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Aug 30 1996

Jg Vacuum Flask Limited Vs. Eagle Flask (P) Limited

Court : Delhi

Decided on : Aug-30-1996

Subject : Intellectual Property Rights

Acts : Design Act, 1911 - Sections 51A

Reported in : 1996IVAD(Delhi)258; 1996(26)ARBLR518(Delhi); 70(1997)DLT255; 1996(39)DRJ43

dated 16th April, 1984 in the name of respondent No. 1 filed under Section 51A of the Designs Act, 1911. (2) It is alleged that respondent No. 1 filed a suit No.10/95 in the court of the Additional … 16th April, 1984 in the name of respondent No. 1 filed under Section 51A of the Designs Act, 1911. (2) It is alleged that respondent … Devinder Gupta, J. (1) This is a petition for cancellation of registration design No-154305 in class 3 dated 16th April, 1984 in the name of respondent No. 1 filed under Section

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Apr 18 1988

Joginder Singh Vs. Tobu Enterprises (P.) Ltd.

Court : Delhi

Decided on : Apr-18-1988

Subject : Intellectual Property Rights

Acts : Design Act, 1911 - Sections 51A

Reported in : AIR1989Delhi81; 1988(2)ARBLR260(Delhi); 35(1988)DLT71

B.N. Kirpal, J. (1) The petitioner has filed the present petition under Section 51A of the Design Act, 1911 for the cancellation of the registered design of the respondent in respect of tricycles and seats being manufactured … B.N. Kirpal, J. (1) The petitioner has filed the present petition under Section 51A of the Design Act, 1911 for the cancellation of the registered design of the respondent in respect

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May 24 1994

National Trading Co. Vs. Monica Chawla

Court : Delhi

Decided on : May-24-1994

Subject : Intellectual Property Rights

Acts : Design Act, 1911 - Sections 51A

Reported in : AIR1994Delhi309; 1995(1)ARBLR40(Delhi); 1994(29)DRJ489

J.K. Mehra, J. (1) This is a petition under Section 51A of the Designs Act,1911 for the cancellation of the design No-163216 in Class I dated 6th May, 1991 registered in the name … J.K. Mehra, J. (1) This is a petition under Section 51A of the Designs Act,1911 for the cancellation of the design No-163216 in Class I dated 6th May,

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Mar 18 2002

Officine Lovato S.P.A. Vs. Raajan Automobiles (P) Ltd. and ors.

Court : Chennai

Decided on : Mar-18-2002

Subject : Intellectual Property Rights

Acts : Patents Act, 1970 - Sections 133; Designs Act, 1911 - Sections 51A

Reported in : 2003(27)PTC343(Mad)

Singh v. S.P. Engineering Works, 1982 (2) PTC 193, after considering various provisions of the Patents and Designs Act, 1911, a Single Judge of this Court held that once a design was registered, prima facie, it was only … invalidating the registered design of the plaintiff. As such it was clearly without jurisdiction. The effect of reading Sections 43, 47, 51A and 53 together is that so long as the copyright conferred on the plaintiff by

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Jan 29 2010

Godrej Sara Lee Limited Vs. Reckitt Benckiser Australia Pty. Ltd. and ...

Court : Supreme Court of India

Decided on : Jan-29-2010

Subject : Intellectual Property Rights

Acts : Designs Act, 2000 - Sections 2, 19, 19(1), 19(2), 22(2), 22(3) and 22(4); ;Designs Act, 1911 - Sections 51A, 51A(1), 51A(2), 53 and 54; ;Patents Act, 1970; ;Patents Rules, 1972; ;Customs Act, 1962 - Section 130; ;Code of Civil Procedure (CPC) - Section 20; ;Constitution of India - Article 227

Reported in : JT2010(2)SC148,LC2010(1)101,2010(1)SCALE714,(2010)2SCC535

in making a comparison between the provisions relating to cancellation of designs under Section 51A of the Designs Act, 1911 and Section 19 of the Designs Act, 2000. Mr. Dave urged that while Section 51A of the 1911 … jurisdiction of the Delhi High Court, Mr. Dave concluded on the note that after the enactment of the Design Act, 2000, it is only the Controller of Designs before whom an application can be made under Section 19 … Chander Lall, learned advocate, appearing for the Respondent No. 1, referred to Sections 19 and 22(2)(b) read with Section 22(3) of the Designs Act, 2000,

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Sep 27 2005

A.C. Footwear Co. and anr. Vs. Deiem (India) Pvt. Ltd. and anr.

