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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 … therefore, not capable of protection. The suit of the plaintiff is liable to be dismissed in view of Section 15 of the Copyright Act, 1957 as no copyright subsist under the said provision of the Act.Contentions of the

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 … 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 Copyright Act and their interplay with each other, we have permitted the parties in the connected

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 … which are not industrially applied to articles. The alternative plea raised is that in view of provisions of Section 15(2) of the Copyright Act, the copyright in any design which is capable of being registered but has not

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 … therefore, monopoly over the copyright extinguished the moment more than 50 articles are produced and commercially sold under Section 15(2) of the Copyright Act. The plaintiffs do not hold a valid design registration and therefore, they cannot claim

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

Court : Mumbai

Subject : Land Acquisition

really designs, capable of being registered under the Designs Act, 2000, though not so registered and hence, under Section 15 of the Copyright Act, 1957, the copyright in the designs has ceased after the designs were applied more … 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

Kiran Shoes Manufacturers Vs. Registrar of Copyrights and Another

Court : Delhi

Subject : MRTP

trim” is an artistic work with “GOLD STAR” inscribed thereupon and cannot be registered/registerable as a „design‟under the Designs Act, 2000. Our attention was drawn to Section 2 (d) of the Designs Act which defines “design”. Our attention was … registration of trade mark for the same mark GOLD STAR before the Registrar of Trade Marks;(b) disentitlement under section 15 of the Copyright Act, 1957 since respondent has got registered the mark under the Design Act as design

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 … is not maintainable. It is additionally argued that the copyright claimed by the plaintiffs ceased to exist under Section 15 of the Copyright Act which provides as under:1. Copyright shall not subsist under this Act in any design

Vishvajeet Sharma and anr. Vs. State and anr.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 2, 15, 15(2) and 63; Designs Act, 2000 - Sections 2 and 2(1); Trade Marks Act, 1999 - Sections 27, 103 and 104; Code of Criminal Procedure (CrPC) , 1973 - Sections 156(3) and 482; Constitution of India - Article 226

Reported in : 2009(41)PTC484(Del)

product alleged to have been infringed by the Respondent No. 2 is really a subject matter of the Designs Act, 2000 in view of Section 2(1)(d) of that statute. It was pointed out that the Petitioners had in any … urged that if the said work was granted registration, then such registration ceased to exist by operation of Section 15(2) of the Copyright Act, 1957. It was submitted that the design of the product alleged to have been

Urooj Ahmed Vs. Preethi Kitchen Appliances Private Limited

Court : Chennai

Subject : Land Acquisition

defined in the Designs Act, 2000, is different from one as defined in the Copy Right Act, 1957. Section 15 of the Copy Right Act, 1957, places an embargo for enforcing a right of the copy right design … as defined under Section 2(c) of the Copy Right Act does not come under the purview of the Designs Act, 2000. Section 14 of the Act is a specific provision, which gives the meaning to the word ".copy right".. According

Herbertsons Ltd. Vs. Crag Martin Distillery Private Limited

Court : Mumbai Goa

Subject : Intellectual Property

(b) In the circumstances, there shall be no order as to costs. (c) Decree be drawn accordingly. The Designs Act, 2000 Section 15(1)(b) Entitlement to Relief Plaintiff issued legal notice to defendant to desist from selling or offering for sale