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Kapil Wadhwa and Others Vs. Samsung Electronics Co. Ltd. and Another

Court : Delhi

Subject : Land Acquisition

we be able to discern the real from the mirage. 19. Clause ‘t‘ ‘u‘ and ‘v‘ of sub Section 1 of Section 2 of the Trade Marks Act, 1999 defines ‘register‘ ‘registered‘ and ‘registered proprietor‘ respectively, to mean … the defendants being the appellants before us in an intra-Court appeal. The port of destination: 5. Whether the Trade Marks Act 1999 embodies the International Exhaustion Principle or the National Exhaustion Principle when the registered proprietor of a Trade Mark

Goenka Institute of Education and Research Vs. Anjani Kumar Goenka and ...

Court : Delhi

Subject : Intellectual Property Rights

Acts : Trademark Act, 1999 - Sections 9, 9(1), 12, 13, 27(2), 28, 28(1), 28(3), 30(1), 30(2), 31, 33, 35 and 57; Trade Merchandise Marks Act, 1957 - Sections 2(1), 9, 13 and 34; Code of Civil Procedure (CPC) - Order 41, Rule 27

Reported in : 2009(40)PTC393(Del)

of this judgment by exercising powers similar to those vested in a Registrar under Section 12 of the Trade Marks Act, 1999.Prior use paras 6(i) & (ii), Infringement & Passing off Paras 6(v), Surname and Distinctiveness para 6(iii)14. The respondents … are owners being prior users of the trade mark. In fact the appellant is running since the year 1995 'Mohini Devi Goenka Mahila Mahavidyala' and, therefore, 'Goenka' is very much a prominent part of the name of

S.Oliver Bernd Freier Gmbh and Co. Kg. Vs. Karni Enterprises and anr.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Trade Marks Act, 1999 - Sections 134 and 134(2); Copyright Act, 1957 - Sections 62(1) and 62(2); Trade Marks Act, 1958; Code of Civil Procedure (CPC) , 1908 - Sections 16 to 20, 21 and 151 - Order 7, Rule 10 - Order 8, Rules 3, 4 and 5 - Order 39, Rules 1 and 2

Reported in : LC2007(1)28; 2006(33)PTC574(Del)

all kinds. The plaintiff's trademark 's.Oliver' is duly registered in favor of the plaintiff in India under the Trade Marks Act, 1999 vide Trademark Registration No. 522064 in Class 25 in relation to articles of clothing included in class 25 … Reva Khetrapal, J.1. This application under Order 7 Rule 10 read with Section 21 and Section 151 Code of Civil Procedure is filed by the defendants for return of the plaint

Adepu Surendra Vs. Adepu Ravindra

Court : Andhra Pradesh

Subject : Intellectual Property RightsCivil

Acts : Trade Marks Act, 1999 - Sections 14 and 57; Code of Civil Procedure (CPC) , 1908 - Sections 151 - Order 39, Rules 1 and 2; Trade and Merchandise Marks Act, 1958

Reported in : 2007(6)ALD718

not just and proper. The learned Counsel also had pointed out to the relevant statutory provisions under the Trade Marks Act, 1999. The learned Counsel also placed strong reliance on certain decisions.4. Per contra, Sri Hema Prakash Rao, learned Counsel … would submit that even if it is to be taken that there is some violation or contravention of Section 14 of the Trade Marks Act, 1999, the procedure available to the appellant is elsewhere i.e., within the … pointed out to the relevant statutory provisions under the Trade Marks Act, 1999. The learned Counsel also placed strong reliance on certain decisions.4. Per contra,

Alaknanda Cement Private Limited. Vs. Ultratech Cement Limited

Court : Mumbai

Subject : Trade Mark

Acts : Trade Mark Act, 1999 - Section 17 (2), 17 (a) (b) (i) (ii), 29

specified in Class-19 of the Fourth Schedule of the Trade Marks Rules, 2002 (`the Rules') framed under the Trade Marks Act, 1999 (`The Act') and the same is valid and subsisting. 7 The plaintiff's contentions are as under :- (a) … exclusive right to the use of the trade mark taken as a whole. (2) Notwithstanding anything contained in sub-section (1), when a trade mark-- (a) contains any part-- (i) which is not the subject of a separate application

Samsung Electronics Company Limited and Another Vs. Kapil Wadhwa and O ...

