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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)

these registrations, the plaintiff No. 1 has become vested with copyright in the said designs by virtue of Section 11 of the Designs Act, 2000 and has thereby acquired an exclusive right to apply and cause to be … 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. 1 is a company incorporated 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)

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 … Clause 2(c) of Copyright Act, 1957 was specifically excluded.32. A copyright in a registered design was provided in Section 11 under Chapter III and reads as under:11. Copyright on registration -1) When a design is registered, the registered

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)

that the learned Single Judge held that the designs in question were capable of being registered under the Designs Act, 2000 and consequently the appellant was not entitled to seek protection under the copyright law as the designs had … tohave effect by reason of failure to pay the fee for the extension ofcopyright under sub-section (2) of Section 11, the proprietor of such designor his legal representative and where the design was held by two or morepersons

Pranda Jewelry Pvt. Ltd. and Others Vs. Aarya 24 kt and Others

Court : Mumbai

Subject : Land Acquisition

The definition of 'Design' in the Designs Act, 1911 is different from the definition of 'Design' in the Designs Act, 2000. Section 2(d) of the Designs Act, 2000 does not include any 'artistic work' as defined in clause (c) of … of design and provides for copyright in registered designs. Chapter 3 contains provisions concerning copyright in registered design. Section 11 of the chapter is in the following terms: “11.Copyright on registration.- (1) when a design is registered, the

Bharat Glass Tube Limited Vs. Gopal Glass Works Limited

Court : Supreme Court of India

Subject : Intellectual Property Rights

Acts : Designs Act, 2000 - Sections 1, 1(3), 2, 3, 4, 5, 6, 7, 9, 10, 11, 11(2), 12, 17, 18, 19, 22, 32, 36, 37, 44 and 51; Designs Act, 1911 - Sections 51A; Trade and Merchandise Marks Act, 1958 - Sections 2 and 2(1); Indian Penal Code (IPC), 1860 - Sections 479; Copyright Act, 1957 - Sections 2; Registered Designs Act, 1949; Designs Rules, 2001 - Rules 11 and 29

Reported in : AIR2008SC2520; LC2008(2)173; (2008)5MLJ939(SC); 2008(37)PTC1(SC); 2008(8)SCALE4; (2008)10SCC657; 2008AIRSCW3509; 2008AIRSC2520; [2008] 7 SCR 397

up and colour shades and the same were registered and/or were awaiting registration as industrial designs under the Designs Act, 2000 (hereinafter to be referred to as the Act of 2000) and the Rules framed thereunder. For production of … designs shall be prima facie evidence of any matter by this Act directed or authorized to be entered therein.Section 11 deals with copyright on registration which reads as under:11. Copyright on registration. - (1) When a design is

M/s. Selvel Industries and Another Vs. M/s. Om Plast (India)

Court : Mumbai

Subject : MRTP

of three weeks from the date the order is uploaded. Designs Act, 2000 - Section 2(d), Section 4, Section 11, Section 19, Section 22 - Trade Marks Act, 1999 - Indian Penal Code, 1860 - Copyright Act, 1957 … in this Notice of Motion for interim relief in an action in infringement and passing off under the Designs Act, 2000, is whether the Defendant s product infringes the Plaintiffs registered design. 4. I must state straight away that,

Dabur India Ltd. Vs. Amit JaIn and anr.

Court : Delhi

Subject : Civil

Acts : Designs Act, 2000 - Sections 11, 19, 22, 22(1A) and 22(1B); Code of Civil Procedure (CPC) - Order 23, Rule 3 - Order 39, Rules 1 and 2

Reported in : 155(2008)DLT407

Appellant, conferred the statutory right to exclusive use of the said design on the Appellant in terms of Section 11 of the Designs Act, 2000 ('Act'). It is further submitted that the fraudulent imitation of the said design … to the Appellant's bottle. The said design being unique, aesthetically novel and original is also registered under the Designs Act, 2000 under Design Registration No. 173234 dated 24th February 1997 in favour of the Appellant. It is stated that

The Jay Engineering Works Ltd. Vs. Sh. Ramesh Aggarwal

Court : Delhi

Subject : Intellectual Property RightsCivil

Acts : Trade and Merchandise Marks Act, 1958 - Sections 105 and 106; Copyright Act, 1957 - Sections 62 and 62(2); Designs Act, 2000; Code of Civil Procedure (CPC) , 1908 - Sections 9, 20 and 21 - Order 2, Rule 3 - Order 7, Rules 1, 10 and 11; Trade Marks Act, 1999 - Sections 134(2)

Reported in : LC2007(1)58; 2006(33)PTC561(Del)

in the trade mark and passing off.b) Copyright Act, 1957 for infringement of registered and unregistered copyright andc) Designs Act, 2000 for infringement of registered design5. The plaintiff has made allegations against the defendant which are incorporated in paragraphs … one under Order VII Rule 11 of the Code of Civil Procedure and the second as one under Section 21 of the Code, de hors their garb both applications are under Order VII Rule 10 of the

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)

of different nature of rights. Insofar as the industrial designs are concerned, the protection 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 … 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

M/S. Whirpool of India Ltd. Vs. M/S. Videocon Industries Ltd.

Court : Mumbai

Subject : MRTP

in view of provisions of clauses (c) and (d) of section 2 read with section 11 of the Designs Act, 2000 (hereinafter referred to as the “said Act” for short), the plaintiff has the exclusive right to apply its