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Srmb Udyog Limited Through Its Marketing Manager Sri Sunil Kumar Vs. A ...
Jharkhand
May-16-2007
Intellectual Property Rights
Designs Act, 2000 - Sections 19 and 22; Designs Act, 1911; Code of Civil Procedure (CPC) - Order 39, Rules 1 and 2
AIR2008Jhar32; 2007(2)BLJR2208; [2007(3)JCR374(Jhr)]
gone into the grounds taken by the defendant No. 1 in its petition under Section 19 of the Designs Act, 2000 (for short 'the Act') filed before the Controller and also the bona fides of defendant No. 1, before … Suit No. 3 of 2006 rejecting the application filed on behalf of the plaintiff-appellant for injunction under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure.2. The appellant-plaintiff filed a suit along with an
Tag this Judgment! AI Brief & AskHindustan Sanitaryware and Industries Ltd. Vs. Dip Crafts Industries
Delhi
Dec-13-2002
Intellectual Property Rights
Designs Act, 2000 - Sections 22; Code of Civil Procedure (CPC), 1908 - Order 39, Rules 1 and 2
2003(26)PTC163(Del)
for admission/denial of documents. Intellectual Property Rights - piracy - Section 22 of Designs Act, 2000 and Order 39 Rules 1 and 2 of Code of Civil Procedure, 1908 - application by plaintiff (appellant) for temporary injunction … the plaintiffs as also passing off and indulging in activities within the meaning of Section 22 of the Designs Act, 2000.4. Summons and notices were issued in the suit whereupon, the defendant has entered appearance and filed a written
Tag this Judgment! AI Brief & AskDart Industries Inc. and anr. Vs. Techno Plast and ors.
Delhi
Jun-04-2007
Intellectual Property Rights
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
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 … 9.8. Along with the plaint, the plaintiffs have filed is No. 3592/05, which is an application under Order 39 Rules 1 & 2 CPC for ad-interim injunction in which ex-parte injunction was granted in favor of the
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Dabur India Ltd. Vs. Amit JaIn and anr.
Delhi
Dec-03-2008
Civil
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
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 … the dismissal of its application IA No. 1910 of 2007 under Order 39 Rules 1 and 2 CPC in CS (OS) No. 314 of 2007,
Tag this Judgment! AI Brief & AskGlaxo Smithkline Consumer Healthcare Gmbh and Co. Kg and anr. Vs. Anch ...
Delhi
Apr-15-2004
Intellectual Property Rights
Designs Act, 2000 - Sections 4, 19 and 19(1); Code of Civil Procedure (CPC) , 1908 - Order 39, Rules 1, 2 and 4
2004(29)PTC72(Del)
the plaintiff suffers or not from any of the vices enumerated in Sections 4 and 19 of the Designs Act, 2000. It is also to be seen as to whether the aforesaid design is a 'new design' and the … R.C. Chopra, J.1. In is No. 10928/2002, under Order 39 Rules 1 & 2 of Code of Civil Procedure, plaintiffs seek an … the defendant has failed to even prima facie establish that it is hit by the defenses available under Sections 4 and 19 of the Act.10. Learned counsel for the plaintiffs has also argued that in case there
Tag this Judgment! AI Brief & AskTelemecanique and Controls (i) Limited Vs. Schneider Electric Industri ...
Delhi
Nov-07-2001
Commercial
Code of Civil Procedure (CPC), 1908 - Sections 151 - Order 39, Rules 1 and 2; Patents Act, 1970 - Sections 64, 68, 83, 90 and 107; Patents Rules, 1972 - Rules 73 and 74; Designs Act, 1911 - Sections 2(5); Designs (Amendment) Act, 2000 - Sections 2; Indian Law
94(2001)DLT865
which is in substance a mere mechanical device. It is stated that the position remains the same under Designs Act, 2000 in terms of Section 2(d). This plea is being opposed by Mr. Mukul Rohatgi, learned senior counsel for … dated 27.11.2000 of the learned Single Judge allowing interim application of the respondent is No. 8522/99 under order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 and the order
Tag this Judgment! AI Brief & AskPravinbhai Jagjivandas Mehta Vs. Officine Lovato S.P.A.
Gujarat
Feb-01-2002
Intellectual Property Rights
Designs Act, 1911 - Sections 51A and 53; Designs (Amendment) Act, 2000 - Sections 22; Code of Civil Procedure (CPC) , 1908 - Order 39, Rules 1, 2 and 4
2002(25)PTC161(Guj)
filed by him against defendant No. 1 Officine Lovato S.P.A. (the first defendant) under Section 22 of the Designs Act, 2000 (the Act). Since in all the five suits the parties are the same and common questions of law … made judicially. In such cases the Court would apply the principles which govern grant of injunction under Order 39 Rules 1 and 2, CPC. The grant of refusal of injunction must then be heard upon all relevant
Tag this Judgment! AI Brief & AskMicroforms Inc Vs. Girdhar and Co. and ors.
Delhi
Jan-13-2006
Intellectual Property Rights
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
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 … The plaintiff has claimed that the artistic work constitutes original artistic work as defined within the meaning of Section 2(c) of the Copyright Act. The plaintiff also claims that it enjoys copyright protection in India as a … 20.06.199621. JUNE V Au-432-374 19.05.199823. LEIPZIG V Au-380-615 24.01.199731. MEISSEN V Au 391-653 20.05.199733. PALMETTO V Au-356-331 21.11.199538. PRESTIGE V Au-406-109 17.12.199742. TARSUS V Au-458-207
Tag this Judgment! AI Brief & AskTroikaa Pharmaceuticals Ltd. Vs. Pro Laboratories (P) Ltd. and anr.
Gujarat
May-15-2008
Intellectual Property Rights
Designs Act, 2000 - Sections 4, 19, 22, 22(3), 53 and 53(2); Companies Act, 1956; Patents and Company Act, 1883 - Sections 47; Designs Act, 1911 - Sections 53A; Code of Civil Procedure (CPC) - Order 39, Rules 1 and 2
(2008)3GLR2635; LC2009(1)168
application for cancellation of registration. The grounds for cancellation of registration are mentioned in Section 19 of the Designs Act, 2000. Section 19 of the Designs Act, 2000 says that; (1) Any person interested may present a petition for the … made judicially. In such cases the Court would apply the principles which govern grant of injunction under Order 39, Rule 1 and 2 CPC. The grant or refusal of injunction must then be based upon all relevant
Tag this Judgment! AI Brief & AskFalcon Tyres Limited, Rep. by Its Chief Executive Officer Vs. Tvs Sric ...
Chennai
Apr-29-2008
Intellectual Property Rights
Design Act, 2000 - Sections 2, 4, 11(1), 19, 19(1), 22, 22(1), 22(2) and 22(3); Code of Civil Procedure (CPC) - Order 39 - Rules 1 and 2
LC2008(3)221
design in the name of the plaintiff itself is invalid being contrary to the provisions contained in the Designs Act, 2000. In this context, it is further contended that the learned single Judge has possibly construed the cause of … that, while considering the order of interim injunction as contemplated under Order 39 Rule 1 and 2 CPC., the Court is required to find out … the appellant and, Mr.R. Subramanian, for the respondent. 6. Learned single Judge observed:6.The definition of a design under Section 2(d) of the Act would show that a design is only a configuration, shape or other features. It
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