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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 … 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 … judgment held by the learned brother, Justice K.M. Natarajan, in application Nos. 790 of 1986 in C.S. No. 87 of 1986;7) Another judgment held by

j.c. Bamford Excavators Limited & Anr. Vs.bull Machines Pvt. Ltd.

Court : Delhi

Subject : MRTP

that in the said plaints, it was specifically pleaded that the designs were incapable of being registered under Designs Act, 1911 and Designs Act, 2000 as the finished products produced with the help of the drawings were all functional … as it came into force with effect from 21.06.2016 and in the light of the savings clause under Section 79 of that Copyright Act was not applicable retrospectively. Secondly, he submitted that Section 52(1)(w) was only applicable in

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. … 70, 76 --WITH LADLE Pg 1194. CRYSTALWAVE 188562/Dt-26-03-2002 4, 69, 37, 62, 79 --DIVIDED BOWL Pg 121 93, 855. CONTAINER- 185951/Dt-5-07-2001 22, 23, 17, 33,

Lallubhai Chakubhai Jariwala Vs. Chimanlal Chunilal and Co.

Court : Mumbai

Subject : Intellectual Property Rights

Reported in : AIR1936Bom99; (1935)37BOMLR665

it his patent rights.;The term ' manufacture', as defined in Section 2 (10) of the Indian Patents and Designs Act, 1911, comprehends not only the production of an article but also the means or method of producing it, so … however, whether there was any index to the volume at all. The same treatment is mentioned at page 79 of volume 20 of the Chemical Abstracts for January to May, 1926, a bi-monthly American journal. The volume

The Wimco Limited Vs. Meena Match Industroies

Court : Delhi

Subject : Intellectual Property Rights

Acts : Design Act, 1911 - Sections 51A

Reported in : AIR1983Delhi537; ILR1984Delhi121; 1983RLR631

application foe registration of this design claiming to be new and original design under the provisions of the Designs Act, 1911 (hereinafter called the Act) in class 5 of the Schedule. The application was numbered as 146498 dated January … 20, 1981 a Civil Original Petition, being C.O. 8 of 1981 for cancellation of Design No. 146498 under section 51-A of the Act. M/s. Meena Match Industries, the first petitioner, (for short called Meena) allege in the

William Grant and Sons Ltd. Vs. Mcdowell and Compay Ltd.

Court : Delhi

Subject : Intellectual Property Rights

Acts : The Scotch Whisky Act, 1988; Scotch Whisky Order 1990; Indian Copyright Act, 1957 - Sections 2, 5, 19(2) and 92; Trade and Merchandise Marks Act, 1958 - Sections 2, 2(2), 15 and 20; Designs Act, 1911 - Sections 2(5); Indian Penal Code (IPC), 1860 - Sections 479; Code of Civil Procedure (CPC), 1908 - Order 23, Rule 3

Reported in : 1994IIIAD(Delhi)65; 55(1994)DLT80; 1994(30)DRJ105

be treated as a 'design'. The label cannot be a design also for the reason that in the Designs Act, 1911, section 2(5) defines 'design' as follows: . 'design' means only the features of shape, configuration, pattern or ornament applied

Smt Champa and ors Vs. Roop Lal

Court : Rajasthan Jodhpur

Subject : Education

Trusts Act, 1882 (Act No. II of 1882). The Company Act, 1956 (Act No. I of 1956), The Designs Act, 1911 (Act No. II of 1911) or the Patents Act, 1970 (Act No. 39 of 1970); (vi) a reference … 3rd June, 2009 passed by Judge, Family Court, Jodhpur in Criminal Original Case No. 201/2003, whereby application under Section 125 Cr.P.C. filed by present petitioners was partly allowed. The application of petitioner no.1 Smt. Champa wife of

Ferrero Spa and Ors Vs. Vm Siddiq and Anr

Court : Delhi

Subject : MRTP

this legal perspective, I think, the present petition for cancellation of design under Section 51-A of „ The Designs Act, 1911‟ does not fall within the purview of Section 22 of the Act. Clearly this petition is not for … exercise of special jurisdiction in futility, is neither the requirement of legislature nor judicial dictum. xxx xxx xxx 79. The expression “the like” has to be read ejusdem generis to the term “proceedings”. The words “execution, distress

Jackson and others (Appellants) Vs. Her Majesty's Attorney General (Re ...

Court : House of Lords

Subject : MRTP

it did not, as they correctly say, receive the consent of the House of Lords; and the Parliament Act 1911 did not, they submit, permit an Act such as the 1949 Act to be enacted without the consent … Bill." "I certify, in reference to this Bill, that the provisions of section two of the Parliament Act 1911, as amended by section one of … the House of Lords in relation to those of the House of Commons. It did what it was designed to do. It has limited the power of the House of Lords to legislate. In practice it has … Hood Phillips and Jackson, Constitutional and Administrative Law (8th edn, 2001), pp 79-80; Lord Donaldson of Lymington, formerly Master of the Rolls (HL Hansard, 19

Aga Medical Corporation Vs. Mr. Faisal Kapadi and anr.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 2, 13, 14, 15, 15(2) and 61; Designs Act, 1911; Patents Act; Trade and Merchandise Marks Act, 1958 - Sections 2(1); Indian Penal Code (IPC), 1860 - Sections 479; Designs Rules, 2001; Code of Civil Procedure (CPC) - Sections 151 - Order 39, Rules 1 and 2

Reported in : 2003IIAD(Delhi)351; 103(2003)DLT321; 2003(26)PTC349(Del); 2003(2)RAJ86

already in circulation.] 'Section 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 Act, … brochures are concerned, three brochures at pages 20 to 25 belong to the plaintiff and that at pages 79 to 84 belong to the defendant which are stated to be identical to the brochures of the plaintiff.