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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 … the expression in normal parlance connotes, because of the ambit of a civil action within the meaning of Section 9 of the Code. But it is necessary that the following three conditions would be satisfied, namely:(1) The agent

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 … has been registered by the Controller of design, who has granted a certificate of registration in terms of Section 9 of the Designs Act.4. It was contended before me that once certificate of registration has been granted, there

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) … the commencement of this Act, shall be incorporated in and form part of the register under this Act.” Section 9 lays down the absolute grounds for refusal of registration and such absolute grounds are as under :- “9.

Modern Dies Vs. Symphony Comforts Systems Ltd. and anr.

Court : Delhi

Subject : SICA

Acts : Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 15 to 22, 25 and 31; Code of Civil Procedure (CPC) - Sections 151; Design Act, 1911 - Sections 51A; Companies Act, 1956 - Sections 25; Andhra Pradesh General Sales Tax Act, 1957 - Sections 17; State Financial Corporation Act, 1951 - Sections 29

Reported in : I(2006)BC178; (2006)142PLR15

petition for cancellation of design registration No. 172063 dated 26,2.1997 under the provisions of Section 51-A of the Designs Act, 1911. It is pleaded that the petitioner's sister concern Modern Fans having same partners is dealing in the

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 … protection of literary or artistic works first signed at Berne on September 9, 1886, was revised at Berlin in 1908, at Rome in 1928, at … 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

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 … No.14 o”21. The argument has also been raised by the learned counsel for the plaintiff and interveners that Section 9 of the Code of Civil Procedure, 1908 permits every kinds of the suits unless there are expressly or

Green Valley Biscuit Pvt. Ltd. Vs. Madhabi Biscuit Pvt. Ltd.

Court : Guwahati

Subject : Intellectual Property Rights

Acts : Designs Act, 1911; Designs Act, 2000; Trade and Merchandise Marks Act, 1958 - Sections 9; Trade Marks Act, 1999 - Sections 27 and 29

trade mark to protect the design of the biscuits under the Designs Act, 1911 (now substituted by the Designs Act, 2000) and the same has been registered accordingly. Since February 2001 the appellant noticed that the respondent company has … the appellant has no exclusive and monopolistic right in the word 'Cocktail' and 'Society' which are descriptive under Section 9 of the Trade and Merchandise Marks Act, 1958. According to them, there being no restriction under the provisions

Democratic Bar Association, Allahabad and Others Vs. High Court of Jud ...

Court : Allahabad

Subject : Constitution

Acts : Advocates Act, 1961 - Sections 16, 16(1), (2) and (3), 17(1), (2) and (3), 17 to 27, 28, 34, 34(1) and 49; Designation of Senior Advocates Rules, 1999 - Rules 1, 2, 3, 3(A) and (B), 5, 9 and 12; Constitution of India - Articles 14, 19, 216, 217(2), 226, 233(2) and 235; Societies Registration Act, 1860; Evidence Act, 1872 - Sections 76; Companies Act, 1956 - Sections 237; Company Law Board (Procedure) Rules, 1964

Reported in : 2000(3)AWC2383A; (2000)2UPLBEC1387

Matched in: Citation 2000(3)AWC2383A; (2000)2UPLBEC1387

Bharat Glass Tube Limited Vs. Gopal Glass Works Limited

Court : Supreme Court of India

Subject : Intellectual Property Rights

Acts : Designs Act, 2000 - Sections 1, 1(3), 2, 3, 4, 5, 6, 7, 9, 10, 11, 11(2), 12, 17, 18, 19, 22, 32, 36, 37, 44 and 51; Designs Act, 1911 - Sections 51A; Trade and Merchandise Marks Act, 1958 - Sections 2 and 2(1); Indian Penal Code (IPC), 1860 - Sections 479; Copyright Act, 1957 - Sections 2; Registered Designs Act, 1949; Designs Rules, 2001 - Rules 11 and 29

Reported in : AIR2008SC2520; LC2008(2)173; (2008)5MLJ939(SC); 2008(37)PTC1(SC); 2008(8)SCALE4; (2008)10SCC657; 2008AIRSCW3509; 2008AIRSC2520; [2008] 7 SCR 397

up and colour shades and the same were registered and/or were awaiting registration as industrial designs under the Designs Act, 2000 (hereinafter to be referred to as the Act of 2000) and the Rules framed thereunder. For production of … registration to be in respect of particular article. Section 7 deals with publication of particulars of registered designs. Section 9 deals with the certificate of registration which reads as under:9. Certificate of registration.- (1) The Controller shall grant

Pravinbhai Jagjivandas Mehta Vs. Officine Lovato S.P.A.

Court : Gujarat

Subject : Intellectual Property Rights

Acts : Designs Act, 2000 - Sections 19, 22(2) and 22(3)

Reported in : 2002(25)PTC398(Guj)

case, the registration of the designs of favour of the appellant was cancelled under Section 19 of the Designs Act, 2000, or under the Copyright Act, the interim directions shall cease to operate even before the disposal of the … the appellant, were transferred to the High Court under Section 22(4) of the Act by orders made on 9.1.2002.3. According to the appellant the cause of action in respect of these suits had arisen when the second