Court : Delhi

Subject : Land Acquisition

plaintiffs to India amounts to infringement of the trade mark within the meaning of Section 29 of the Trade Marks Act, 1999. In this context, Mr. Anand has read and relied on Section 29 of the Trade Marks Act, 1999 … MANMOHAN SINGH, J. 1. By this order, I propose to dispose of IA No.7774/2011 filed by plaintiff under Order XXXIX Rules 1

Micolube India Ltd. Vs. Maggon Auto Centre and anr.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Trade Marks Act, 1999 - Sections 2(1), 3(2), 11, 28, 28(1), 28(3), 30, 30(2), 124, 124(1), 124(2) and 135(2); Code of Civil Procedure (CPC) , 1908 - Sections 151 - Order 39, Rules 1, 2 and 4; Companies Act, 1956

Reported in : 166(2010)DLT642

under consideration being I.A. No. 3915/2009 has been filed by defendant No. 2 under Section 124(1) of the Trade Marks Act, 1999 read with Section 151 of the Code of Civil Procedure, 1908 (referred to as the CPC for brevity)

B. Mohamed Yousuff Vs. Prabha Singh Jaswant Singh, Rep. by Its Power o ...

Court : Chennai

Subject : Intellectual Property Rights

Acts : Trade Marks Act, 1999 - Sections 11, 12, 12(2), 25, 25(1), 25(2), 25(3), 30(2), 38, 42, 45, 45(1), 46, 47, 47(1), 50, 56, 57, 57(1), 57(2), 83, 84, 92, 93, 107, 108(3), 109(2), 109(4), 109(5), 124, 124(1), 124(2) to 124(5) and 125; Administrative Tribunals Act - Sections 28; Trade and Merchandise Marks Act, 1958 - Sections 108(2), 108(3), 109(4), 109(5), 111 and 111(1)(B); Trade Marks Rules, 2002 - Rules 4, 6, 7, 63(1), 64(3) and 66; Intellectual Property Appellate Board (Procedure) Rules, 2003 - Rule 16; Constitution of India - Articles 32, 226, 227, 323A and 323B; Code of Civil Procedure (CPC) - Sections 100

Reported in : LC2007(1)107

respectively. 3. Since the parties hereto have wielded against one another, almost all the weapons available under the Trade Marks Act, 1999, such as (i) opposition for registration, (ii) Assignment (iii) appeals and review petitions before the Appellate Board, (iv) … one another, almost all the weapons available under the Trade Marks Act, 1999, such as (i) opposition for registration, (ii) Assignment (iii) appeals and review … with the full name and address of their firm in prominent feature on the label, sticker etc., under Section 12 of the Act without any territorial restriction. But in respect of the Kangayam party, the Assistant Registrar

M/S Mahashian Di Hatti Ltd. Vs. Mr. Raj Niwas, Proprietor of Mhs Masal ...

Court : Delhi

Subject : Trade Marks

Acts : Trade Marks Act, 1999 - Sections 28, 29(1)

Ex.PW-1/16 is the registered label/packaging of the plaintiff in respect of Shahi Paneer masala. 8. Section 28 of Trade Marks Act, 1999 gives to the registered proprietor of the trade mark the exclusive right to the use of the trade

Nico Quality Products Vs. Nc Arya Snuff Cigar Company

Court : Chennai

Subject : Intellectual Property

K.K.and others].15.The learned senior counsel for the applicant/plaintiff, by relying upon Sections 37, 38 & 39 of the Trade Marks Act, 1999, has submitted that the registration of trademark shall be assignable and transmissible with or without the goodwill of … caused the present suit in active collusion with the other partner of the applicant-company viz., C.Vijay. 7(d)Further, under Section 45 of the Trademarks Act, 1999, any assignment of the registered trademark without the goodwill of the business … from infringing the applicant's registered trademarks bearing numbers 454103, 454106, 454109, 592763, 180448, 180449, 559308, 178484, 179074 and 194656 in Class 34, in any manner