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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)

Designs Act, 2000 enables the Central Government, for the purposes of classification of articles, (to facilitate registration under Section 6 of the Designs Act, 2000) to frame rules. Pursuant to this, the Designs Rules, 2001 were framed; Rule … 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designs are concerned, the protection is provided under the Designs Act, 2000, which came into force from May, 2001 and repealed the earlier Designs Act, 1911.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

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Sep 13 2005

Metco Polymers Pvt. Limited and Vs. Madhu Inflatables Pvt. Limited and

Court : Chennai

Decided on : Sep-13-2005

Subject : Intellectual Property Rights

Acts : Designs Act, 2000 - Sections 2, 4, 5, 6, 9, 19, 22, 22(2) and 22(3); Code of Civil Procedure (CPC) - Sections 115

Reported in : (2005)4MLJ294

C.S.No.638 of 2003. 2. The said suit was filed by the present appellants under Section 22 of the Designs Act, 2000 (hereinafter referred to as 'the Act') for permanent injunction restraining the defendants from in any manner infringing upon … for registration, shall not be registered. Section 5 provides for filing of application for registration of designs and Section 6 envisages registration to be in respect of particular article. Section 9 empowers the Controller to grant certificate of

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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)

lesser than and not to be equated with the protection granted to a work of pure Article 34. Section 6 of the Designs Act, 2000 reads as follows: 6. Registration to be in respect of particular article.-(1) A … 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

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Feb 11 2004

iag Co. Ltd. Vs. Triveni Glass Ltd.

Court : Kolkata

Decided on : Feb-11-2004

Subject : Intellectual Property Rights

Acts : Designs Act, 2000 - Sections 22, 22(2), 22(3), 48 and 48(2) to 48(5); ;Designs Act, 1911 - Section 53; ;Designs Rules, 1933; ;Designs Rules, 2001; ;General Clauses Act, 1897 - Section 6

Reported in : (2004)3CALLT71(HC),2004(29)PTC665(Cal),[2004]51SCL498(Cal)

was instituted by the plaintiff on August 1st, 2003; it was not pending at the commencement of the Designs Act, 2000. Section 48(4) of the Designs Act, 2000 saved only the pending proceeding. So the case of the plaintiff will … incorporation of the General Clauses Act, 1897 all rights acquired under the Designs Act, 1911 have been preserved. Section 6 of the General Clauses Act, 1897 specifics rights that arc not to be affected by repeal of any

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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

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Aug 13 2012

M/S. Videocon Industries Limited Vs. M/S Whirlpool of India Limited

Court : Mumbai

Decided on : Aug-13-2012

Subject : MRTP

filed suit bearing Suit (lodging) No.1675 of 2012 in this Court seeking an injunction invoking provisions of the Designs Act, 2000 (hereinafter referred to as the 'said Act') against appellant M/s Videocon Industries Pvt. Limited (hereinafter referred as 'Videocon'). … reason why Videocon Industries could not market their product which has substantial difference, is mis-conceived in view of section 6 of the Act. Section 6 of the Act places the similar designs sought to be registered by the

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Aug 13 2012

M/S. Videocon Industries Limited Vs. M/S Whirlpool of India Limited

Court : Mumbai

Decided on : Aug-13-2012

Subject : MRTP

filed suit bearing Suit (lodging) No.1675 of 2012 in this Court seeking an injunction invoking provisions of the Designs Act, 2000 (hereinafter referred to as the 'said Act') against appellant M/s Videocon Industries Pvt. Limited (hereinafter referred as 'Videocon'). … reason why Videocon Industries could not market their product which has substantial difference, is mis-conceived in view of section 6 of the Act. Section 6 of the Act places the similar designs sought to be registered by the

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Apr 15 2025

Cryogas Equipment Private Limited versus Inox India Limited and Others

Court : Supreme Court of India

Decided on : Apr-15-2025

Subject : Land Acquisition

Reported in : [2025] 4 S.C.R. 765

Commercial Court and thus rejecting the application u/Or.VII, R.11 of the CPC.Headnotes† Copyright Act, 1957 - s.15(2) - Designs Act, 2000 - s.2(d) - What are the parameters for determining whether a work or an article falls within the … Act, 2000; Trade and Merchandise Marks Act, 1958; English Registered Designs Act, 1949; Penal Code, 1860.List of Keywords Section 15(2) of Copyright Act, 1957; Section 2(d) of Design Act, 2000; Design; Rejection of plaint; Order VII, Rule … guided by statutory provisions, judicial precedents, and comparative jurisprudence. [Paras 58, 59, 60, 61]Copyright Act, 1957 - Designs Act, 2000 - Code of Civil Procedure,

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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 … pattern and ornamentation is entitled to manufacture its product, Shri Dhond submits that in view of provision of section 6 of the said Act, since the plaintiff is the registered proprietor of the washing machines for which the

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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 … pattern and ornamentation is entitled to manufacture its product, Shri Dhond submits that in view of provision of section 6 of the said Act, since the plaintiff is the registered proprietor of the washing machines for which the

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