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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 … defined in Section 479 of the Indian Penal Code;28. Part II deals with the registration of designs and Section 47 stipulates that when a design is registered, the registered proprietor of the design shall have copyright in the

Troikaa Pharmaceuticals Ltd. Vs. Pro Laboratories (P) Ltd. and anr.

Court : Gujarat

Subject : Intellectual Property Rights

Acts : 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

Reported in : (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 … it was held that the words 'new or original design not previously published in the United Kingdom' in Section 47 of the Patents & Co., Act, 1883, did not require novelty in the idea of the design, but

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designs are concerned, the protection is provided under the Designs Act, 2000, which came into force from May, 2001 and repealed the earlier Designs Act, 1911.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 … of being registered as a 'design' under The Designs Act, 191130. Section 47(2)(c) - of the Designs Act, 2000 enables the Central Government, for the … 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

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) … shall be determined only on an application for the rectification of the register and, notwithstanding anything contained in section 47 or section 57, such application shall be made to the Appellate Board and not to the Registrar. (2)

Pawan Deep Singh Bahl Vs. Princep Supply Agency

Court : Delhi

Subject : Intellectual Property

of any of the acts complained by the plaintiff. And that in accordance with Sec. 20 of the Designs Act, 2000 read with Sec. 47 and Chapter XVII of the Patents Act, 1970, a patent/design is granted subject to … passed off its goods as those of product as that of the plaintiff?. OPP9) Whether the immunity under Section 99 and 100 of the Patents Act, 1970 available to a Govt. Undertaking (RDSO) is passed on to

Jagdish Saran Vs. Ixth Addl. District Judge and ors.

Court : Allahabad

Subject : Tenancy

Reported in : 2008(3)AWC2592

the threshold.67. What, therefore, transpires from the above discussion is that the tenant has succeeded in his dubious designs to retain the possession of the shop for which the decree for eviction was passed on 16th May, … had attained finality.34. In Rajappa Hanamantha Ranoji v. Mahadev Channabasappa and Ors. 2000 SCFBRC 321, the Supreme Court made strong observations against such a tenant … possession of the tenanted shop.FIRST ATTEMPT (6.4.1973 to 13.11.1982)9. On 6.4.1973 the judgment-debtor Shiv Shankar filed objections under Section 47 of Code of Civil Procedure 1908 (hereinafter referred to as 'CPC') alleging that fresh tenancy rights had been … 16(1)(b) of the U.P. Urban Buildings, (Regulation of Letting, Rent & Eviction) Act, 1972 (hereinafter referred to as the 'Act') was rejected. The petitioner has

Midas Hygiene Industries Pvt. Ltd. Vs. Sudhir Bhatia

Court : Delhi

Subject : Intellectual Property

******* ******** ********* 15. Special provision regarding copyright in designs registered or capable of being registered under the Designs Act, 2000 (16 of 2000) - (1) Copyright shall not subsist under this Act in any design which is registered … capable of and compulsorily registrable. In this context, learned counsel argued that the Design Rules, 2001, framed under Section 47 of the Design Act, enabled various articles to be registered and classified them. It was submitted in this

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

Court : Delhi

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 … only with the object of putting it to industrial/commercial use. (Emphasis Supplied) 47. In the Judgment of Microfibres (supra) of learned Single Judge, it has

Mohan Lal Proprietor of Mourya Industries Vs. Sona Paint and Hardwares

Court : Delhi

Subject : Intellectual Property

came to be filed in the District Court on an application being moved under Section 22(4) of the Designs Act, 2000 (in short the Designs Act), CS(OS) 348/2008 (originally numbered as CS(OS) 358/2007, was transferred to this court vide … under Section 51 of the old Act (now Section 52). The learned Judge, while recognizing the fact that Section 47 of the old Act (now Section11) created a substantive right in favour of the person whose design was

M.C.Jayasingh Vs. Mishra Dhatu Nigam Limited

Court : Chennai

Subject : Land Acquisition

Side Rules, Section 108 read with Section 50(1) of the Patents Act, 1970 and Section 22(2)(b) of the Designs Act, 2000. ----- For Plaintiff : Mr.M.Sundar For Defendant-1 : Mr.V.Chandrakanthan For Defendants 2&3 : Mr.C.Manishankar For Defendant-4 : Mr.N.L.Rajah … is too doubtful to be opposed to that of their general suppression,' V Writings of Thomas Jefferson at 47 (Ford. ed. 1895). His views ripened, however, and, in another letter to Madison (Aug. 1789) after the drafting