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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 … of his business or any bona fide description of character or quality of his goods or services. Similarly, Section 36 provides for saving of words for use of name, address or description of goods or services. 13. Chapter

Anwar Mohammad Khan Son of Sri Niyamatullah Khan Vs. Sri Taj Mohammad ...

Court : Allahabad

Subject : Intellectual Property Rights

Acts : Trade and Merchandise Marks Act, 1958 - Sections 9, 11, 12, 19, 27, 28, 29, 31, 71, 78, 79, 105, 106 and 159; Copyright Act, 1957 - Sections 63; Indian Penal Code (IPC) - Sections 420, 485, 486 and 487; Trade Marks Act, 1999 - Sections 18, 19, 21, 22, 23, 27, 27(1), 27(2), 124, 124(5), 134, 134(1), 135 and 135(2); Specific Relief Act, 1963 - Sections 36 to 42; Code of Civil Procedure (CPC) - Sections 151 - Order 39, Rules 1 and 2 - Order 41, Rule 22(1)

Reported in : 2006(3)AWC2166

Chhap Asali Nawab Dulha Khan Khaini Tambakoo Choona Sahit' and that in view of Section 124 of the Trade Marks Act, 1999 the proceedings of suit itself had to be stayed and ad interim injunction could not be granted. Thus, … High Courts, In the case of Dhariwal Industries Ltd. and Anr. v. M.S.S. Food Products 2005 (1) CRC 361 in relation with Section 27 of the Act, 1999, the apex Court has held that if neither of

Crompton Greaves Limited Vs. Salzer Electronics Limited

Court : Chennai

Subject : Criminal

Acts : Indian Penal Code (IPC) - Section 479; rade Marks Act, 1999; U.K. Trade Marks Act, 1994 - Section 11(1)

and exported the goods using the plaintiff's trademarks without due authorisation, both of which are offences under the Trade Marks Act, 1999; the latter amounting to infringement of trademark under Section 29. The defendants are making a gross misrepresentation to … by the plaintiff on the defendants and the delivery challans cum invoices, are filed as document Nos.29 to 36 series. The specimen of the defendant's MCG Switch Gear (Surface Mounted Isolator) is filed as document No.38.15. The

intas Pharmaceuticals Limited Vs. Allergan Inc.

Court : Delhi

Subject : Civil

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

Reported in : AIR2007Delhi108; 132(2006)DLT641; 2006(32)PTC272(Del)

5. Mr. Bishwajit Bhattacharya, learned Counsel appearing for the appellant vehemently submitted before us that while enacting the Trade Marks Act, 1999, a specific Section, namely, Section 134 has been enacted, which provides that a suit for infringement of a … to the fact that as of date the trademark of the respondent is registered in India. In paragraph 36 of the plaint, it was stated by the respondent as plaintiff that this Court will have the territorial

Everstone Capital Advisors Pvt. Ltd. Vs.everstone Ventures Llp

Court : Delhi

Subject : Land Acquisition

Raymond Pharmaceuticals Pvt. Ltd. (2010) 7 Mah.L.J.646, inter alia laying down the interpretation of Section 29 of the Trade Marks Act, 1999; (vi) has drawn attention to Mankind Pharma Ltd. Vs. Chandra Mani Tiwari 2018 SCC OnLine Del 9678 where … printers‟ type; printing blocks)].; (b) in Class 35 [Advertising, Business Management, Business Administration, Office Functions].; and, (c) Class 36 [Insurance, Financial Affairs, Monetary Affairs, Real Estate Affairs]., all with effect from 19th November, 2009; (ix) the said

Commissioner of Income Tax 4 Vs. Techno Shares and Stocks Limited and ...

