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Microforms Inc Vs. Girdhar and Co. and ors.
Delhi
Jan-13-2006
Intellectual Property Rights
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
128(2006)DLT238; 2006(32)PTC157(Del)
that the artistic works are actually designs relating to textile products and come within the scope of the Designs Act, 2000 (hereinafter referred to as the Designs Act, 2000). The plaintiff has failed to apply for registration of designs … the case of an work of joint authorship, be construed as a reference to the author dies last.25. Chapter XI provides for infringement and Section 51 stipulates when a copyright is infringed and reads as under: 51. … copyright protection in India as a consequence of the provisions of Section 40 of the Copyright Act and the Berne Convention, Universal Copyright Convention read
Tag this Judgment! AI Brief & AskMetco Polymers Pvt. Limited and Vs. Madhu Inflatables Pvt. Limited and
Chennai
Sep-13-2005
Intellectual Property Rights
Designs Act, 2000 - Sections 2, 4, 5, 6, 9, 19, 22, 22(2) and 22(3); Code of Civil Procedure (CPC) - Sections 115
(2005)4MLJ294
injunction. 8. At this stage, it may be necessary to notice to the relevant provisions contained in the Designs Act, 2000. Chapter II of the Act relates to Registration of Designs. It states inter alia that a design, which is … even though the plaintiffs' products and the defendants' products were almost similar in design and since under Section 4 of the Designs Act there is a prohibition of registration of a design which is not new or
Tag this Judgment! AI Brief & AskReckitt Benckiser (India) Ltd. Vs. Wyeth Limited
Delhi
Aug-07-2009
Intellectual Property Rights
Designs Act, 2000 - Sections 2, 3, 4, 7, 10, 17, 19, 19(1), 22, 22(1), 22(2), 22(3), 26 and 44; Copyright Act, 1957; Evidence Act, 1872 - Sections 65; Copyright, Designs and Patents Act, 1988; Registered Designs Act, 1949 - Sections 5 and 5(2); Code of Civil Procedure (CPC) - Order 39, Rules 1, 2 and 4; Designs Rules, 2001 - Rules 22 and 27
162(2009)DLT298; 2009(41)PTC24(Del)
in favour of the plaintiff is liable to be cancelled under the provisions of Section 19 of the Designs Act, 2000 (hereinafter referred to as the 'said Act'). According to the defendant, the plaintiff's said design registration was liable … vacating the ex parte injunction by the defendant under Order 39 Rule 4 CPC, have been filed in respect of the suit which is essentially … to pre- publication of the design has been very well stated in commentary by Russel and Clerk in Chapter-IV. This question has been dealt with as under:meaning of publication..Broadly speaking, there is publication if the design has
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Mallcom (India) Limited & Anr vs.rakesh Kumar & Ors
Delhi
Mar-19-2019
Land Acquisition
of the shoes of the plaintiffs are exclusive to the plaintiffs, being an original design registered under the Designs Act, 2000; (xvii) the defendants are manufacturing cheap quality safety shoes employing the plaintiffs trade mark (Label) packed in an … effect from 1st November, 2018 to the Delhi High Court (Original Side) Rules, 2018, particularly to the new Chapter XA inserted therein and Rule 1 titled “Summary Judgment” whereof provides “At the time of Case Management Hearing, … OF DELHI AT NEW DELHI Date of decision:19. h March, 2019. CS(COMM) 480/2016, IA No.5571/2016 (u/O XXXIX R-1&2 CPC), IA No.12236/2017 (of D-4&5 u/O XXXIX
Tag this Judgment! AI Brief & AskSitaram and ors. Vs. State of Rajasthan and ors.
Rajasthan
Nov-16-1973
Motor Vehicles
1973(6)WLN917
had not attained the age of eighteen years - It is with the enactment of the Juvenile Justice Act, 2000, that in Section 2(k) a juvenile or child was defined to mean a child who had not completed … the vires of Rule 3 of the Rules in the first instance.7. Chapter IV A containing Sections 68 A to 68 I was inserted in … General Manager to prepare or published the schemes. The vires of Rule 4 were also challenged on the same ground that it has been left … and not one of acting in public interest. We find ourselves unable to agree. The present scheme was designed to be a modification of the existing schemes with a view to improving operational results. There was nothing
Tag this Judgment! AI Brief & AskTarun Dutta Vs. State of West Bengal and ors.
