta High Court dated 28.9.2001. Attempts were made to obtain a licence from SCIL when ENIL came