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(13), 2(36), 32, 32(1) and 47; Indian Easements Act, 1882 - Sections 52; Indian Contract Act, 1872; Industries (Development and Regulation) Act, 1951 - Sections 11; Central Excise Act, 1944 - Sections 6; Securities Contracts (Regulation) Act, 1956 - Sections 17; Banking Regulation Act, 1949 - Sections 22; Cantonments Act, 2006; Food Safety and Standards Act, 2006 - Sections 31; Insecticides Act, 1968 - Sections 13; Off-shore Areas Mineral (Development and Regulation) Act, 2002; Bombay Prohibition Act, 1949 - Sections 31; Patents Act, 1970; Copyrights Act, 1957; Trade Marks Act 1999; Bombay Shops and Establishments Act, 1948 - Sections 2(4); Societies Registration Act, 1860; Maharashtra Rent Control Act, 1999 - Sections 3(1)

Reported in : 2009(111)BomLR3801; (2009)225CTR(Bom)337; [2009]184TAXMAN103(Bom)

assignment and interest in a copyright can also be transferred by way of a licence. Similarly, under the Trade Marks Act 1999, the proprietary right of a trader to use a mark for his goods is protected by registration and … apply to licences relating to acquisition / user of intellectual property rights. 36. The argument advanced by the counsel for the assessees that since the … J.P. Devadhar, J.1. The only question raised in all these appeals is, whether depreciation under Section 32 of the Income Tax Act, 1961 is allowable on the stock exchange membership card acquired by an

Thukral Mechanical Works Vs. P.M. Diesels Pvt. Ltd. and anr.

Court : Supreme Court of India

Subject : Intellectual Property Rights

Acts : Trade and Merchandise Marks Act, 1958 - Sections 12(3), 36, 37, 46, 46(1), 46(3), 47, 47(1), 48, 48(1), 48(2), 48(3), 49, 56, 56(1), 56(2) and 107; Trade Marks Act, 1999 - Sections 47; Copyright Act; Trade and Merchandise Mark Rules; Code of Civil Procedure (CPC) - Order 39, Rule 4; Constitution of India - Article 366; Trade marks and Geographical Indications Law

Reported in : AIR2009SC1443; JT2009(2)SC59; LC2009(1)14; 2009(39)PTC193(SC); 2009(1)SCALE497; (2009)2SCC768; 2008(1)LC105(SC)

notice that in Law of Trade Marks by Mr. K.C. Kailasam, while commenting on Section 47 of the Trade Marks Act, 1999 to which our attention has been drawn by Mr. Sudhir Chandra, it is stated:Notes on clauses.--This clause corresponds … the goods in which the trade mark is registered. The same is an assignable right in terms of Section 36 of the Act, whereas an unregistered trade mark is not.20. Non-user of the said mark, therefore, entails the

Mankind Pharma Limited, New Delhi Vs. Sun Pharma Laboratories Limited

Court : Chennai

Subject : Intellectual Property

the original side on the basis of the plaintiff being located at Chennai. 8. Section 134 of the Trade Marks Act, 1999 in a sense is an exception to the provisions of Section 20 of the Civil Procedure Code, 1908 … (Prayer: Appeals filed under Order 36 Rule 9 of Original Side Rules read with Clause 15 of the Letters Patent Act, against the fair

H&m Hennes & Mauritz Ab & Anr vs.hm Megabrands Pvt. Ltd. & ...

Court : Delhi

Subject : MRTP

proceedings in the suit, after disposal of the application for interim relief, are liable to be stayed under Section 124 of the Trade Marks Act, 1999. IA No.7259/2016 in CS(COMM) No.707/2016 Page 10 of 36 6. Though … and trade mark; xi) that the mark „H&M‟ being a two letter mark is not registrable under the Trade Marks Act, 1999 and is inherently not distinctive or capable of distinguishing the goods / services of the plaintiffs from those

M/S. United Spirits Limited Vs. Henkel India Limited and Others

Court : Chennai

Subject : Land Acquisition

trademark and as such, no injunction could be granted in view of Sections 29 and 31 of the Trade Marks Act, 1999. We are not inclined to consider the said issue in the present appeals for the simple reason that … prima facie satisfy the ingredients of the equitable doctrine of part performance. 36. The amount is in Escrow Account even now. In fact, the learned … fresh conditions and deliberately delayed the process. (ii) There is nothing like part performance akin to that of Section 53-A of the Transfer of Property Act in the sphere of trademarks. (iii) There is nothing on record