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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)

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 … of the copyright in the said artistic work. The plaintiffs claim that in view of the provisions of Section 13 and 14 of the Copyright Act, they are entitled to bundle of exclusive right including the the right

Rajesh Masrani Vs. Tahiliani Design Pvt. Ltd.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 2, 13, 14, 15, 15(1), 15(2), 17 and 44; Designs Act, 2000 - Sections 2; Designs Act, 1911 - Sections 2(1)(5); Trade and Merchandise Marks Act, 1958 - Sections 2(1); Registration Act - Sections 48; Copyright Act, 1956 - Sections 49; Indian Penal Code (IPC), 1860 - Sections 479; Code of Civil Procedure (CPC) - Sections 151 - Order 39, Rules 1, 2 and 4 - Order 43, Rule 1

Reported in : AIR2009Delhi44; 2009BusLR280(Del); LC2009(1)252

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 … is original artistic work, the case for infringement of copyright is made out within the meaning of Sections 13 and 14 of the Copyright Act.10. We have heard learned Counsel for the parties and have also gone

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 … any such workpossesses artistic quality; (ii) a work of architecture; and (iii) any other work of artistic craftsmanship; Section 13 (2) (i)The Copyright Act, 1957 13 (2) (i) in the case of a published work, the workis first

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 … of the Copyright Act as under:in relation to an artistic work other than a photograph, the artist;21. The Section 13 of the Copyright Act stipulates the works in which copyright subsists and an original artistic work is included

Mariappan Vs. A.R. Safiullah,

Court : Chennai

Subject : Intellectual Property Rights

Acts : Designs Act, 2000 - Sections 23 and 53; Patents Act, 1970 - Sections 2, 12, 13(4), 43, 45(1), 48, 53, 104 and 108; Patents and Designs Act, 1911 - Sections 11 and 26(1); Patents (Amendment) Act, 2005; Copyright Act, 1967; Code of Civil Procedure (CPC) - Sections 151 - Order 39, Rules 1 and 2

Reported in : 2008(5)CTC97; LC2008(3)431; (2008)6MLJ1117; 2008(38)PTC341(Mad)

be granted. It is also submitted by the learned senior counsel that as per Section 23 of the Designs Act, 2000, provisions of Patent Act pertaining to validity of patents apply to the Designs Act and consequently the provisions … learned senior counsel for the 4th respondent/4th defendant has also drawn the attention of this Court to Section 13(4) of the Patents Act, 1970. The said provision says that the examination and investigations required under Section 12

Holland Company Lp and Anr. Vs.s.p. Industries

Court : Delhi

Subject : Education

registered, it has the protection under the Act for 10 years. A conjoint reading of Section 2(d) of Designs Act, 2000, Section 14(c) and 15(2) of the Copyright Act, 1957, makes it amply clear that where a design of an … submissions. It is argued by learned counsel for the plaintiffs that a combined reading of Section 2(c), Section 13(1)(a) and Section 14(c)(i)(B) of the Copyright Act, 1957 shows CS(COMM) No.1419/2016 Page 7 that a copyright exists in

Faber-castell Aktiengesellschaf(Sic), a Company Organised Under the La ...

Court : Mumbai

Subject : Intellectual Property Rights

Acts : Designs Act, 1911 - Sections 2, 2(5), 4, 4(2), 11(1), 43, 51A and 51A(1); Designs (Amendment) Act, 2000 - Sections 19, 19(1), 21 22(3), 48 and 48(4); Trade and Merchandise Marks Act, 1958 - Sections 2(1); ;Indian Penal Code (IPC) - Sections 479; General Clauses Act, 1897; Arbitration Act, 1996 - Sections 85; Patents Act, 1970 - Sections 64

Reported in : 2003(4)ALLMR139; 2003(6)BomCR65; 2003(4)MhLj264; 2003(27)PTC538(Bom); [2003]45SCL362(Bom)

is that the design at exh. 'C' to the plaint is not a design as defined under the Designs Act, 2000. According to the learned counsel for the defendants, 'design' has been defined by Section 2(d) to mean only … or to what was published in India or elsewhere in any of the documents referred to in Section 13;Provided that in relation to patents granted under the Indian Patents and Designs Act, 1911 (2 of 1911), this

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 … stated that the plaintiffs have made sales to the tune of Rs. 13 corers in India from the year 2003, and the expenditure on marketing … 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

S and S. Enterprise Vs. Designated Authority and ors.

Court : Supreme Court of India

Subject : Customs

Acts : Customs Tariff (Anti-Dumping Duty on Dumped Articles and for Determination of Injuries) Rules, 1995 - Rules 5, 6(2), 11(2), 12, 13, 14, 16 and 17; Customs Tariff Act, 1975 - Sections 9A and 14

Reported in : 2005(99)ECC7; 2005(181)ELT375(SC); JT2005(3)SC457; (2005)3SCC337

of the total imports of such batteries into India during that period. This was so found by the Designated Authority (the respondent No.1), on an investigation consequent upon a complaint lodged by the private respondent under Rule … Rule 14(d) inter alia provides that if the Designated Authority determines that the volume of the dumped imports actual or potential from a particular country accounts for less than 3% of the imports of the like product, … and contrary to its language. The imposition of dumping duty is under Section 9A of the Customs Tariff Act 1975 and the Rules and is … appellant imported lead acid batteries from Bangladesh during the period 1.2.2000 to 13.9.2001. The total number of batteries so imported were found to be less

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 … of the Plaintiffs except that they bore letters different from those of the Plaintiffs. An injunction was granted.” 13. In Castrol India Ltd. v. Tide Water Oil Co. (I) Ltd. (supra) the learned single of Calcutta High