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M/S.Allied Blenders and vs Intellectual Property

Court : Chennai

goodwill and acquired the status of ‘well-known trademark’ and deserves to be protected under Section 11 of the Trade Marks Act, 1999.c) M/s.John Distillers Ltd (JDL) adoption of the trademark ‘ORIGINAL CHOICE’ amounts to taking unfair advantage of the reputed … Allied Blenders and Distillers Ltd (ABD), as found in its‘Statement of case’ and ‘Grounds of Rectification ‘in ORA 143/2008/TM/CH filed before the Intellectual Property Appellate Board (IPAB): The Registered Trademark “ORIGINAL CHOICE” bearing No:722161 in Class 33

Rajamani Fabrics and Swathi Textiles Vs. Mothi Textiles

Court : Chennai

Subject : Intellectual Property Rights

Acts : Trade Merchandise Marks Act, 1958 - Sections 27, 28, 29, 105, 106 and 136(2); Trade Marks Act, 1999 - Sections 27, 28, 29, 134, 134(2) and 135; Copy Right Act, 1957 - Sections 51, 58, 62, 62(2) and 63; Trade Marks Act, 1940

Reported in : LC2007(1)150; 2006(33)PTC694(Mad)

and 106 of the Trade Merchandise Marks Act, 1958 and Sections 27, 28, 29, 134 and 135 of Trade Marks Act, 1999, read with Sections 51, 58, 62 and 63 of Copy Right Act, 1957, praying for the grant of … 581 of 2000 before this Court under Order IV, Rule 1 of the Original Side Rules read with Sections 27, 28, 29, 105 and 106 of the Trade Merchandise Marks Act, 1958 and Sections 27, 28, 29, … O.S.A. No. 85 of 2001,O.S.A. No. 86 of 2001, and O.S.A. No. 143 of 2001 have been filed against the common order, dated 22.01.2001, passed

Medley Pharmaceuticals Ltd. Vs. Twilight Mercantiles Ltd. and Another

Court : Mumbai

Subject : MRTP

continuous period of five years in the use of the rival registered trade mark (Section 33 of the Trade Marks Act, 1999), i.e., affirmatively encouraged the defendant to worsen his position. This is hardly the case here. The Plaintiffs took … reasons, to avoid confusion in the dispensing of pharmaceuticals”) Campbell Products, Inc. V. John Wyeth and Bro. Inc., 143 F. 2d 977, 979, 31 CCPA 1217 (1944) it seems to us that where ethical goods are sold

Sunil Lamba Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (2004)83TTJ(Delhi)174

(P) Ltd. are separate legal entries quite distinct from Shri Sunil Lamba. He has acquired rights over the trade marks from these concerns. It is not clear whether any consideration has passed for acquiring the trade-mark rights by … clarified by the Board vide its Instruction No. 1964 dt. 17th March, 1999. In view of the facts mentioned above, we hold that the assumption … The assessee received certain amount under a restrictive covenant of not engaging himself directly or indirectly in the activities carried on by it and the assessing officer accepted the same a capital receipt.Commissioner has nowhere given any … even on merits, the Commissioner was not justified in assuming jurisdiction under section 263, therefore, the order passed under section 263 is quashed.Commissioner has nowhere … not liable to tax. The assessment under Section 143(3) of the Act was completed on 31st Dec.,

M/s. RSPL Limited Vs. Mukesh Sharma and Another

Court : Delhi

Subject : Intellectual Property

by the appellant/plaintiff. 2. The suit was filed by the appellant/plaintiff under Sections 134 and 135 of the Trade Marks Act, 1999 as also the Copyright Act, 1957 seeking permanent injunction restraining infringement of its trade mark and copyright. The … suit [CS(OS) 124/2015] which was filed by the appellant/plaintiff. 2. The suit was filed by the appellant/plaintiff under Sections 134 and 135 of the Trade Marks Act, 1999 as also the Copyright Act, 1957 seeking permanent injunction … 1]. In Ganapati Sitaram Balvalkar v. Waman Shripad Mage [(1981) 4 SCC 143] , this Court expressly stated that the view taken on a point

Mohinder Pal and Others Vs. the Deputy Registrar of Trade Marks, New D ...

