Advanced Search Results

Saranya Zaveri and anr. Vs. Kamadon Academy P. Ltd.

Court : Kerala

Subject : Company

Acts : Trade Marks Act, 1999 - Sections 134, 134(1) and 134(2); Copyright Act, 1957 - Sections 2, 13, 40, 55, 62, 62(1) and 62(2); Kerala Stamp Act - Sections 33; Corporations Act, 2001 - Sections 45A, 114, and 127(1); Evidence Act - Sections 85; Code of Civil Procedure (CPC) - Sections 15 to 20, 21, 26, 43, 115 and 151 - Order 3, Rule 1 - Order 7, Rule 1, 8, 10, 11 - Order 8, Rule 3 - Order 43, Rule 1; Constitution of India - Article 227

Reported in : [2006]133CompCas546(Ker); 2008(38)PTC554(Ker)

filed under Section 26 read with Order VII, Rule 1, Civil Procedure Code and Section 134 of the Trade Marks Act, 1999 and Section 62(2) of the Copyright Act, 1957, is for a declaration that the plaintiff is the exclusive … of the plaintiff-company. Section 45A of the Corporations Act, 2001, defines what is a proprietary company. As per Section 114 of the said Act a proprietary company should have at least one member who could be the director.

……………plaintiff Vs. Reckitt Benckiser (India) Ltd.

Court : Kolkata

Subject : MRTP

truth to the consumeRs.The foundation of its right is partly S. 29 (8) and S. 30 of the Trade Marks Act, 1999, as conceived by Reckitt.S.29 (8) and S. 30(1) of the said Act are inserted below: “29. Infringement of … against the reputation of the trade mark.”30. Limits on effect of registered trade mark. - (1) Nothing in section 29 shall be construed as preventing the use of a registered trade mark by any person for the

Midashygiene Industries Pvt. Ltd., Vs. Mr. Sudhir Bhatia, Trading As- ...

Court : Intellectual Property Appellate Board IPAB

Subject : Land Acquisition

(Circuit Bench sitting at Mumbai) Honble Shri Z.S. Negi,Chairman: The appeal above is under section 91 of the Trade Marks Act, 1999 (hereinafter referred to as the Act) against the order dated 23.6.2004 passed by the Joint Registrar of Trade

M/s. Sri Laxmi Balaji Industries Vs. M/s. Lakshmi Venkateshwar

Court : Karnataka Dharwad

Subject : Intellectual Property

Trademarks, Chennai on 08.10.2012 and petitioners herein also filed an application in I.A.No.VII under Section 124 of the Trade Marks Act, 1999 (hereinafter referred as ‘the Act’ for brevity) seeking stay of further proceedings in O.S.No.3/2012 pending the rectification proceedings … case of Whirpool Corporation, supra contends that in para No.61 of the said judgment it is discussed invoking Section 114 of the Act which is para materia to Section 124 of the Act. By referring to the judgments

Consim Info Pvt. Ltd. Vs. Google India Pvt. Ltd.

Court : Chennai

Subject : Intellectual Property

say that the dispute on hand has to be decided in the context of the provisions of the Trade Marks Act, 1999. Section 28 of the Act gives an indication of the rights conferred by registration of Trade Marks. Under Sub-Section … the letter of the Lanham Act."85. In FILIPINO YELLOW PAGES, INC. vs. ASIAN JOURNAL PUBLICATIONS, INC. {198 F.3d 1143}, the publisher of Telephone Directory for Filipino-American Community of Southern California brought an action for trademark infringement arising

Kale Khan Mohd. Hanif and ors. Vs. Mohd. Iqbal

Court : Madhya Pradesh

Subject : Intellectual Property Rights

Reported in : AIR2009MP84; 2009(40)PTC210(MP)

the goodwill and trade mark are not one as is evincible from Sections 38 and 39 of the Trade Marks Act, 1999; that the Commissioner, R.K. Mangal, in his evidence has clearly stated that the valuation of goodwill in his … decree and came to hold that the goodwill and trade mark are not one as is evincible from Sections 38 and 39 of the Trade Marks Act, 1999; that the Commissioner, R.K. Mangal, in his evidence has … business.69. In Halsbury's Laws of England, 4th Edn. Vol. 35, at pp. 114-15, the law is stated in the following terms:201. Goodwill generally, right to

Unilin Beheer b.v. Vs.balaji Action Buildwell

Court : Delhi

Subject : Land Acquisition

defendant / applicant, whether there is any provision in the Patents Act analogous to Section 124 of the Trade Marks Act, 1999. CS(COMM) 1683/2016 Page 1 of 13 4. The counsel for the defendant / applicant has drawn attention to … defendant/applicant, the proceedings were adjourned to today.3. The counsel for the defendant/applicant has today drawn attention to Section 114(1) of the Patents Act and has contended that the defence taken by the defendant/applicant in this suit would

Pacific Health Care Pvt. Ltd. and Vs. State of West Bengal and ors.

Court : Sales Tax Tribunal STT West Bengal

Subject : MRTP

Reported in : (2001)123STC305Tribunal

of Commissioner of Sales Tax v. Industrial Coal Enterprises, reported in [1999] 114 STC 365 (SC) ; (1999) 2 JT 6 (SC). That was a … to buy the entire production of the said company on principal to principal basis after getting its brand names/trade marks affixed by the applicant-company on the goods. Neither in Section 39 of 1994 Act, nor in Rules 98 … (in short, "1995 Rules") by insertion of a new clause, i.e., Clause (v) with effect from September 1, 1999 will be enforceable in respect of newly set up small-scale industrial units who started enjoying the tax holiday

The Tabocco Institute of India Vs. Union of India

Court : Karnataka

Subject : Land Acquisition

19 AND THAT IT IS NOT SAVED BY ARTICLE304OF THE CONSTITUTION OF INDIA AND IS CONTRARY TO THE TRADE MARKS ACT, 1999 AND/OR THE LEGAL METROLOGY (PACKAGED COMMODITES) RULES, 2011, & ETC. WRIT PETITION NO.35717/2016 IS FILED UNDER ARTICLES226& 227 … including pictorial warnings, production, supply or distribution of cigarettes or any other tobacco products, is prohibited as per Section 7(1). Even carrying on of trade or commerce in cigarettes and other tobacco products is also prohibited, unless … PUBLIC DISTRIBUTION, REP. BY ITS SECRETARY, KRISHI BHAVAN, NEW DELHI - 110 114. ..RESPONDENTS (BY SRI KRISHNA S.DIXIT, ASG, ALONG WITH SRI ADITYA SINGH &

Delhi Public School Society Vs. DPS World Foundation and Another

Court : Delhi

Subject : Intellectual Property

to be injuncted forthwith without there being any other additional requirement as prescribed under the provisions of the Trade Marks Act, 1999, or the principles of common law. 10. Mr. Sethi would heavily rely upon Section 29 of the Trade … Ferozabad and Ors.; (18) Ex-parte injunction order dated 19.09.2011 passed in favour of the plaintiff in CS(OS) No. 114/2011 in case titled as Delhi Public School Society vs. DPS Bharatpur and Anr.; (19) Order dated 07.08.2012 confirming