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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

Kabushiki Kaisha Toshiba Trading as Toshiba Corp. Vs. Mr. S.K.Sil and ...

Court : Delhi

Subject : Trade Marks

Acts : Trade Marks Act, 1999 - Section 29(4)

quality. 10. Well known marks and trans-border reputation of brands was recognized by Courts in India, even before Trade Marks Act, 1999 came into force. In Daimler Benz. Akietgesellschaft v. Hybo Hindustan, AIR 1994 Del 239, the manufacturers of Mercedes … statutory protection in the Trademarks Act, 1999, irrespective of whether it is an Indian mark or foreign mark. Section 29(4) of Trade Marks Act, 1999, which is relevant in this regard, reads as under:- 29(4) A registered

Balkrishna Hatcheries Vs. Nandos International Ltd. and anr.

Court : Mumbai

Subject : Intellectual Property Rights

Acts : Trade Mark Act, 1999 - Sections 29(1), 29(2)(b) and 29(4); Trade Marks Act 1958 - Sections 2, 2(1), 2(2), 2(3), 16 and 28(1); Trade Marks Act, 1994 - Sections 9(1); Trade Mark Act, 1938; Trade Marks Rules 2002 - Schedule IV; Trade Marks Rules, 1959; Trade Marks Rules 2002 - Rule 22(1)

Reported in : 2007(4)BomCR48; (2007)109BOMLR911; LC2007(2)201; 2007(35)PTC295(Bom)

no case of infringement under Section 29(1) has been made out by the Plaintiff.10. Section 29(2) of the Trade Marks Act, 1999 reads as follows:(2) A registered trade mark is infringed by a person who, not being a registered proprietor

Paras Pharmaceuticals Ltd. Vs. Ranbaxy Laboratories Ltd. and 2 ors.

Court : Gujarat

Subject : Intellectual Property Rights

Acts : Companies Act, 1956; Trade Marks Act, 1999 - Sections 29, 29(4), 29(6), 29(7) and 29(8); Copyright Act; Trade Marks Act, 1994 - Sections 10(6) and 11(2); Consumer Credit Act, 1974; Consumer Credit Regulation, 1974; Code of Civil Procedure (CPC) - Order 43, Rule 1; Ahmedabad City Civil Court Rules, 1961

Reported in : AIR2008Guj94; (2008)3GLR1963; LC2008(2)395; 2008(38)PTC658(Guj)

manner, which amounts to an infringement of copyright, especially when the appellant is the registered proprietor under the Trade Marks Act, 1999. He has further submitted that the respondents have used the mark without any license or permission from the … have used the mark without any license or permission from the appellant, therefore, as per the provisions of Section 29 of the Act, the respondents are liable for infringement. In view of the provisions contained in Section 29(4),

Sony Kabushiki Kaisha Vs. Mahaluxmi Textile Mills

Court : Kolkata

Subject : Intellectual Property Rights

Acts : Trade and Merchandise Marks Act, 1958; ;Trade Marks Act, 1940 - Section 10(2); ;Trade and Merchandise Marks Act, 1958 - Section 27; ;Trade Marks Act 1999 - Section 29(4); ;Indian Penal Code (IPC), 1860 - Sections 482 and 486

Reported in : LC2009(2)125,2009(41)PTC184(Cal)

in the present Indian context.8. Appearing for the appellants, Ms. Salhotra, learned Counsel also submitted that under the Trade Marks Act 1999, an infringement action can be maintained even in respect of a class of goods for which the trade … a class of goods for which the trade mark is not registered by its proprietor. On this issue, Section 29(4) of the Trade Marks Act 1999 has been referred to by her. The said provision stipulates:29. Infringement

Hindustan Petroleum Corpn. Ltd. Vs. H.P. Oil Corporation Ltd.