Court : Intellectual Property Appellate Board IPAB

Subject : Land Acquisition

as CM(M) 536/94 and 369/99 have been transferred to this Board in terms of section 100 of the Trade Marks Act, 1999 and have been numbered as TA/99/2003 and TA/323/2004 respectively. 2. For the purpose of convenience, parties herein are … Ltd. Vs. Milkmade Corporation AIR 1974 Delhi 40, Bridgestone Company (P)Ltd. V. Bridgestone Tyre Co. Ltd. 1966 DLT 143 and London Rubber Co. Ltd. V. Durex Products AIR 1963 SC 1882and submitted that in any case the

Assistant Commissioner of Income Tax Vs. Rajesh Jhaveri Stock Brokers ...

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 36(1), 36(2), 139, 139(2), 142(1), 143(1), 143(2), 143(3), 147, 148 to 153, 156, 246 and 264; Finance Act, 1997; Finance (No. 2) Act, 1991; Finance Act, 1994; Direct Tax Laws (Amendment) Act, 1987; Income Tax Act, 1922

Reported in : AIR2007SC2163; (2007)210CTR(SC)30; [2007]291ITR500(SC); JT2007(8)SC494; 2007(8)SCALE396; 2007(2)LC0725(SC)

purport and object of statute. -- TRADE AND MERCHANDISE MARKS ACT, 1958[C.A. No. 43/1958]. Section 46; Register of Trade Marks Delay in making application for rectification Held, Court may refuse to rectify register. Doctrine of continuing wrong has … (as it stood before and after amendment with effect from June 1, 1999), 147 and 148. The provisions read as follows:After amendment:143. Assessment- (1) Where … year 2001-02 on 30th October, 2001 declaring total loss of Rs. 2,70,85,105/-. The said return was processed under Section 143(1) of the Income Tax Act, 1961 (in short the 'Act') accepting the loss returned by the respondent. Notice

Sheraton International Inc. Vs. Deputy Director of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Service Tax

Reported in : (2007)293ITR68(Delhi)

the assessee from the Indian hotels and clients were indirectly for the use of the Sheraton trade name, trade marks and in particular the name 'Sheraton' and its stylized 'S' and any other identifying characteristics that may be … be treated as the bank's permission to M/s. Sheraton International Inc. USA under Section 28(1)(b) Foreign Exchange Regulation Act, 1973 for rendering technical, etc. services to the company under the collaboration agreement. From the above it is … four appeals by the Revenue are cross-appeals for asst. yrs. 1995-96, 1996-97, 1999-2000 and 2000-01 whereas the remaining two appeals of the assessee are for … so completed by the AO for the asst. yr. 1998-99 under Section 143(3) vide his order dt. 23rd March, 2001 was challenged by the assessee

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 … the Committee was published, the Health Ministry had issued a notification on 143 28.09.2015, thereby bringing the 2014 Amendment Rules into effect from 01.04.2016. This

Piaggio Vehicles Pvt. Ltd. Vs. Deputy Commissioner of Income Tax and t ...

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 32(1), 143(3) and 148

Reported in : 2007(2)BomCR574; (2007)208CTR(Bom)257; [2007]290ITR377(Bom)

an allowable Deduction under Section 32(1)(ii) of I.T. Act. As per Section 32(1)(ii) 'Know How, Patents, Copy Rights, Trade Marks, Licenses, Franchises or any other Business or commercial Rights of similar nature, being intangible Assets acquired on or … by the Assessing Officer rejecting the objections raised by the petitioner for reopening of the assessment for AY 1999-2000.3. The petitioner is engaged in the business of manufacture and sale of three wheelers and components thereof. On … Accordingly, in the assessment order passed on 18th March, 2002 under Section 143(3) of the Act depreciation on goodwill @25% was allowed. 7. Thereafter, by