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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 … and Section 12 sub-clauses 13, 28, 29, 34, 77 to 79, Sections 81 and 96 of the Trade and Merchandize Marks Act with regard to … 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

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 … Under the Trade and Merchandise Marks Act, 1958, 'trade mark' means-(i) in relation to Chapter X (ether than section 81), a registered trade mark or a mark used in relation to goods for the purpose of indicating or

Farbewerke Hoechst Aktiengesellschaft Vormals Meister Lucius and Bruni ...

Court : Mumbai

Subject : Intellectual Property Rights

Acts : Patents and Designs Act, 1911 - Sections 29; India Evidence Act, 1872 - Sections 58, 101, 106, 114 and 115; Code of Civil Procedure (CPC), 1908 - Sections 100 and 101

Reported in : AIR1969Bom255; (1974)76BOMLR130

1. This is a suit for infringement of patent under Section 29 of the Indian patents and Designs Act, 1911, filed by the plaintiffs who are the legal owners and proprietors of Indian Patent No. 58716 in respect … Quoting from the judgment of Harman LJ in the case of Van der Lely v. Bamfords Ltd. (1964) 81 RPC 54 it is stated in Terrell on the Law of Patents, (11th edn.) p. 363 para 940,

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. … 23, 17, 33, 12, 34MODULAR MATE Pg 123 24, 25, 64, 73ROUND 81, 97, 98, 956. CONTAINER- 172740/Dt-29-11-1996 30, 31, 32 -- 4MODULAR MATE Pg

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 … are advertisements of the competitors e.g. Navjyoti at page 36, Sunflame at page 43 and Hotline at page 81. They are all Gas Stoves and Grills. Now there is Oven also in the new cooking range. On

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

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 … been stressed and reiterated in Bilcare Ltd. v. Amartara Pvt. Ltd. 2007 (34) PTC 419 (Del) in paragraph 81 thereof.iii) While referring to the finding in M/s. Biswanath Prasad Radhey Shyam (supra) that cca mere collection of

Lucasfilm Limited and Others (Appellants) Vs. Ainsworth and Another (R ...

Court : UK Supreme Court

Subject : Intellectual Property

of protection was much shorter. Those were the essential features of the scheme introduced by the Copyright of Designs Act 1839, repealed and replaced by the Designs Act 1842. Earlier legislation granting copyright to the design of a … difficult to understand without reference to their legislative history. Unfortunately the history is itself quite complicated. The Copyright Act 1911 ("the 1911 Act") was (as Lord Bridge observed in British Leyland [1986] AC 577, 619) "the first attempt … defences (to a claim that he was reproducing Mr McQuarrie's work) under sections 51 and 52 of the Copyright Designs and Patents Act 1988 ("the … the statute (see Lord Reid at p 78, Lord Morris at p 81, Viscount Dilhorne at pp 86-87, Lord Simon at p 91 and Lord

Assocn. Of Vasanth Appts. Owners Vs. V. Gopinanth And Ors.

Court : Supreme Court of India

Subject : Land Acquisition

and the rules would form part of the Master Plan, the scheme 81 of the rules would show that it is only with the approval … roads shall be reserved and this space shall be transferred to the authority or to the local body designated by it, free of cost, through a deed. It is obligatory to reserve the 10 percent of the … in AIR1994Supreme Court 2550 [relevant para- 9]. has held that the statutory provisions U/S1921)(c) of the Punjab Municipal Act'1911 and U/S2031)(c) of Haryana Municipal Act'1973 enabling the State to seek transfer of land to the extent of … IS THE IMPUGNED RULE/ REGULATION ULTRA VIRES?. ............................ 91 THE IMPACT OF SECTIONS36AND37...................................................... 95 IS THE IMPUGNED RULE/REGULATION BAD FOR THE REASON THAT IT IS