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Girdhari Lal Gupta Vs. K. Gian Chand JaIn and Co., Delhi-6

Court : Delhi

Subject : Intellectual Property RightsCivil

Acts : Designs Act, 1911 - Sections 2(7) and 51-A

Reported in : AIR1978Delhi146; 14(1978)DLT132

Court of Delhi has jurisdiction to entertain the applications made by the respondents under S. 51-A of the Designs Act, 1911 (as amended) (hereinafter referred to as the Act), have been referred to the Full Bench for a fuller … B. The appellant has got two designs 131357 and 131364 registered in the Register of Designs maintained under Section 46 of the Act. C. These designs had, however, been published in India in respect of laces prior

Niki Tasha India Pvt. Ltd. Vs. Faridabad Gas Gadgets Pvt. Ltd.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Designs Act, 1911 - Sections 51-A and 53; Patent and Designs Act, 1883 - Sections 33; English Act, 1949 - Sections 53(2); Registered Designs Act, 1949 - Sections 7, 11 and 26; Patents, Designs and Trade Marks Act, 1883; Code of Civil Procedure (CPC), 1908 - Order 39 Rules 1 and 2; ;Indian Act, 1911

Reported in : AIR1985Delhi336; 26(1984)DLT355

on the Original Side of this Court for cancellation of the plaintiffs' design under Section 51-A of the Designs Act, 1911 ('the Act') on a variety of grounds and the said application is tending decision. Sixthly, it is said

Western Engineering Company Vs. America Lock Company

Court : Delhi

Subject : Intellectual Property Rights

Acts : Patents and Designs Act, 1911 - Sections 51A

Reported in : ILR1973Delhi177

registration of a design of horse-shoe shape cycle lock used for locking bicycles, under the Indian Patents and Designs Act, 1911. This design was registered and allotted the number 125728 on 25th May, 1965. The former firm, i.e., America … for horse-shoe shaped cycle lock. (2) On 22nd November, 1966, the America Lock Company instituted a petition under Section 51-A of the Indian Patents and Designs Act, 1911, for the cancellation of the design registered in favor

National Trading Co. Vs. Monica Chawla

Court : Delhi

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, 1991

Ravinder Kumar Gupta Vs. Ravi Raj Gupta and ors.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Design Act, 1911 - Sections 51A

Reported in : 1986(1)ARBLR473(Delhi); 29(1986)DLT190; 1986RLR93

D.P. Wadhwa, J. (1) This is a petition under section 51-A of the Designs Act, 1911 (for short the 'Act') for cancellation of design No. 150873 in class 4by the Controller of Patents and

Bajaj Auto Ltd., State of Maharashtra Rep. by S. Ravikumar Vs. Tvs Mot ...

Court : Chennai

Subject : Intellectual Property Rights

Acts : Patents Act, 1970 - Sections 2, 10, 11, 11(2), 11(3), 11B(1), 11B(3), 12, 12(1), 13, 13(1), 13(4), 25, 26(1), 43, 47, 48, 53(1), 64, 104A, 105, 106 and 108; Patents (Amendment) Act, 2002 - Sections 48; Patents (Amendment) Act, 2005; Motor Vehicles Act; Patents Act, 1949; Patents and Designs Act, 1911 - Sections 12; Code of Civil Procedure (CPC) - Order 39, Rules 1 and 2; Designs Act, 1911 - Sections 2(8), 26(1), 51 and 53

Reported in : (2008)ILLJ726Mad; LC2008(1)217; 2008(36)PTC417(Mad)

and quo is the monopoly granted for the term of the patent. Section 12 of the Patents and Designs Act, 1911 sets out that a patent once granted confers on the patentee the exclusive privilege of making, selling and … Full Bench of the Delhi High Court has not accepted both the above decisions, by harmoniously construing Sections 51 and 53 of the Designs Act, in the following words:33. Therefore, in our view, neither the extreme view

indo Asahi Glass Co. Ltd. Vs. Jai Mala Roller Glass Ltd. and Another

Court : Delhi

Subject : Arbitration

Reported in : 1995IAD(Delhi)110; 1995(1)ARBLR289(Delhi); 57(1995)DLT72; 1995(33)DRJ317

me by the learned Counsel for the parties, it is useful to refer to certain provisions of the Designs Act, 1911. Section 2(4) of the said Act means exclusive right to apply a design in respect of any article in … been registered in favor of the plaintiff and the same is liable to be cancelled in view of Section 51 of the Designs Act. Another plea taken by defendant No. 1 is that the design in question was

M/S. Kemp and Company and Another Vs. M/S. Prima Plastics Ltd.

Court : Mumbai

Subject : Intellectual Property Rights

Acts : Designs Act, 1971 - Sections 43, 45, 46(3), 47, 49, and 53; Code of Civil Procedure (CPC), 1908 - Order 39, Rules 1 and 2 - Order 40; Design Act, 1911 - Sections 2(5) and 51-A; Trade and Merchandise Marks Act, 1958 - Sections 2; Indian Penal Code (IPC), 1860 - Sections 479

Reported in : 1999(1)ALLMR64; 1999(1)BomCR239

virtue of registration of the said design, the 1st Plaintiff being registered Proprietor under the provisions of the Designs Act, 1971, claims copy rights and exclusive rights to apply the said design and to use, manufacture for the … cancellation of the registered design bearing No. 169723 of the 1st plaintiff under section 51-A of the Design Act, 1911 before the Controller of Patent and Design on the ground that the design had been published in India

Power Control and Appliances Co. and Another Vs. Sumeet Machines Pvt. ...

Court : Chennai

Subject : Intellectual Property Rights

Acts : Code of Civil Procedure (CPC), 1908 -Order 14, Rule 8 - Order 19, Rule 3 - Order 39, Rules 1 and 2 - ; Evidence Act, 1872 - Sections 115; Trade and Merchandise Marks Act, 1958 - Sections 2, 79; Designs Act; Copyright Act, 1957 - Sections 12, 14, 16, 17, 22, 23, 51, 55. 81 and 96; Patents and Designs Act, 1911

Reported in : AIR1993Mad120

the learned senior counsel drew my attention to the registration certificate of the designs under the Patents and Designs Act 1911 issued by the authorities constituted under the Act over five designs being adopted and followed by the applicants … learned senior counsel relied on Sections 14, 16, 17, 22, 23 and 51 to 55 of the Copyright Act 1957.13. Then for substantiating the exclusive … case on behalf of the applicant, the learned senior counsel drew my attention to the definition provided under Section 2 that various sub-clauses of the Trade and Merchandize Marks Act 1958 as well as the definition under

Microforms Inc Vs. Girdhar and Co. and ors.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 2, 13(1), 14, 15, 15(2), 40, 48 and 51; ;Designs Act, 2000 - Sections 2 and 2(5); Designs Act, 1911; ;Trade and Merchandise Marks Act, 1958 - Sections 2 and 2(1); ;Patents Act; ;Indian Penal Code (IPC), 1860 - Sections 479; ;Copyright Act, 1957 - Sections 15

Reported in : 128(2006)DLT238; 2006(32)PTC157(Del)

registration of designs in India under the provisions of the said Act or the predecessor Act being the Designs Act, 1911 (hereinafter referred to as the Designs Act, 1911) The plaintiff having failed to complete the requisite formalities under … the Copyright Act and the infringement of the defendants is stated to be covered under the provisions of Section 51 of the Copyright Act.8. The upholstery fabric manufactured and sold by the defendants is stated to bear the