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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, … plaintiff was a registered user being by way of permitted use. Reference is made to the provisions of Section 71 under which the applications for registration of certification trade marks shall be moved before the Registrar in the

K. Ramapandi Trading as Vasanthi and Co. and Tamil Nadu Oil Industries ...

Court : Chennai

Subject : Intellectual Property

1 of Original Side Rules r/w. Order VII Rule 1 C.P.C. and Sections 134 and 135 of the Trade Marks Act, 1999 praying of a judgment and decree: (a) granting a permanent injunction, restraining the Defendant, by itself, its servants, … Suit filed under Order IV Rule 1 of Original Side Rules r/w. Order VII Rule 1 C.P.C. and Sections 134 and 135 of the Trade Marks Act, 1999 praying of a judgment and decree: (a) granting a

Narendra Kumar Vs. State of Rajasthan and ors.

Court : Rajasthan

Subject : Motor VehiclesCivil

Acts : Motor Vehicles Act, 1988 - Sections 71(3) and 88; Constitution of India - Article 226

Reported in : AIR2004Raj224; RLW2005(1)Raj148; 2004(3)WLC458

point involved. Suffice it to refer the decision of the Apex Court in Whirpool Corporation v. Registrar of Trade Marks, reported in 1998 (7) JT (SC) 243 : (AIR 1999 SC 22) wherein the Court on review of … STAT') under Section 89 of the Act of 1988.3. Learned single Judge held that whether the provisions of Section 71 of the Act of 1988 are applicable for grant of stage carriage permits for city routes and not

A.Kamarunnisa Ghori. Vs. the Chairperson Prevention of Money Launderin ...

Court : Chennai

Subject : Criminal

Acts : Prevention of Money Laundering Act, 2002 - Section 5(1)(5), 8(3)(4), 8(6)(8), 71, 26(1), 42; Indian Penal Code(IPC) - Sections 420, 511, 420, 467, 468, 471, 406, 121, 121-A, 489-A, 489-B, 302, 304, 307, 308, 327, 329, 364A, 384 to 389, 392 to 402, 467, 489-A, 489-B, 412, 413, 414, 417, 418, 419, 420, 421, 422, 423, 424, 467, 471, 472, 473, 475, 476, 481, 482, 483, 484, 485, 486, 487, 488; Prize Chits and Money Circulation Scheme (Banning) Act, 1978 - Sections 4, 5; Code of Criminal Procedure(CrPC) - Section 173; Narcotic Drugs and Psychotropic Substances(NDPS) Act. - Sections 15 to 24, 25-A, 27-A, 29; Explosive Substances Act, 1908 - Sections 3 to 5; Arms Act, 1959. ; Wild Life (Protection) Act, 1972 ; Immoral Traffic (Prevention) Act, 1956 ; Prevention of Corruption Act, 1988 ; Explosives Act, 1884; Antiquities and Arts Treasures Act, 1972 ; Securities and Exchange Board of India Act, 1992 ; Customs Act, 1962 ; Bonded Labour System (Abolition) Act, 1976 ; Child Labour (Prohibition and Regulation) Act, 1986 ; Transplantation of Human Organs Act, 1994 ; Emigration Act, 1983 ; Passports Act, 1967 ; Foreigners Act, 1946 ; Copyright Act, 1957 ; Trade Marks Act, 1999 ; Information Technology Act, 2000 ; Biological Diversity Act, 2002 ; Protection of Plant Varieties and Farmers' Rights Act, 2001 ; Environment Protection Act, 1986 ; Water (Prevention and Control of Pollution) Act, 1974 ; Air (Prevention and Control of Pollution) Act, 1981 ; Constitution of India - Articles 226, 300-A

