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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 plaintiff has claimed that the artistic work constitutes original artistic work as defined within the meaning of Section 2(c) of the Copyright Act. The plaintiff also claims that it enjoys copyright protection in India as a … the judgment of learned Single Judge of this Court in I.A. Nos. 6597 and 6944 of 1991 in Suit No. 1481 of 1991 titled 'S.S.

Microfibres Inc. Vs. Girdhar and Co. and anr.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 2, 6, 11, 13, 13(2), 14, 15, 15(1), 15(2), 16, 22, 40, 63, 67; Copyright Act, 1967 - Sections 15; Designs Act, 2000 - Sections 2, 4, 11(2), 12 and 19(1); Design Act of 1911 - Sections 2(5); Patent and Designs Act; Patent Act; Trade Marks Act; U.K. Designs Act, 1949 - Sections 1(3); Trade and Merchandise Marks Act, 1958 - Sections 2(1); Indian Penal Code (IPC) - Sections 120B, 415, 420 and 479; New Design Rules, 2001; Copyright Law

Reported in : LC2009(2)229; 2009(40)PTC519(Del)

not extinguished by virtue of Section 15(2) of the Copyright Act, 1957. g. 'Design' as defined by the Designs Act, 1911 as well as the Designs Act, 2000; means only the features of shape, configuration, pattern or ornament applied … Act, 2000 is only meant to exclude the nature of artistic works like painting of M.F. Hussain (para 65 of the impugned judgment). (iii) The application of mind and skill is not being denied nor the fact

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

Statutory protection in such features, if novelty exists herein, an be claimed only under the provisions of the Designs Act, 1911 by obtaining registration thereunder. No such design registration is claimed by the plaintiffs. b) It is submitted that … the aforesaid travel case is a three dimensional representation, is an original artistic work within the meaning of Section 2(c) of the Copyright Act, 1957. The said artistic work is subject matter of copyright protection in India … and Haryana in:Shri Lakbor Singh vs Sardar Trading Corp., 2nd 18 Punjab 658 which was referred to by the learned counsel for the defendants, which

Mattel, Inc. and ors. Vs. Mr. Jayant Agarwalla and ors.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Trademarks Act, 1999 - Sections 11(6), 27, 29 and 36; Copyright Act, 1957 - Sections 2, 14, 15 and 15(2); Designs Act, 2000 - Sections 2, 6, 15(2) and 47(2); Patents Act, 1970 - Sections 3; Designs Act, 1911; Lanham Act; Code of Civil Procedure (CPC) , 1908 - Order 39, Rules 1 and 2; Designs Rules, 2001 - Rule 10

Reported in : 153(2008)DLT548; LC2008(3)298; 2008(38)PTC416(Del)

is provided under the Designs Act, 2000, which came into force from May, 2001 and repealed the earlier Designs Act, 1911. An important and relevant aspect is that both under the old Act and the new Act, fabric designs … www.scrabble.com and www.mattelscrabble.com. The plaintiffs claim that mark SCRABBLE has become a well-known trademark within the meaning of Section 11(6) of the Trademarks Act, 1999. It is stated that the plaintiffs have made sales to the tune … cites the authority of Coca-Cola Co. v. Pepsi-Cola Co. (1942) 2 D.L.R. 657 (P.C.) where Coke sued Pepsi for violating its trade-mark. The courts ruled

Aphali Pharmaceuticals Ltd. Vs. State of Maharashtra and ors.

Court : Supreme Court of India

Subject : Excise

Acts : Companies Act; Medicinal and Toilet Preparations (Excise Duties) Act, 1955 - Sections 2, 3 and 19(2); Medicinal and Toilet Preparations (Excise Duties) (Amendment) Act, 1961; Drugs Act, 1940 - Sections 3; Finance Act (No. 2), 1962 - Sections 18; Seventh Schedule to the Government of India Act, 1935; Drugs (Amendment) Act, 1955; Drugs and Cosmetics (Amendment) Act, 1964 - Sections 33A; Drugs Control Act, 1950; Patent Act, 1970; Trade and Merchandise Marks Act, 1958 - Sections 81; Drugs (Amendment) Act, 1961; Finance Act, 1964; Drugs Rules; Medicinal and Toilet Preparations (Excise Duties) Rules, 1956 - Rule 8, 64, 65 and 66; Drugs Control Ordinance, 1949; Indian Patents and Designs Act, 1911

Reported in : AIR1989SC2227

respect of which a patent is in force. 'Patent' means a patent granted under the Indian Patents and Designs Act, 1911, and now the Patent Act, 1970. A patent medicine will, therefore, mean medicine in respect of which a … in which alcoholic content is self-generated and not added as such. 'Rule 65 on Pharmacopoeia for Ayurvedic preparations said : 'Until a standard Ayurvedic pharmacopoeia … 2(i) was re-numbered as item 3(i) of the Schedule as amended by the Amendment Act of 1961.5. By Section 18 of the Finance Act, 1962, the Act was further amended by substitution of an Explanation No. 1

Dorman Long and Co. Ltd. Vs. Jagadish Chandra Mahindra and anr.

