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Carlsberg Breweries a/S vs.som Distilleries and Breweries Limited

Court : Delhi

Subject : Intellectual Property

of its product, viz. beer, under the brand “TUBORG”, design whereof is registered under the provisions of the Designs Act, 2000. The novelty of the applicant’s registered design resides in the shape and configuration of the bottle.3. The plaintiff … a fraudulent imitation of the plaintiff’s registered bottle design which is liable to be injuncted by virtue of section 22 of the Designs Act, 2000. He submits that the copy must be a fraudulent or obvious imitation … (27) PTC580 I.A. No.10972/2015 in C.S. (OS) No.1485/2015 Page 25 of 119 42. He has also placed reliance on Ramdev Food Products Pvt. Ltd. v.

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 … offence of cheating and fraud within the meaning of Section 415 & 420 read with Section 120B IPC..10. The learned senior counsel summarized his arguments

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

Alaska Dept. of Environmental Conservation Vs. Epa

Court : US Supreme Court

Subject : Land Acquisition

Clean Air Act’s (CAA or Act) Prevention of Significant Deterioration (PSD) program, 42 U. S. C. §7477, was designed to ensure that the air quality in “attainment areas,” i.e., areas that are already “clean,” will not degrade, … that ADEC’s decision in the proposed permit therefore is both arbitrary and erroneous.” App. 149. On February 8, 2000, EPA, again invoking its authority under §§113(a)(5) and 167 of the Act, issued a second order, this time … of the Act vest enforcement authority in the Environmental Protection Agency (EPA). Section §113(a)(5) generally authorizes the EPA, when it finds that a State is

Nevada Dept. of Human Resources Vs. Hibbs

Court : US Supreme Court

Subject : Land Acquisition

Compare Kazmier v. 726 Widmann, 225 F.3d 519 , 526, 529 (CA5 2000), with 273 F.3d 844 (case below). For over a century now, we … § 2612(a)(1)(C) is congruent and proportional to its remedial object, and can "be understood as responsive to, or designed to prevent, unconstitutional behavior." City of Boerne, supra, at 532. The judgment of the Court of Appeals is … of Human Resources (Department), sought leave to care for his ailing wife under the Family and Medical Leave Act of 1993 (FMLA), which entitles an eligible employee to take up to 12 work weeks of unpaid leave … supra, at 80. Two provisions of the Fourteenth Amendment are relevant here: Section 5 grants Congress the power "to enforce" the substantive guarantees of § … heightened scrutiny, see, e. g., Craig v. Boren, 429 U. S. 190 , 197-199; i. e., they

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 … 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

Commissioner of Income Tax, Dehradun and anr. Vs. Enron Oil and Gas In ...

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 32, 42, 42(1), 115A and 293A

Reported in : (2008)218CTR(SC)641; [2008]305ITR75(SC); JT2008(10)SC154; 2008(12)SCALE225; 2008(2)LC1265(SC)

that before the Tribunal the matter pertained to Assessment Years 1999-00, 1998-99, 2000- 01 and 1996-97. However, for the sake of convenience, the Tribunal focused … also entitled to participating interest of 30%. ONGC was entitled to a participating interest of 40%. EOGIL was designated as the Operator under the said PSC.3. Vide Notification No. 9997 dated 8.3.1996 under Section 293A of the … and cold. Consequently, it was held that just as foreign exchange gain was taxable, loss was allowable under Section 42(1) of Income Tax Act in terms of the PSC. Therefore, CIT(A) allowed as deduction the loss of Rs.

State of Punjab and ors. Vs. Sanjeet Singh Grewal and ors.

Court : Supreme Court of India

Subject : PropertyCivil

Acts : Land Acquisition Act, 1894 - Sections 4, 4(1), 14, 14(2), 28, 28(2), 29, 31, 42, 52, 52(1), 56, 56(4), 57 and 61; Punjab Regional and Town Planning and Development Act, 1995 - Sections 2, 3, 17, 28, 29, 31, 34, 38, 40(1), 42, 49(2), 56, 56(1), 56(5), 57, 58, 59, 64, 67, 68, 71(3), 75 and 179; Punjab New Capital (Periphery) Control Act, 1952 - Sections 5 and 10; Punjab Housing Development Board Act, 1952; Rajasthan Urban Improvement Act, 1959 - Sections 52; Punjab New Capital (Periphery) Control Rules - Rule 22; Constitution of India - Article 226

Reported in : JT2007(9)SC38; (2007)148PLR483; 2007(8)SCALE688; (2007)6SCC292; 2007AIRSCW4480; 2007(6)SCC292; 2007LawHerald(SC)2145.

in Civil Writ Petition Nos. 7291, 8708, 9047, 9143 and 16738 of 2000 has been impugned. Civil Appeal Nos.5721 - 5725 of 2001 have been … and it was on the recommendation of the aforesaid authority that land was sought to be acquired under Section 42 of the Act of 1995. It therefore held that the Act of 1995 was applicable.6. Considering the question … to be selected by the Board constituted under the Act of 1995. The Board was thereafter required to designate a planning agency. This was not done. The provisions of Sections 56, 57, 58 and 59 of 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 … documents dt.4.7.05 27.07.05 18.10.05 dt. 29.04.05---------------------------------------------------------------------------------1. SERVING 189685/Dt-7-02-2002 -- --BOWL Pg 1092. SEAL FOR 189687/Dt-7-02-2002 -- -- 41, 42 & 43BOWL Pg 1143. SOUP SERVER 186134/Dt-24-7-2001 114 70, 76 --WITH LADLE Pg 1194. CRYSTALWAVE 188562/Dt-26-03-2002 4, 69,

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

Court : House of Lords

Subject : MRTP

shores and depart to another country, 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 serious injury to the people and … 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 … the designation under section 14(1) of the Human Rights Act 1998 (c 42) of a derogation within paragraph (a) above." The appellants' challenge in these … 2. Eight of the appellants were certified by the Home Secretary under section 21 of the Anti-terrorism, Crime and Security Act 2001 on 17 or