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Kailash Chand Gupta Vs. State of Rajasthan and anr.

Court : Rajasthan

Subject : Intellectual Property RightsCriminal

Acts : Indian Penal Code (IPC) - Sections 420; Trade and Merchandise Marks Act, 1958 - Sections 78 and 79; Trade Marks Act, 1999 - Sections 159; Prevention of Food Adulteration Act, 1954 - Sections 20

Reported in : 2002CriLJ2439; 2002(2)WLC740; 2002(5)WLN153

IPC as well as Sees. 78 & 79 of the Act of 1958 has been repeated by the Trade Marks Act, 1999 for short 'the Act of 1999.'5. In order to appreciate the contention of the petitioner, I would like … registered a case against the petitioner and two others vide FIR No. 133/2001 (Ann. I) for offence under Section 420 IPC and Sections 78 & 79 of the Trade and Merchandise Marks Act, 1958 for short 'the

Sri Pattatharasiamman Textiles, Registered Firm Rep. by Its Partner, P ...

Court : Chennai

Subject : Sales Tax/VAT

Acts : Indian Partnership Act - Sections 69(2); Tamil Nadu General Sales Tax Act, 1959; Central Sales Tax Act, 1956; Trade and Merchandise Mark Act, 1958 - Sections 78 and 79; Trade Marks Act, 1999 - Sections 2; Indian Penal Code (IPC) - Sections 420

Reported in : (2009)6MLJ470; 2009(41)PTC427(Mad)

that other mark as to be likely to deceive or cause confusion. As per Section 2(1)(h) of the Trade Marks Act, 1999. After all, the function of a trade mark is to give an indication to the purchaser of the … the police complaint dated 15.12.1997 at the Erode Police Station, an FIR No. 2286/97 has been registered under Section 78 and 79 of the Trade and Merchandise Mark Act under Section 420 I.P.C. Some incriminating properties were seized

Mrs. Gurdeep Kaur Vs. Shri Navrattan Singh and Others

Court : Intellectual Property Appellate Board IPAB

Subject : Intellectual Property

Delhi at New Delhi and subsequently transferred to this Appellate Board by virtue of Section 100 of the Trade Marks Act, 1999 and numbered as TRA/147/2004/TM/DEL. 2. The claim of the petitioner is that in 1971, four brothers, namely, S/Shri … is that the petitioner appeared before the Criminal Court pursuant to the complaint given by the respondents under Section 78 and 79 of the said Act. The third petitioner had given a statement which is as under: “I

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 … 28, Section 51, Section 54, Section 57, Section 60, Section 61, Section 63, Sub-section (3) of Section 69, Section 78, Section 84, Section 86, Section 88(3), Section 89, Section 93, Section 96 and Section 97.(3) Every appeal under

Premwati Bansal Vs. M/S. Shri Ganpati International

Court : Delhi

Subject : Intellectual Property Rights

Acts : Trade and Merchandise Marks Act, 1958 - Sections 78, 79, 105 and 106; Indian Copyright Act, 1957 - Sections 45(1), 57, 63 and 64

Reported in : 1999VIAD(Delhi)687; 82(1999)DLT398

Matched in: Citation 1999VIAD(Delhi)687; 82(1999)DLT398

Pankaj Jaiswal and anr. Vs. Virendra Prasad Jaiswal and ors.

Court : Kolkata

Subject : Intellectual Property Rights

Acts : Trade Marks Act, 1999 - Sections 3 and 21; ;Copyright Act, 1957 - Section 63; ;Trade and Merchandise Marks Act, 1958 - Sections 78 and 79; ;Indian Penal Code (IPC) - Section 420

Reported in : 2007(1)CHN143,2007(35)PTC761(Cal)

No.683188 in respect of the said trade mark 'SEC and device' which is registered under the provisions of Trade Marks Act, 1999 (hereinafter referred to as the said Act) in Class 11. The plaintiff also having a registration No. 754247 … to him, a competing mark though having prior registration will not have exclusive right under the provision of Section 3 of the Trade Marks Act, 1999. It is further submitted that the defendant No. 2 who is … against Vijay Jaiswal under Section 63 of the Copyright Act, 1957, Sections 78 and 79 of the Trade and Merchandise Marks Act, 1958 and under

J. Mitra and Co. Pvt. Ltd. Vs. Asst. Controller of Patents and Desig. ...

Court : Supreme Court of India

Subject : Intellectual Property Rights

Acts : Indian Patents Act, 1970 - Sections 8, 15, 16, 17, 18, 19, 20, 25, 25(1), 25(2), 25(4), 27, 28, 29(2), 29(3), 51, 54, 57, 60, 61, 63, 64, 66, 69(3), 78, 84, 84(1) to 84(5), 88, 89, 91, 92, 93, 94, 96, 97, 116, 116(1), 116(2), 117A, 117A(2), 117G and 158; Patents (Amendment) Act, 1999 - Sections 116; Patents (Amendment) Act, 2002 - Sections 47; Trade Marks Act, 1999 - Sections 83; Patents (Amendment) Act, 2005 - Sections 23, 25 and 61

Reported in : 2009(1)AWC366(SC); LC2008(3)31; 2008(38)PTC6(SC); 2008(11)SCALE524; (2008)10SCC368

under:Section 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 … 28, Section 51, Section 54, Section 57, Section 60, Section 61, Section 63, Sub-section (3) of Section 69, Section 78, Section 84, Section 86, Section 88(3), Section 89, Section 93, Section 96 and Section 97.(3) Every appeal under

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, … the artistic work, lettering and colouring etc in the registered trade mark and has committed offences punishable under Section 78 and 79 of the Trade And Merchandise Marks Act, 1958 (hereinafter referred to as 'the Act No. 43

Hemantkumar Ptilokani and Others Vs. The State rep. by its the Deputy ...

Court : Chennai Madurai

Subject : Education

2015 to quash the charge sheet, filed by the 1st respondent under Section 103 (a)(c)(e) and 104 of Trade Marks Act, 1999 and under Sections 420, 482, 485, 486, 109 IPC in C.C.No.242 of 215 before the learned Judicial Magistrate … of a valid trade mark. Section 29 of the Act defines what is the infringement of Trade Mark. Section 78 is the Penal provision for applying false trade mark and Section 79 is the Penal provision for selling

Asian Paints Ltd. Vs. Chandra Paints and Brush Industry and anr.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Trade Marks Act, 1999 - Sections 2(1), 28, 28(3) and 29; Trade and Merchandise Marks Act, 1958 - Sections 28 and 30

Reported in : LC2010(1)71

with Section 30 of the Trade and Merchandise Marks Act, 1958 which was repealed and replaced by the Trade Marks Act, 1999. Section 28 of the earlier Act corresponds with the Section 28 of the 1999 Act.14. The court has considered