Court : Kolkata

Subject : MRTP

Reported in : 163Ind.Cas.997

available, whether conclusive in the matter--Indian Patents and Designs Act (II of 1911), Sections 9(2), (3), 65, 77, Rules 20, 21, 22, 62--'After hearing the … the opposer to act for him as agent in the proceedings before the Controller under the Patents and Designs Act.4. The learned Judge then proceeded to consider whether the Court had jurisdiction to issue a writ of certiorari … was, that there was no obligation upon the Controller to allow such evidence to be given, but that Section 65 of the Act gave him the powers of a Civil Court, and, therefore, if be chose to hear

Dart Industries Inc. and anr. Vs. Techno Plast and ors.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Designs Act, 2000 - Sections 2, 4, 11, 18, 19, 20, 22, 22(2)(3), 22(3) and 29; Copyright Act, 1957 - Sections 2, 13, 14, 15, 17, 45, 51, 53 and 55; Designs Rules, 2001; Designs Act, 1911; Patent Act; Code of Civil Procedure (CPC) - Order 39, Rules 1 and 2

Reported in : 2007(35)PTC285(Del)

provides as under:1. Copyright shall not subsist under this Act in any design which is registered under the Designs Act, 1911(2 of 1911).2. Copyright in any design, which is capable of being registered under the Designs Act, 1911 (2 … are two plaintiffs in this case who have filed this suit for permanent injunction against the defendants under Section 22 of the Designs Act, 2000 read with Section 55 of the Copyright Act, 1957. The plaintiff No. … and bound by William Clowes Ltd., England on page No. 21 & 65. This clearly shows that the products similar to this product are prior

Music Broadcast Private Limited Vs. Indian Performing Right Society

Court : Mumbai

Subject : Intellectual Property

reads as follows: "15. Special provision regarding copyright in designs registered or capable of being registered under the Designs Act, 1911. - (1) Copyright shall not subsist under this Act in any design which is registered under the Designs … embodied in a sound recording. 49. The section was inserted by Act 65 of 1984 which came into effect on 8th October, 1984. It is … operate and maintain FM radio stations at various places in India. The defendant, a Copyright Society constituted under section 33 of the Copyright Act, 1957 administers the rights of lyricists and composers and issues licences to perform

Scooters India Ltd. Vs. Java Hind Industries Ltd.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Patents Act, 1970 - Sections 25; Patent Rules, 1972 - Rule 35

Reported in : AIR1988Delhi82; 1988(1)ARBLR255(Delhi); 33(1987)DLT298

Bhushan in support of the petition and Mr. N.K. Anand in opposition thereto. (4) The Indian Patents and Designs Act, 1911 contained provisions both relating to Patents as well as to Designs. With the enactment of the Patents Act, … the Act, other than those under ss. 43, 44, 51, 52, 90, 65, 68, 125, 153, and 154, be the Head Office of the Patent … D.P. Wadhwa, J.(1) This is an appeal filed under Section 116 of The Patents Act, 1970 (for short 'the Act') against the order dated 23rd September, 1986 of

Glaverbel S.A. Vs. Dave Rose and ors.

Court : Delhi

Subject : CivilIntellectual Property Rights

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 151 - Order 39, Rule 1 and 2; Patents Act, 1970 - Sections 2(1), 8, 12, 13, 13(4), 57, 58, 64, 104A and 107; Patents and Designs Act, 1911 - Sections 26; Patents Act, 2005 - Sections 2(1)

Reported in : 167(2010)DLT6

he patent ought not to have been granted under the provisions of Section 26 of the Patents and Designs Act, 1911, the court will not interfere by issuing a temporary injunction.The argument as regards non-grant of interim injunction in … have been considered by the Court.v) Wockhardt Ltd. v. Hetero Drugs Ltd. and Ors. : 2006 (32) PTC 65 (Madras) wherein the Court held (in paragraph 17) that relief by way of interlocutory injunction is granted to