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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)

on the ground of infringement of the design in view of the provisions of Section 19 read with Section 21 of the Designs Act, 2000. The learned counsel for the plaintiffs at one stage disputed the fact of … 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

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 Code

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 … edition c 1989 created by Jane Anderson printed and bound by William Clowes Ltd., England on page No. 21 & 65. This clearly shows that the products similar to this product are prior published. These are now

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

Court : Mumbai

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) … provides for advertisement of application for registration after it is accepted, absolute or subject to conditions or limitations. Section 21 provides for opposition to registration within four months from the date of the advertisement of an application for

j.c. Bamford Excavators Limited & Anr. Vs.bull Machines Pvt. Ltd.

Court : Delhi

Subject : MRTP

of drawings were functional items and would not qualify for registration of designs under Section 2(b) of the Designs Act, 2000. It was further claimed that the drawings had been specifically developed to increase the efficiency of finished products. … order granted in favour of plaintiffs was suspended on 12.12.2011. The plaintiffs‟ engineers inspected the infringing Product on 21.12.2011 and submitted their technical report on 12.04.2012 (hereafter „the technical report‟).6. While the settlement talks and negotiations were

Rotela Auto Components (P) Ltd. and anr. Vs. Jaspal Singh and ors.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Designs Act, 2000 - Sections 4, 9, 10(4), 19, 22, 22(2), 22(3) and 38; Designs Act, 1911 - Sections 51A and 53; Patents Act - Sections 64 and 107

Reported in : 95(2002)DLT830

that plaintiffs are manufacturing unique and distinctive locks since the period of its registration under the provisions of Designs Act, 2000. Some of the salient features of the plaintiffs Top Open Locks are as under:-a) Top View: (i) It … the identical or deceptively similar designs by defendants amounts to an act of piracy within the meaning of Section 22 of the Designs Act, 2000 and the defendants cannot have any justification to adopt the plaintiffs' distinctive … Ltd. : [1986]1SCR120 .12. During the course of arguments which started on 21st September, 2001 a statement was made by Mr. V.P. Singh, may be

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

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 … 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 … Supreme Court. This SLP was disposed of by the Supreme Court on 21st September 2007 by the following order:Pending hearing and final disposal of the

iag Company Ltd. Vs. Triveni Glass Ltd.

Court : Kolkata

Subject : Intellectual Property Rights

Acts : Designs Act, 1911 - Section 51A and 53; ;Designs Act, 2000 - Sections 2, 4, 19(1), 22, 22(2)(3), 22(3), 48, 48(2) and 48(4)

Reported in : 2004(3)CHN447,2005(30)PTC140(Cal)

21 (this must be typographical error, as the grounds of defence are contained in Section 22) of the Designs Act, 2000. This Court is in respectful agreement with the said ratio in Faber Castell.38. Two other judgments on which

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 … held that the owner can relinquish it’s copyright by dedicating the same in public domain as prescribed under Section 21 of the Copyright Act, 1957. But in a case where the owner neither relinquished nor entered in public

Bangalore University Vs. Dalappa and anr.

Court : Karnataka

Subject : Constitution

Acts : Karnataka Universities Act, 2000 - Sections 2(12)

Reported in : ILR2005KAR4007; 2006(4)KarLJ399

liable to be rejected. Accordingly, it is rejected. However, no order is made as to costs. KARNATAKA UNIVERSITIES ACT, 2000 - SECTION 2(12), BANGALORE UNIVERSITY STATUTES-21.2-AICTE GUIDELINES-CLAUSE 8.11-Workshop Superintendent whether a teacher- Respondent's post described as workshop superintendent-Nature … a workshop superintendent, since the respondent was appointed in an engineering college established by the University, he was designated as a workshop superintendent and the nature of the duties entrusted to the respondent being that of teaching