Kolkata
Nov-30-2004
ConstitutionService
Employees Provident Fund and Miscellaneous Provision Act, 1952; ;Employees Provident Fund and Miscellaneous Provision Rules, 1952 - Rule 27; ;West Bengal Board of Secondary Education Act; ;Delhi School Education Act - Sections 2 to 12 and 109(1); ;Constitution of India - Article 30(1); ;Ropa Rules
(2005)3CALLT143(HC)
minority school.'46. Reference may also be drawn to the decision reported in 2000 Vol. (l) CHN, Page 435 (Abdul Mannan Laskar v. State of West … Sections 8 to 12 of the Delhi School Education Act together comprise Chapter IV of that Act which deals terms and condtions of service of … the time of hearing. The petitioner in paragraph 4 of this writ petition stated that after obtaining … authority in Section 2(e) to mean inter alia in the case of a school recognised by an authority designated or sponsored by the Central Government, that authority, in the case of a school recognised by the Delhi … along with his other eleven members/contributors had jointly exercised their options under Provision 27 of E.P.F. and M.P. Act 1952 to return to the Board of Trustees Fund with effect from August, 1994.33. In the opposition it
Tag this Judgment! AI Brief & AskAshok and Another Vs. Mahila Vikas Mandal
Mumbai Nagpur
Jul-04-2014
Education
Juvenile Justice Act, 2000, is about rehabilitation and social reintegration falling within Chapter IV of the said Act. There are guidelines contained in Section 41(2) … the application filed by the petitioners/applicants under Section 41 of The Juvenile Justice (Care and Protection of Children) Act, 2000, (for short, âthe said Actâ) for grant of permission to give abandoned female child, was rejected. 3. The … No.110 of 2013, whereby the application filed by the petitioners/applicants under Section 41 of The Juvenile Justice (Care and Protection of Children) Act, 2000, (for … have been abandoned or surrendered to orphanage. The orders are required to be passed by the competent authority designated for the purpose in keeping with the guidelines for adoption issued by the appropriate Government either on behalf
Tag this Judgment! AI Brief & AskS.Sankar Vs. 1.The State of Tamil Nadu
Chennai
Sep-22-2014
Education
in the vakalathnama was enhanced from Rs.2/- to Rs.5/- so as to augment the fund.27. By the Amendment Act, 2000, the death benefit payable to the nominee or legal heir of the member of the Advocates Welfare Fund … 24 of the Advocates Act, 1961, shall be entitled to practice under Chapter IV of the Advocates Act, 1961, unless such advocate successfully passes the … ten years standing, Rs.100/- to Rs.200/- for ten years or more and life subscription of Rs.10,000/- for the designated senior advocates and Rs.2,500/- for other advocates. The value of the stamp to be affixed in the vakalathnama … which was made on 11.10.2011. Further, by referring to Sections 30 and 49(1)(ah) of the Advocates Act, it is submitted by the learned counsel that
Tag this Judgment! AI Brief & AskM.C.Jayasingh Vs. Mishra Dhatu Nigam Limited
Chennai
Jan-23-2014
Land Acquisition
Side Rules, Section 108 read with Section 50(1) of the Patents Act, 1970 and Section 22(2)(b) of the Designs Act, 2000. ----- For Plaintiff : Mr.M.Sundar For Defendant-1 : Mr.V.Chandrakanthan For Defendants 2&3 : Mr.C.Manishankar For Defendant-4 : Mr.N.L.Rajah … patent.106. Though Section 13(1) refers repeatedly to ".anticipation"., the expression ".anticipation". is not defined in the Act. But, Chapter VI containing Sections 29 to 32 deals with anticipation by previous publication. Here again, there is an element
Tag this Judgment! AI Brief & AskCrocs Inc Usa vs.action Shoes Pvt Ltd & Anr
Delhi
Feb-18-2019
Intellectual Property
571/2017 Page 6 of 45 10. It was further enquired from the counsel for the plaintiff, that the Designs Act 2000, as per its preamble being an Act to consolidate and amend the law relating to protection of designs, … relating to trade marks defined ‗trade mark‘ as under: ―2(1)(v) ―trade mark‖ means- (i) (ii) in relation to Chapter X (other than section 81), a registered trade mark or a mark used in relation to goods for … AND CS(COMM) Nos.903/2018, 905/2016, 906/2016, 1415/2016, 569/2017 & 571/2017 Page 1 of 45 CS(COMM) 906/2016 & IA86092016 (u/O XXXIX R-1&2 CPC) CROCS INC USA ....
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