Court : Delhi

Decided on : Sep-27-2005

Subject : Intellectual Property Rights

Acts : Designs Act, 1911 - Sections 51A; Design Act, 2000 - Sections 2, 19, 19(1), 48, 48(2) and 48(4); General Clauses Act, 1897

Reported in : 124(2005)DLT278; 2006(32)PTC91(Del)

Sanjay Kishan Kaul, J.1. The petitioner has filed this petition under Section 51A of the Designs Act, 1911 (hereinafter referred to as the `1911 Act') for cancellation of design No.166627 … v. Pikpen (P) Ltd. 2003 (27) PTC 538. The relevant Section 48 is as under :'48.Repeal and Savings.-(1)The Design Act, 1911 (2 of 1911) is hereby repealed. (2)Without prejudice to the provisions contained in the General Clauses Act, 1897

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Dec 24 1976

Brighto Auto Industries Vs. Raj Chawla

Court : Delhi

Decided on : Dec-24-1976

Subject : Intellectual Property Rights

Acts : Design Act, 1911 - Sections 2(5)

Reported in : ILR1978Delhi120; 1977RLR158

view mirrors. Their design of this mirror was registered at No. 139585 in class I under the Designs Act, 1911 on 28-2-1972. The present petition has been preferred by Messrs Brighto Auto Industries, a partnership firm, engaged in … the Designs Act, 1911. The parties are left, however, to bear their own costs. Designs Act, 1911 - Sections 2(5), 43 and 51A--Terms `New' and `Original' defined--To secure recognition for its newness or originality, it is imperative

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May 06 2008

Schreder S.a and anr. Vs. Twinkle Luminaries Pvt. Ltd.

Court : Delhi

Decided on : May-06-2008

Subject : Intellectual Property Rights

Acts : The Designs Act, 1911 - Sections 2(5), 51A and 53; Code of Civil Procedure (CPC) - Order 39, Rules 1 and 2

Reported in : AIR2008Delhi137; 150(2008)DLT187; 2008(103)DRJ588; LC2008(3)184; 2008(37)PTC343(Del)

1 that it is the registered proprietor of several designs in India under the provisions of The Designs Act, 1911 in respect of luminaires which include design registration nos. 170084, 182340 and 182343. It is alleged that the … the infringing products prior to these dates. Consequently, this issue is also decided against the defendant.Issue No. 3:11. Section 53 of the said Act reads as under:53. Piracy of registered design. - (1) During the existence of … such prior publication was a ground for cancellation of registration under Section 51A of the said Act. But, this cannot be taken as a defense

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Feb 01 2002

Pravinbhai Jagjivandas Mehta Vs. Officine Lovato S.P.A.

Court : Gujarat

Decided on : Feb-01-2002

Subject : Intellectual Property Rights

Acts : Designs Act, 1911 - Sections 51A and 53; Designs (Amendment) Act, 2000 - Sections 22; Code of Civil Procedure (CPC) , 1908 - Order 39, Rules 1, 2 and 4

Reported in : 2002(25)PTC161(Guj)

Act.15. In the application for interim injunction in a suit complaining of infringement under Section 53 of the Design Act, 1911, a Full Bench of the Delhi High Court presided by Hon'ble Chief Justice, Mr. S.N. Variava (as His … not necessary to refer to or discuss various authorities cited at the Bar regarding interpretation of provisions of Sections 51A and 53 of the Designs Act, 1911 as the controversy in question is governed by the provisions of

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May 26 1983

The Wimco Limited Vs. Meena Match Industroies

Court : Delhi

Decided on : May-26-1983

Subject : Intellectual Property Rights

Acts : Design Act, 1911 - Sections 51A

Reported in : AIR1983Delhi537; ILR1984Delhi121; 1983RLR631

8/81 succeeds. The Design No. 146498 dated January 5, 1978 in class 5 of the Schedule under the Design Act, 1911 is hereby ordered to be cancelled. The Controller of Designs, Calcutta be intimated accordingly. Suit No. 415 of … facts of these cases, the parties shall bear their own costs.--- *** --- (i) Designs Act, 1911 - Sections 51A & 53--Petition for cancellation and action for infringement--design invalid--prior publication in India; not new or original--Section 2(5) mere

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