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Microsoft Corporation Vs. Ms. K. Mayuri and ors.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Copyright Act, 1959 - Sections 2, 7, 13(1), 14, 17, 40, 51 and 201; Copyright Act, 1957 - Sections 13(1), 14, 40, 55 and 116(4); Copyright, Designs and Patents Act, 1988 - Sections 96 and 97; Trade Marks Act, 1999 - Sections 135

Reported in : LC2007(3)27; 2007(35)PTC415(Del)

may require.20.The legislative provision for award of damages, insofar as India is concerned, is Section 135 of the Trade Marks Act, 1999, which inter alias stipulates that apart from injunction, at the option of the plaintiff, court may grant either … infringement of copyright is actionable by the copyright owner, which is the position in Indian law as well. Section 97 deals with damages and needs to be reproduced:97. - (1) Where in an action for infringement of copyright

Nasik Hing Supplying Company Vs. Annapurna Gruh Udyog Bhandar

Court : Gujarat

Subject : Intellectual Property RightsCivil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 4, 4(1), 96, 100, 100A, 104, 104(1), 104(2) and 105 - Order 43, Rule 1; Trade and Merchandise Marks Act, 1958 - Sections 97, 109(5) and 109(8); Code of Civil Procedure (CPC) (Amendment) Act, 1999 and 2002

Reported in : AIR2003Guj275; (2003)2GLR926; (2003)2PLR926; [2003]46SCL118(Guj)

provisions under which the present appeals have been filed, that is, Sub-section (5) of Section 109 of the Trade Marks Act, was placed on the statute book in 1958. Section 100A was inserted in the Code of Civil Procedure, … of the Code which is in force from 1-7-2002 onwards as per the Code of Civil Procedure (Amendment Act) 1999 as further amended by the Amended Act of 2002 reads as under :- '100A. No further appeal in … it absolutely or subject to such amendments, modifications, conditions or limitations, if any, as he may think fit. Section 97 provides that in all proceedings under the Act before the Registrar, the Registrar shall have all the powers

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 … Section 69, Section 78, Section 84, Section 86, Section 88(3), Section 89, Section 93, Section 96 and Section 97.(3) Every appeal under this section shall be in writing and shall be made within three months from the

Cfa Institute Vs. the Institute of Charted Financial Analysts of India ...

Court : Intellectual Property Appellate Board IPAB

Subject : Land Acquisition

Nos. MAS-51762, 52359 and 52360 against application Nos.523516,523515 and 523513 respectively in class 16 under the provisions of Trade Marks Act, 1999 (hereinafter referred to as the Act). The first respondent has filed M.P.Nos.87,88 and 89 of 2010 to take … use, promotion and registration of the CFA marks, the knowledge and recognition enjoyed by them in the relevant sections of the public throughout the world including India and the record of successful enforcement of their rights in … any interruption till the appellant obtained interim orders in suit No.2671 of 97 before the High Court of Delhi. The first respondent states that at

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 … submitted that Section 91 provides for appeals and Section 95 to grant interim orders in appeals. Logically, after Section 97 which deals with procedure for rectification an analogous section should have been introduced. The fact that it is

Paras Pharmaceuticals Ltd. Vs. Ranbaxy Laboratories Ltd. and 2 ors.

Court : Gujarat

Subject : Intellectual Property Rights

Acts : Companies Act, 1956; Trade Marks Act, 1999 - Sections 29, 29(4), 29(6), 29(7) and 29(8); Copyright Act; Trade Marks Act, 1994 - Sections 10(6) and 11(2); Consumer Credit Act, 1974; Consumer Credit Regulation, 1974; Code of Civil Procedure (CPC) - Order 43, Rule 1; Ahmedabad City Civil Court Rules, 1961

Reported in : AIR2008Guj94; (2008)3GLR1963; LC2008(2)395; 2008(38)PTC658(Guj)

manner, which amounts to an infringement of copyright, especially when the appellant is the registered proprietor under the Trade Marks Act, 1999. He has further submitted that the respondents have used the mark without any license or permission from the … have used the mark without any license or permission from the appellant, therefore, as per the provisions of Section 29 of the Act, the respondents are liable for infringement. In view of the provisions contained in Section

Aftab Tobacco Products Vs. Amanat Tobacco Gul Manufacture

Court : Trademark

Subject : MRTP

Reported in : (2006)(32)PTC713Reg

5th May, 2004 passed by Shri Ramji Lal, Assistant Registrar of Trade Marks (under the provisions of The Trade Marks Act, 1999) vide which the Opposition No. DEL-T-3769 was abandoned. The grounds of review are stated in the Review Petition … 1. The matter relates to the Review Petition dated 4th June, 2004 on Form TM-57 under Section 97(C) of the Trade and Merchandise Marks Act, 1958 filed by the opponents/petitioners against the Order dated 5th

Rasiklal Manikchand Dhariwal Karta of R.M. Dhariwal (Huf) and ors. Vs. ...

Court : Mumbai

Subject : Intellectual Property RightsCivil

Acts : Trade Marks Act, 1999 - Sections 34; Limitation Act - Sections 21; Code of Civil Procedure (CPC) - Sections 10 - Order 6, Rule 17 - Order 14, Rule 5

Reported in : 2005(3)ALLMR481; 2005(3)BomCR104; 2005(2)MhLj611; 2005(31)PTC401(Bom)

be granted. 12. Both, Mr. Chagla and Mr. Tulzapurkar has also placed reliance upon Section 34 of the Trade Marks Act, 1999, which inter alia reads as under :'34. Saving for vested rights.- Nothing in this Act shall entitle the

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

Court : Trademark

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 … his intention on form TM-5 to object the registration of the impugned application on the grounds raised under Sections 9, 11(a), 11(e), 12(1) and 18(1) of the Trade & Merchandise Marks Act, 1958 inter alia claiming the … Registrar".27. In an application by Smith Hayden & Co., Ltd., (1946 RPD 97) for registration of trade mark 'Ovax', it was held there was no

M/S Sheetal Clothing Company Private Limited, Trading as Sheetal at Th ...

Court : Intellectual Property Appellate Board IPAB

Subject : Land Acquisition

Civil Application No.47 of 2000 which was subsequently transferred to this Honble Board as per Sec.100 of the Trade Marks Act, 1999 and remembered as TA/281/2004/TM/AMD. M.P.No.21/2007 is an application to stay the order dated 1st June, 2000 and also … mainly dealt in this case, is to consider whether the Registrar has powers to review his own decision Section 97 (c) of the Act deals with the powers of the Registrar to review his own decision. In so