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infosys Technologies Limited Vs. Marwadi Inforys Pvt. Ltd. and ors.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Trade Marks Act, 1999 - Sections 2(1)

Reported in : 2009(41)PTC622(Del)

plaintiff. It claims that its mark is a well-known trade mark as defined in Section 2(1)(zg) of the Trade Marks Act, 1999 (hereafter 'the Act').3. The plaintiff contends that the first defendant, Marwadi Infosys Pvt. Ltd., is engaged in the

S.M.K.A. Enterprises Vs. Suchita Industries

Court : Karnataka

Subject : Intellectual Property Rights

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 151 - Order 39, Rules 1 and 2; Trade and Merchandise Marks Act, 1958 - Sections 115 and 115(4); Trade Marks Act, 1999 - Sections 2; Trade Marks Rules, 1999

Reported in : 2008(2)KarLJ285; 2007(6)AIRKarR433; 2008AIHC521(Kar)

'Tiny care' registered under the provisions of the Trade and Merchandise Marks Act, 1958 and thereafter under the Trade Marks Act, 1999. The process for having the trade mark registered is a long drawn process and after undergoing the same … the suit filed an application in LA. No. I under Order 39, Rules 1 and 2 read with Section 151 of the Civil Procedure Code, 1908, seeking for temporary injunction in terms of the main prayer. The

Microsoft Corporation Vs. Ms. K. Mayuri and ors.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Copyright Act, 1959 - Sections 2, 7, 13(1), 14, 17, 40, 51 and 201; Copyright Act, 1957 - Sections 13(1), 14, 40, 55 and 116(4); Copyright, Designs and Patents Act, 1988 - Sections 96 and 97; Trade Marks Act, 1999 - Sections 135

Reported in : LC2007(3)27; 2007(35)PTC415(Del)

may require.20.The legislative provision for award of damages, insofar as India is concerned, is Section 135 of the Trade Marks Act, 1999, which inter alias stipulates that apart from injunction, at the option of the plaintiff, court may grant either … It is stated that software developed and marketed by the plaintiff is 'computer programme' within the meaning of Section 2 (ffc) of the Copyright Act, 1959 (hereinafter referred to as 'the Act') and included in the definition of

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 … this order, I propose to dispose of IA No.7774/2011 filed by plaintiff under Order XXXIX Rules 1 and 2 Code of Civil Procedure,1908 and IA No.10124/2011 filed under order XXXIX Rule 4 CPC seeking vacation of interim

Kishore Kumar Vs. L. Chuni Lal Kidarnath and anr.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Trade Marks Act, 1999 - Sections 2(1) and 29(3)

Reported in : LC2010(1)258

and acquired a secondary meaning; it is also a well-known trademark as defined by Section 2(1)(zg) of the Trade Marks Act, 1999 (hereafter 'the Act'). The said defendant says that it has a position of uninterrupted market leadership in India,

Satyam Infoway Ltd. Vs. Sifynet Solutions Pvt. Ltd.

Court : Supreme Court of India

Subject : Intellectual Property Rights

Acts : Trade Marks Act, 1999 - Sections 2; Trade and Merchandise Marks Act, 1958

Reported in : AIR2004SC3540; 2004(5)ALLMR(SC)817; 2004(3)AWC2366(SC); [2004]120CompCas729(SC); JT2004(5)SC541; 2004(6)KarLJ513; 2004(28)PTC566(SC); 2004(5)SCALE635; (2004)6SCC145; 2004AIRSCW3409

itself confers no intellectual property rights. 7. A 'trade mark' has been defined in section 2(zb) of the Trade Marks Act, 1999 (hereafter referred to as 'the Act') as meaning : 'trade mark' means a mark capable of being represented

Asian Paints Ltd. Vs. Chandra Paints and Brush Industry and anr.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Trade Marks Act, 1999 - Sections 2(1), 28, 28(3) and 29; Trade and Merchandise Marks Act, 1958 - Sections 28 and 30

Reported in : LC2010(1)71

with Section 30 of the Trade and Merchandise Marks Act, 1958 which was repealed and replaced by the Trade Marks Act, 1999. Section 28 of the earlier Act corresponds with the Section 28 of the 1999 Act.14. The court has considered … J.1. This order will dispose I.A. No. 8463/2008 (filed by the plaintiff under Order XXXIX Rules 1 and 2) and I.A. No. 11439/2008 (filed by the first defendant under Order XXXIX Rule 4) in CS (OS) No.

Pioneer Nuts and Bolts Pvt. Ltd. Vs. Goodwill Enterprises

Court : Delhi

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957; Trade Marks Act, 1999 - Sections 2(1), 2(2), 11, 26, 28, 34 and 41; Code of Civil Procedure (CPC) - Order 39, Rules 1, 2 and 4

Reported in : 169(2009)DLT209; 2009(41)PTC362(Del)

LABEL' have become distinctive and well known trademarks within the meaning of Sections 2(1)(zg) and 11 of the Trade Marks Act, 1999 ('TM Act') in relation to the said goods and business.5. The Defendant is stated to have adopted an … that the marks 'TUFF' and 'TUFF LABEL' have become distinctive and well known trademarks within the meaning of Sections 2(1)(zg) and 11 of the Trade Marks Act, 1999 ('TM Act') in relation to the said goods and

Mount Everest Mineral Water Ltd. Vs. Bisleri International Pvt. Ltd. a ...

Court : Delhi

Subject : Intellectual Property Rights

Acts : Trade Marks Act, 1999 - Sections 2(1), 3(2), 4, 5, 47, 57, 98, 98(2), 125 and 157; Trade and Merchandise Marks Act, 1958 - Sections 112; Right to Information Act (RTI) 2005; Trade Marks Rules, 2002 - Rules 4 and 8(2); Constitution of India - Article 226

Reported in : LC2010(1)205

S. Muralidhar, J.1. An interesting question involving the interpretation of Section 98 of the Trade Marks Act, 1999 (TM Act, 1999), which is a provision similar to the repealed Section 112 of the Trade and Merchandise … registration Nos. 630661 ['Himalayan' (device of mountain)] dated 10th June 1994, 1078116 [word mark 'Himalayan'] dated 4th February 2002 and 1078117 ['Himalayan (label)] dated 4th February 2002 issued by the Trade Marks Registry, New Delhi, have been

Super Cassettes Industries Ltd. Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Trade and Merchandise Act, 1958 - Section 9; ;Trade Marks Act, 1999 - Sections 2(1), 11(1), 11(2) and 17

Reported in : LC2010(2)167

this Court filed by TELCO being CM(M) No. 344 of 1995 stood transferred after the enactment of the Trade Marks Act, 1999 (TM Act 1999) to the IPAB. By the impugned order dated 1st October 2004, the IPAB partly allowed … mark T-SERIES was phonetically, visually and conceptually different from the trademarks of TELCO and that as required under Section 9 of the Trade and Merchandise Act, 1958 (TM Act 1958), Super Cassettes' mark had acquired distinctiveness since … Cassettes Industries Limited (hereafter 'Super Cassettes') challenges the order dated 1st October 2004 passed by the Intellectual Property Appellate Board (IPAB), whereby Transferred Appeal No.