1983Paragraph-15Offences under the Passports Act, 1967Paragraph-16Offences under the Foreigners Act, 1946Paragraph-17Offences under the Copyright Act, 1957Paragraph-18Offences under the Trade Marks Act, 1999Paragraph-19Offences under the Information Technology Act, 2000Paragraph-20Offences under the Biological Diversity Act, 2002Paragraph-21Offences under the Protection of Plant … Act, 1946Paragraph-17Offences under the Copyright Act, 1957Paragraph-18Offences under the Trade Marks Act, 1999Paragraph-19Offences under the Information Technology Act, 2000Paragraph-20Offences under the Biological Diversity Act, 2002Paragraph-21Offences … protection in terms of other enactments.33. While the 2002 Act may have an overriding effect by virtue of Section 71, upon other enactments in so far as the rights of persons charged under the Act are concerned, I

Eatman Foods India Private Limited Vs. Savorit Ltd.

Court : Chennai

Subject : Intellectual Property

the following judgments and also the judgment of this Court in O.S.A.No.71 of 2013, dated 12.04.2013. (i) The Trade Marks Act, 1999, Form TM5 (ii) CADILA HEALTH CARE LTD., V. CADILA PHARMACEUTICALS LTD.,(2001) 5 Supreme Court Cases 73; (iii) GODFREY … name unsuccessfully by it. The similarities of the names would cause confusion in the mind of the public. Section 29(2) of the Trade Marks Act will have to be pressed into service in favour of the appellants.

Kapil Wadhwa and Others Vs. Samsung Electronics Co. Ltd. and Another

Court : Delhi

Subject : Land Acquisition

the defendants being the appellants before us in an intra-Court appeal. The port of destination: 5. Whether the Trade Marks Act 1999 embodies the International Exhaustion Principle or the National Exhaustion Principle when the registered proprietor of a Trade Mark … embodies the National Exhaustion Principle. The lighthouses seen by the learned Single Judge while chartering the voyage: 7. Section 29 and Section 30 of the Trade Marks Act 1999 fell for consideration and interpretation. They read as … and ‘put on the market anywhere in the world’. 47. From paragraph 71 onwards till paragraph 85, the learned Single Judge has referred to the

M/S. Shreedhar Milk Foods Pvt. Ltd. Vs. Vikas Tyagi and Another

Court : Intellectual Property Appellate Board IPAB

Subject : Education

in that particular case. But, whatever we decide, it would apply, not only to the proceedings under the Trade Marks Act, 1999 but also to proceedings under the Patent Act, 1970 and under Geographical Indications Act, or under any other … power to grant interim orders is inherent. 13. Similar power of stay is granted to the Board under Section 71 (2) of the Patents Act, 1970. MSM DISCOVERY PVT. LTD. Vs. VIACOM 18 MEDIA PVT. LTD. andOTHERS (2011

Andrews Ponnuraj Vairamani Vs. the Controller of Patents, Chennai

Court : Intellectual Property Appellate Board IPAB

Subject : Education

116 of the Patents Act, 1970, provides for powers to do certain acts under the provisions of the Trade Marks Act, 1999. Section 117B deals with the procedure and powers of the Appellate Board as per certain provisions of the Trade … 9422Application for revocation of Patents by any interested personSection 64(1)23Application for Rectification of Register by any aggrieved personSection 715. Shri S.P. Chokalingam referred to the judgement reported in MANU/IC/013/2010 and submitted that the appeal has been decided

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

Kale Khan Mohd. Hanif and ors. Vs. Mohd. Iqbal

Court : Madhya Pradesh

Subject : Intellectual Property Rights

Reported in : AIR2009MP84; 2009(40)PTC210(MP)

the goodwill and trade mark are not one as is evincible from Sections 38 and 39 of the Trade Marks Act, 1999; that the Commissioner, R.K. Mangal, in his evidence has clearly stated that the valuation of goodwill in his … decree and came to hold that the goodwill and trade mark are not one as is evincible from Sections 38 and 39 of the Trade Marks Act, 1999; that the Commissioner, R.K. Mangal, in his evidence has … V. Patel v. Chetanbhai Shah : AIR2002SC275 it was stated SCC pp. 71-72 para 10:10. A person may sell his goods or deliver his services