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Jan 28 2008

Nareshchandra Ramprasad Raja President of Samagra Gujarat Vs. Gajendra ...

Court : Gujarat

Decided on : Jan-28-2008

Subject : Trusts and Societies

Acts : Bombay Public Trust Act - Sections 2(4), 5, 6, 7, 11 and 72; Bombay Civil Court Act - Sections 12, 12A and 13; Gujarat Civil Court Act, 2005 - Sections 4, 4(1), 4(2) and 4(3); Trade Marks Act, 1999

Reported in : 2008GLH(1)305

the said Judgement, the Fast Track Courts are held as having power to try the Suit under the Trade Marks Act, 1999, at par with the District Judge of the district.18. It is true that the ultimate view taken in … can be extracted as stated hereinafter. 5. It is an admitted position that the application was made under Section 72 of the Bombay Public Trust Act (hereinafter 'the BPT Act') to the Court. Section 72 of the Act

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Jul 08 2019

Amway India Enterprises Pvt. Ltd. Vs.1mg Technologies Pvt. Ltd. & ...

Court : Delhi

Decided on : Jul-08-2019

Subject : Right to Information

the products were genuine, the Defendants do not qualify to claim the defence of Section 30 of the Trade Marks Act, 1999.18. It is, further, stated that the sale of Amway products on an e- commerce platform and the mobile … Ltd. in CS(OS) 64 - 66 531/2018 C4. By Jasper Infotech Pvt. Ltd. in CS(OS) 550/2018 67 - 72 C5. By other sellers 73 - 76 D. SUMMARY OF LOCAL COMMISSIONERS‟ 77 REPORTS E. SUBMISSIONS BY COUNSELS

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Dec 24 2016

M/S Az Tech (India) & Anr. Vs.m/s Intex Technologies (India) Ltd. ...

Court : Delhi

Decided on : Dec-24-2016

Subject : MRTP

has represented before the Trade Marks Registry in India. This is in violation of Section 24 of the Trade Marks Act, 1999 and suppression of the Agreement dated 22.03.2009 from the Registry. b. Similar deception has been played upon the … Division Bench of this Court in Century Traders v. Roshan Lal Duggar & Co., 1977 PTC (Suppl.) (1) 720 (Del) (DB) (paragraph 12 and14) to submit that it is not necessary for the mark to be used

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Sep 06 2016

M/s. Johnson Appliances (P) Ltd. Vs. H.E. Industries and Others

Court : Delhi

Decided on : Sep-06-2016

Subject : MRTP

Trade Mark Registration No. 319955, the said trademark was associated with trademark 197998. Further, Section 44 of the Trade Marks Act, 1999 mandates that the associated trademarks have to be assigned as a whole and not separately. Thus, in the … this Act, they shall, for all other purposes, be deemed to have been registered as separate trade marks. 72. Thus, it is clear that in relation to the Trade Mark Registration No. 319955, the said trademark was

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May 25 2007

Cadbury India Limited and ors. Vs. Neeraj Food Products

Court : Delhi

Decided on : May-25-2007

Subject : Intellectual Property Rights

Acts : Trademarks Act, 1999 - Sections 17, 18, 18(1), 18(4), 31, 27, 27(2), 28, 29 and 29(5); Trade and Merchandise Marks Act, 1958 - Sections 17; Copyright Act, 1957; Trademarks Act, 1940 - Sections 10; Civil Procedure Coce - Order 39, Rules 1 and 2; Indian Penal Code

Reported in : 142(2007)DLT724; LC2007(2)269; 2007(35)PTC95(Del)

Penal Code Disclaimer does not affect those rights in any way.73. By virtue of Section 27 of the Trade Marks Act, 1999, a person has been conferred a statutory right of protection of its registered trademark. At the same time

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Dec 10 2012

M/S Bhagwan Dass Khanna Jewellers Vs. Bhagwan Das Khanna Jewellers Pvt ...

Court : Delhi

Decided on : Dec-10-2012

Subject : Intellectual Property

Dass Khanna. The defendants use of the mark is subsequent to that of the plaintiff.58. Section 29 of Trade Marks Act 1999 provides for an infringement of the trade mark. In the said Section, sub section 29(5) provides for the

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Mar 23 2005

P.M. Diesels Ltd. Vs. Daimler Chrysler Ag

Court : Trademark

Decided on : Mar-23-2005

Subject : Intellectual Property

Reported in : (2005)(31)PTC275Reg

the notice of opposition come within the ambit of Sections 9(1)(a), 9(2)(a), 11(1), 11(3) and 18(1) of the Trade Marks Act, 1999 (hereinafter referred to as Act). I shall examine all the objections one by one, but for the sake … as opposed to the written one. The Comptroller, having exercised his discretion, the case now turns only on Section 72. The Registrar having passed the mark in his discretion, the Court does not generally go behind the exercise

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Apr 04 2012

M/S. Times Publishing House Ltd and Another Vs. M/S. the Financial Tim ...

Court : Intellectual Property Appellate Board IPAB

Decided on : Apr-04-2012

Subject : Intellectual Property

is that, in view of the said judgment, TPHL cannot rely upon Ss 9 and 11 of the Trade Marks Act,1999 to seek cancellation and that would leave only the grounds of bona fide intention to use and/or non-use … seek cancellation and that would leave only the grounds of bona fide intention to use and/or non-use under section 46 of the Trade Marks Act. Since the written submissions were exchanged after the orders were reserved, the … In IMPERIAL GROUP LTD. v. PHILIP MORRIS and CO. LTD [(1982) FSR 72], the Court of Appeal has dealt with what could be the bona

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Nov 28 2008

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

Court : Madhya Pradesh

Decided on : Nov-28-2008

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

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Mar 21 2024

K.Raveendran vs the National Highway Authority of India (Nhai)

Court : Kerala

Decided on : Mar-21-2024

Jilubhai Nanbhai Khachar and Ors vs State of Gujarth [1995 Supp(1) SCC 596]10. Whirlpool Corp. V. Registrar of Trade Marks [AIR 1999 SC 22]11. UOI V. Naveen Jindal &Ors [AIR 2004 SC 1559]12. State of Haryana Vs. Ranbir … 2018)22. Saramma Itticheriya v. State of Kerala & Ors. [AIR 2008 Kerala 72 (FB)]23. State of Maharashtra & Ors. v. Reliance Industries Ltd. & Ors. … had been acquired for the purpose of widening the National Highway under the provisions of the National Highways Act. They are aggrieved since part of their properties and buildings are acquired, leaving out small strips of land … question that arises for consideration in all these writ petitions is whether Section 94 of the Right to Fair Compensation and Transparency in Land Acquisition,

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