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May 28 2009

Microfibres Inc. Vs. Girdhar and Co. and anr.

Court : Delhi

Decided on : May-28-2009

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 … 15(2) of the Copyright Act does not apply to the said paintings. 16. Mr. Sanjay Jain, the learned Senior counsel appearing on behalf of the

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May 23 2000

Democratic Bar Association, Allahabad and Others Vs. High Court of Jud ...

Court : Allahabad

Decided on : May-23-2000

Subject : Constitution

Acts : Advocates Act, 1961 - Sections 16, 16(1), (2) and (3), 17(1), (2) and (3), 17 to 27, 28, 34, 34(1) and 49; Designation of Senior Advocates Rules, 1999 - Rules 1, 2, 3, 3(A) and (B), 5, 9 and 12; Constitution of India - Articles 14, 19, 216, 217(2), 226, 233(2) and 235; Societies Registration Act, 1860; Evidence Act, 1872 - Sections 76; Companies Act, 1956 - Sections 237; Company Law Board (Procedure) Rules, 1964

Reported in : 2000(3)AWC2383A; (2000)2UPLBEC1387

Matched in: Citation 2000(3)AWC2383A; (2000)2UPLBEC1387

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Jan 10 2002

J. Jayalalitha Vs. State Represented by Superintendent of Police, Spec ...

Court : Chennai

Decided on : Jan-10-2002

Subject : Criminal

Acts : Prevention of Corruption Act, 1988 - Sections 13(1), 13(2) and 16; Foreign Exchange Regulation Act (FERA); Code of Criminal Procedure (CrPC) - Sections 2, 61, 158, 161, 166A, 169, 170, 173,173(1), 173(2), 173(6), 173(8), 218, 223, 319 and 482; General Clauses Act - Sections 3; (38);Indian Penal Code (IPC) - Sections 33, 109 and 120B

Reported in : 2002CriLJ3026

to be satisfactorily accounted under Section 13(1)(e) of the Prevention of Corruption Act, except for imposing fine under Section 16 of the Prevention of Corruption Act; (v)The alleged accumulation of disproportionate pecuniary resources and properties by the petitioner … Ms.N.Sassikala, Mr.Vn.Sudhagaran, and Ms.Ilavarasi, A2, A3 and A4 respectively, in Spl.C.C.No.7 of 1997 on the file of the Designated Court; (ii)Referring to the F.I.R. dated 2.9.2000 in F.I.R. No.2/AC/2000/HQ, as well as the consequential charge sheet dated

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Dec 23 2014

Lupin Ltd. and Another Vs. Johnson and Johnson and Another

Court : Mumbai

Decided on : Dec-23-2014

Subject : Intellectual Property

Trademarks Act with the provisions of the Designs Act and the Patents Act. It is submitted that the Designs Act, 2000 [Section 22(4) read with Section 19] and the Patents Act [Section 10 read with Section 64] (unlike Trademarks Act) … by the defendant at an interlocutory stage in a suit for infringement of registered trade mark (judgment dated 16 February 2005 in M/s. Maxheal Pharmaceuticles v/s. Shalina Laboratories Pvt. Ltd. - Appeal No.88 of 2005 in N.M.No.2663

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Sep 17 2008

Mattel, Inc. and ors. Vs. Mr. Jayant Agarwalla and ors.

Court : Delhi

Decided on : Sep-17-2008

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 … it with a particular product or as being from a particular source. 16. Learned Counsel submitted that copyright in the board, which comprises of a … 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

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Jul 25 2012

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

Court : Mumbai

Decided on : Jul-25-2012

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 … section 6. In that view of the matter, the contention in that regard is also without any substance. 16. As observed in many case, the test that is to be applied is “judged solely by eye”. The

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Dec 18 2015

M. Veerabhadraiah and Another Vs. The Union of India, By Its Secretary ...

Court : Karnataka

Decided on : Dec-18-2015

Subject : Land Acquisition

14/07/2014 issued by the respondent-Registrar General, High Court of Karnataka, Bengaluru, by which, the private respondent-advocates have been designated as senior advocates under Section 16 of the advocates Act, 1961 (hereinafter, referred to as "the Act"). A … and Others vs. High Court of Judicature at Allahabad and another [AIR 2000 Allahabad 300 (FB)], which is a decision of the Allahabad High Court, … General, High Court of Karnataka, Bengaluru, by which, the private respondent-advocates have been designated as senior advocates under Section 16 of the advocates Act, 1961 (hereinafter, referred to as "the Act"). A direction is also sought to frame

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May 15 2013

Micolube India Limited Vs. Rakesh Kumar Trading as Saurabh Industries ...

Court : Delhi

Decided on : May-15-2013

Subject : Intellectual Property

suit for infringement of registered design is maintainable against the another registered proprietor of the design under the Designs Act, 2000; (2) Whether there can be availability of remedy of passing off in the absence of express saving or … whether the registration is prima facie evidence of validity. The question under reference rather invites the construction of Section 22 of the Design Act, 2000 so as to discern whether it permits a suit for infringement of … investigation record a confession except in the manner laid down in Section 164. The power to record the confession had obviously been given so that

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Jan 09 2017

M/s. Maya Appliances Private Limited, Besant Avenue, Adyar, Chennai an ...

Court : Chennai

Decided on : Jan-09-2017

Subject : MRTP

view that there is no necessity to allow the application filed for appointment of Advocate Commissioner being consequential. Designs Act, 2000 Section 2(d), Section 4, Section 6, Section 19, Section 22 Trade and Merchandise Mark Act, 1958 Indian Penal Code … disadvantage before trade dress protection is denied on functionality grounds. Id. at 940 (quoting Qualitex, 514 U.S. At 165, 115 S.Ct.1300). .................. This was incorrect as a comprehensive definition. TrafFix, 121 S. Ct. at 1261. The Court

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Apr 30 2003

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

Court : Mumbai

Decided on : Apr-30-2003

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)

governed by the Designs Act, 2000 or the Designs Act, 1911. The Designs Act, 2000 i.e. Act No. 16 of 2000 was enacted on 25.5.2000 as 'an Act to consolidate and amend the law relating to protection … 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

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