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Dhariwal Industries Ltd. and anr. Vs. M.S.S. Food Products

Court : Supreme Court of India

Subject : Intellectual Property RightsCivil

Acts : Code of Civil Procedure (CPC) - Order 39, Rules 1, 2 and 4 - Order 43, Rule 1 - Order 41, Rule 27; Prevention of Food Adulteration Act; Trade Marks Act, 1999 - Sections 27 and 39; Constitution of India - Article 136

Reported in : AIR2005SC1999; 2005(3)AWC2934(SC); 2005(2)BLJR929; JT2005(2)SC505; (2005)2MLJ139(SC); 2005(30)PTC233(SC); (2005)3SCC63; (2005)2UPLBEC1111; 2005AIRSCW1241

Civil Procedure Code (CPC) - Order 39, Rules 1, 2, 4 - Order 43, Rule 1 - Order 41, Rule 27 - Trade Marks Act, 1999 - Sections 27, 39 - Passing off action - Power of … lower appellate court with the permission of that court while considering this interlocutory appeal.6. Section 27 of The Trade Marks Act, 1999 provides that nothing in that Act shall be deemed to affect the right of action against any person

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)

Matched in: Citation 169(2009)DLT209; 2009(41)PTC362(Del)

The Coca-cola Company Vs. Bisleri International Pvt. Ltd. and ors.

Court : Delhi

Subject : CivilIntellectual Property Rights

Acts : Trade Marks Act, 1999 - Sections 2, 2(2), 29, 55, 134, 134(1) and 134(2); Indian Trade and Merchandise Marks Act, 1958 - Sections 55; Specific Relief Act, 1963 - Sections 41, 41(1) and 42; Code of Civil Procedure (CPC) , 1908 - Sections 16 to 20 - Order 1, Rule 10 - Order 6, Rule 17 - Order 7, Rules 10 and 11 - Order 39, Rules 1, 2 and 4

Reported in : 164(2009)DLT59; 2009(41)PTC460(Del)

Matched in: Citation 164(2009)DLT59; 2009(41)PTC460(Del)

l.t. Overseas, North America vs.sachdeva and Sons Industries Pvt. Ltd.

Court : Delhi

Subject : Service Tax

plaintiff is the proprietor of the Trade Mark “ROYAL LOGO & ROYAL WITH DEVICE OF QUEEN” under the Trade Marks Act, 1999 and artistic feature therein under the Copyright Act, 1957?. OPP2 Whether the defendant is passing off the plaintiff’s … of 41 CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW1 CS(COMM) No.264/2016 (originally CS(OS) No.342/2003) has been filed, under Sections 105 & 106 of the Trade & Merchandise Marks Act, 1958 and Section 51 of the Copyright Act,

Vinod Kumar Sachdeva & Ors vs.ashok Sachdeva & Ors

Court : Delhi

Subject : Service Tax

plaintiff is the proprietor of the Trade Mark “ROYAL LOGO & ROYAL WITH DEVICE OF QUEEN” under the Trade Marks Act, 1999 and artistic feature therein under the Copyright Act, 1957?. OPP2 Whether the defendant is passing off the plaintiff’s … of 41 CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW1 CS(COMM) No.264/2016 (originally CS(OS) No.342/2003) has been filed, under Sections 105 & 106 of the Trade & Merchandise Marks Act, 1958 and Section 51 of the Copyright Act,

Proprietor, Carmel Exports and Imports Cochi Vs. Commissioner of Custo ...

Court : Kerala

Subject : MRTP

be objectionable items. According to the said communication, import of the said items amounts to infringement of the Trade Marks Act, 1999. It appears from the said communication that the respondents received complaints from two companies, M/s.Johnson and Johnson Ltd. … registered trade marks “Johnson’s” they are the right holders. They have also submitted necessary registration certificates issued under Section (2), R.65(i) of the Trade and Merchandise Marks Act, 1958 and their notice / complaint has been registered

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, … Learned Counsel for the appellant-defendant has lastly argued that the plaintiff-respondents have not filed any cross-appeal under Order 41 Rule 22(1) of the Code of Civil Procedure against the finding of the trial court that the trademark

Ultra Home Construction Pvt. Ltd. Vs. Purushottam Kumar Chaubey and Ot ...

Court : Delhi

Subject : Intellectual Property

above said this Hon'ble Court has the territorial jurisdiction within the meaning of section 134 (2) of the Trade Marks Act, 1999 and also under section 62 (2) of the Copyright Act, 1957 and the Code of Civil Procedure, 1908. … action arose. Placing reliance on the Supreme Court decision in Dhoda House v. SK Maingi: (2006) 9 SCC 41 it was contended that merely owning a hotel at a place would not mean the carrying on of

Ultratech Cement Limited and Others Vs. Dalmia Cement Bharat Limited

Court : Mumbai

Subject : Intellectual Property

of the Act would have been worded accordingly whilst repealing the Trade and Merchandise Act, 1958 by the Trade Marks Act, 1999. It is submitted that therefore the decision of the Honble Supreme Court in Patel Roadways vs. Prasad Trading … sought to sustain jurisdiction, in so far as the plea of infringement is concerned, solely by relying upon Section 134 of the Trademarks Act, 1999 (“the Act”). If this requirement is not met, the action must forthwith … in the case of Dhodha House vs. S.K. Maingi (2006) 9 SCC 41)has no application to the facts of this case. It is further submitted

Span Diagnostic Vs. Assistant Controller of Patents and Design and anr ...

Court : Delhi

Subject : Intellectual Property Rights

Acts : Trade Marks Act, 1999 - Sections 83; Patents Act, 1970 - Sections 8, 15, 16, 17, 18, 19, 20, 25, 25(1), 25(2), 25(3), 25(4), 27, 28, 29(2), 29(3), 37, 41, 42, 47, 51, 54, 57, 59 to 63, 66, 69(3), 74, 78, 84(1) to 84(5), 85, 86, 88, 88(3), 89, 91, 92, 93, 94, 96, 97, 116, 116(1), 116(2), 117, 117A, 117A(2), 117G and 158; Patents Amendment Act, 2002 - Sections 1(2), 18 and 47; Patents Amendment Act, 2005 - Sections 1(1), 1(2), 23, 60 and 61; Patents Amendment Act, 1999

Reported in : LC2009(1)22; 2008(37)PTC56(Del)

116. (1) Subject to the provisions of this Act, the Appellate Board established under Section 83 of the Trade Marks Act, 1999 shall be the Appellate Board for the purposes of this Act and the said Appellate Board shall exercise … the Patents Amendment Act, 2005 reads as under:Section 1(1)...(2) (ii) (a), and clause (b), of Section 37, Sections 41, 42, 47, 59 to 63 (both inclusive and Section 74 shall come into force on such date as