Court : Mumbai

Subject : Intellectual Property RightsCivil

Acts : Trade Marks Act, 1999 - Sections 29; Code of Civil Procedure (CPC) , 1908 - Sections 9A and 9A(2) - Order 39, Rules 1 and 2;

Reported in : 2004(3)ALLMR52; 2004(3)MhLj187; 2004(28)PTC362(Bom)

use of that word by the Defendants results in infringement of the trade mark. Section 29(2) of the Trade Marks Act, 1999, reads thus:-'(2) A registered trade mark is infringed by a person who, not being a registered proprietor or

Bonny Products Pvt. Ltd. Vs. Bonne Care Pvt. Ltd.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Trade Mark Act, 1999 - Sections 29(4) and 31

Reported in : 166(2010)DLT509; 2009(41)PTC127(Del)

drawn up. Intellectual Property Rights - Trade mark - Infringement of - Sections 29(4) and 31 of the Trade Marks Act, 1999 - Suit filed for the relief of permanent injunction restraining the infringement of the registered trade mark TENDER … The senior counsel for the plaintiff has also urged that the said goods are marketed to all cross sections of the society not necessarily educated and who will definitely not be able to distinguish between the two

Kores (India) Limited Vs. Whale Stationery Products Ltd.

Court : Mumbai

Subject : Intellectual Property Rights

Acts : Trade Marks Act, 1999 - Sections 1(2), 2, 28, 28(1), 29 and 34; Indian Trade and Merchandise Marks Act, 1958 - Sections 33 and 46

Reported in : (2008)110BOMLR276; 2008(3)MhLj523; LC2008(1)155; 2008(36)PTC463(Bom)

the Court on the application for interim relief, it is necessary to advert to the provisions of the Trade Marks Act, 1999. Under Section 28(1) of the Act, the registration of a mark entitles the registered proprietor to the exclusive … to obtain relief in respect of infringement of the mark in the manner provided by the Act. Under Section 29 a registered trade mark is infringed by a person who, not being a registered proprietor or permitted user,

Tata Sons Ltd. Vs. Tata Industrial Recruitment

Court : Delhi

Subject : Intellectual Property Rights

Acts : Trade Marks Act, 1999 - Sections 2, 9 and 29(4); Trade Marks Rules, 2002

Reported in : 164(2009)DLT95; 2009(41)PTC753(Del)

several TATA formative trademarks in relation to various goods across various classes of the Fourth Schedule of the Trade Marks Rules, 2002. A tabulated list of the plaintiff's trademark registrations is filed alongwith representative copies of a few … adopted and used by the infringing parties. Hence, this trade mark is protected under Section 29(4) of the Act, 1999. In view of the facts and circumstances mentioned above, since 'TATA' is a well known trade mark within

Allied Blenders and Distillers Pvt. Ltd. Vs. Intellectual Property App ...

Court : Chennai

Subject : Intellectual Property Rights

Acts : Trade Marks Act, 1999 - Sections 2, 3, 18, 21, 21(1), 21(2), 21(4), 21(7), 25, 25(1), 57, 91 and 131; Bombay Tenancy and Agricultural Lands Act, 1948; Limitation Act - Sections 4 to 24 and 29(2); Kerala Rent Control Act - Sections 18; Arbitration and Conciliation Act, 1996 - Sections 34(3); Code of Civil Procedure (CPC) - Order 47, Rule 1; Trade and Merchandise Marks Rules, 1959 - Rule 53 and 53(2); Trade Marks Rules, 2002 - Rule 53

Reported in : AIR2009Mad196

the registration of a trade mark to be given beyond the period prescribed under Section 21 of the Trade Marks Act, 1999. 2. In other words, this writ petition raises the question as to whether the Registrar of Trade Marks … on 11th July, 2008, and the appeal therefrom was rejected by a Division Bench of that Court on 29th September, 2008, and the Special Leave Petitions being Special Leave to Appeal (Civil) Nos. 4601-4602/2009 were also dismissed