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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 … was taken.7. The plaintiff claims exclusive rights in respect of the copyright work in view of provisions of Section 14(c) of the Copyright Act and the infringement of the defendants is stated to be covered under the provisions

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 … 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 through the

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 … made by plaintiff No. 1, cited the registration details of only the plaintiff's designs vide its reports dated 14.10.2004, 10.11.2004 and 12.01.2005. This shows that the designs representations of infringing products were mistaken even by the examiner

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 … right to apply a 'design' to any article in any class in which design is registered. 'Copyright' in Section 14 of the Copyright Act is defined to mean an exclusive right to authorize the doing of any of

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 … Dart Industries Inc. and FAO (OS) No. 447/2008 filed by Mattel Inc., on the question of interpretation of Section 2(c) of the Copyright Act read with Section 2(d) of the Designs Act and Section 15(2) of the … the learned Single Judge dated 13 th January, 2006 in Suit No. 1480/2002. 2. Since certain common issues arise in this appeal and the other

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 … Agarwalla and Ors. (2008(38) PTC 416 (Del.), Kiran Shoes Manufacturers Vs Registrar of Copyrights and Anr. (2012(50) PTC 14 (Del.)(DB), Devendra Somabhai Naik Vs Accurate Transheat Pvt. Ltd. (2005(31) PTC 172 (Guj.) (DB) and R.G.Anand Vs M/s

M/S. Videocon Industries Limited Vs. M/S Whirlpool of India Limited

Court : Mumbai

Subject : MRTP

filed suit bearing Suit (lodging) No.1675 of 2012 in this Court seeking an injunction invoking provisions of the Designs Act, 2000 (hereinafter referred to as the 'said Act') against appellant M/s Videocon Industries Pvt. Limited (hereinafter referred as 'Videocon'). … the entire course of hearing. 8. Learned counsel Mr.Tulzapurkar and Mr.Soni appearing for Videocon Industries contended: (a) Under section 22 (3) of the Designs Act, 2000 the defendant in a suit for injunction filed on the ground … have been registered in view of Section 4(b), (c) of the Act. 14. If we compare the designs registered by the Whirlpool and the designs

Sree Vishnu Bottles Vs. the State of Tamil Nadu

Court : Chennai

Subject : Sales Tax

Acts : Tamilnadu General Sales Tax Act, 1959 ; Designs Act, 2000 - Section 22, 22(1); Constitution of India - Articles 226, 14, 19(1)(g) and 304(a)

have been designed by certain distilleries and that the design of the bottles have been registered, under the Designs Act, 2000. The transportation of the bottles is also being objected to as the contents of the bottles are meant … sale in Tamilnadu only.5. The learned counsel appearing on behalf of the petitioners had submitted that, as per Section 22 of the Designs Act, 2000, no one should be restrained, without an order of interim injunction from … The act of the respondents 3 and 4 are contrary to Articles 14, 19(1)(g) and 304(a) of the Constitution of India. In such circumstances, the

Rajesh Kalra vs.safeops. Surgical Care & Anr

Court : Delhi

Subject : Land Acquisition

also asked the counsel for the plaintiff as to how the aforesaid qualifies as a „design‟ under the Designs Act, 2000, for a suit to be entertained.13. The definition of „design‟ in Section 2(d) of the Designs Act means … eye. (g) That the Full Bench of this Court, in Mohan Lal Vs. Sona Paint and Hardwares AIR2013Delhi 143, has held that designs relate to non-functional features of the article; therefore, by necessary corollary, a design which

A (Fc) and Others (Fc) (Appellants) Vs. Secretary of State for the Hom ...

Court : House of Lords

Subject : MRTP

perhaps a country as close as France, there to pursue his criminal designs, is hard to reconcile with a belief in his capacity to inflict … but were not in the event called upon. The background 5. In July 2000 Parliament enacted the Terrorism Act 2000. This was a substantial measure, with 131 sections and 16 Schedules, intended to overhaul, modernise and strengthen the … Article 15 of the Convention is not one of the articles expressly incorporated by the 1998 Act, but section 14 of that Act makes provision for prospective derogations by the United Kingdom to be designated for the purposes