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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 … territorial jurisdiction of a Civil Court under the Code of Civil Procedure is governed by the provisions of Section 16 to 20 of the said Code. Section 20 of the Code, which is relevant for the present purposes,

Parle Products Private Limited vs the Registrar of Trade Marks & A ...

Court : Delhi

Subject : Land Acquisition

MR. JUSTICE TUSHAR RAO GEDELAJUDGMENTTUSHAR RAO GEDELA, J.1. Present appeal has been filed under Section 91 of the Trade Marks Act,1999, challenging the impugned order dated 29.04.2025 passed by the respondent no.1/the Registrar of Trade Marks in opposition no.1075195 … appellant submits that the Trademark Registration Certificates were issued for the marks “20-20”, “TWENTY-20” and “T20” under nos.1608181, 1608182 and 1608183, respectively, in the name of the appellant on 01.11.2017.5. The appellant submits that respondent no.2’s application

Ford Motor Company and anr. Vs. Mrs. C.R. Borman and anr.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Trade Marks Act, 1999 - Sections 11, 29, 29(1), 29(4), 134 and 134(2); Copyright Act, 1957 - Sections 62(2); Trade and Merchandise Act, 1958; Code of Civil Procedure (CPC) , 1908 - Sections 20 - Order 2 - Order 7, Rules 10 and 11

Reported in : 156(2009)DLT1; LC2008(3)418

has arisen within its jurisdiction. It has also been submitted by the Defendants that Section 29 of the Trade Marks Act, 1999 (Act for short) will only apply in respect of registered trademarks; that no actionable claim has arisen since

Unichem Laboratories (P) Ltd., a Company Registered Under the Provisio ...

Court : Karnataka

Subject : Civil

Acts : Trade Marks Act, 1940; Trade Marks Act, 1999 - Sections 27 and 39; Code of Civil Procedure (CPC) - Sections 16 to 20 - Order 7, Rules 1, 10 and 11

the Apex Court, the Apex Court had this to say at paragraphs-7 and 10:7. Section 27 of the Trade Marks Act, 1999 provides that nothing in that Act shall be deemed to effect the right of action against any person … right to the judgment of the court.17. In A.B.C. Laminart Pvt. Ltd. v. A.P. Agencies : (1989)2 SCC 163, this Court said:A cause of action means every fact, which, if traversed, it would be necessary for the

Classic Legends Private Limited vs Tide Water Oil. Co. (India) Ltd.,

Court : Karnataka

O-3 notices to the Ideal Jawa represented by the OL under Section 25(3) of - 27 - the Trade Marks Act, 1999 read with Rule 64 of the Trade Marks Rules, 2002 for the trade mark 'YEZDI (DEVICE)' (TM No.283322).13. … READ WITH SECTION 4 OF THE KARNATAKA HIGH COURT ACT 1961, PRAYING TO SET ASIDE THE ORDER DATED 16.12.2022 IN C.A.NO.126 OF 2020 AND CONNECTED MATTERS (ANNEXURE-A) AND CONSEQUENTLY DISMISS C.A.NO.126 OF 2020 AND ETC. IN OSA

Rhizome Distilleries Pvt.Ltd Vs. Union of India

Court : Chennai

Subject : Intellectual Property Rights

Acts : Trade Marks Act, 1999 - Sections 9, 11(1), 11(3), 11(10), 17, 18, 29 and 57; Trade Marks (Applications and Appeals to the Intellectual Property Appellate Board) Rules, 2003. - Rule 2

the application filed by the 4th respondent herein under sections 11(1), 11(3), 11(10), 18 and 57 of the Trade Marks Act, 1999 and Rule 2 of the Trade Marks (Applications and Appeals to the Intellectual Property Appellate Board) Rules, 2003.2. … Class 33 from the Register of Trade Marks, in the application filed by the 4th respondent herein under sections 11(1), 11(3), 11(10), 18 and 57 of the Trade Marks Act, 1999 and Rule 2 of the Trade … GREEN' (No.1374618), all advertised together in Trade Marks Journal No.1372 (Regular) dated 16th July, 2007, which was made public by the 3rd respondent on 18.10.2007.

g.d Foods Mfg (India) Pvt Ltd. Vs.zihawa Foods Pvt Ltd.

Court : Delhi

Subject : Intellectual Property

plaintiff’s claim that it is an assignee is not maintainable, as in view of Section 45 of the Trade Marks Act, 1999, an assignee does not become the owner of a trademark unless it is registered in his name and … 24/10/2002 13 Regd. CS(OS) No.813/2013 Page 14 1145820 Tops 24/10/2002 14 1145821 Tops 24/10/2002 15 1145822 Tops 24/10/2002 16 1145823 Tops 24/10/2002 17 1145824 Tops 24/10/2002 18 1145825 Tops 24/10/2002 19 1145826 Tops 24/10/2002 20 1145827 Tops

Lupin Ltd. and Another Vs. Johnson and Johnson and Another

Court : Mumbai

Subject : Intellectual Property

and the Designs Act there is no provision similar to the provision contained in Section 31(1) of the Trade Marks Act, 1999. This is one more instance to show that the legislature did not intend that the question of validity … by the defendant at an interlocutory stage in a suit for infringement of registered trade mark (judgment dated 16 February 2005 in M/s. Maxheal Pharmaceuticles v/s. Shalina Laboratories Pvt. Ltd. - Appeal No.88 of 2005 in N.M.No.2663

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) … Mr. P.S. Raman, learned Additional Advocate General appearing for the Tindivanam party. 16. Before proceeding to decide the inter se dispute between the parties, a … 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

R.K. Saraf Vs. the Assistant Registrar of Trade Marks and anr.

Court : Delhi

Subject : Intellectual Property RightsCivil

Acts : Trade Marks Act, 1999 - Sections 57(4), 83 and 91; Trade and Merchandise Act, 1958 - Sections 25, 25(3), 25(4) and 26; Trade Marks Rules - Rule 69; ;Constitution of India - Article 226

Reported in : 2008(36)PTC520(Del)

i.e. the Assistant Registrar of Trade Marks issued a show cause notice under Section 57(4) was of the Trade Marks Act, 1999 asking the Petitioner to disclose why the entry with the Trade Mark should not be recalled/struck off of … This notice was resisted and the first Respondent heard arguments on 15.7.2005. During the pendency of proceedings, on 16/18-7-2005, an application was made by the Petitioner requesting the first Respondent to verify whether notice Form O-3 was