Court : Delhi
..... consolidate and amend the law relating to protection of designs, whether not was a complete code in itself and just like it has been held in relation to copyright act 1957, in the warner entertainment company l.p. v. rpg netcom (2007) 140 dlt758 entertainment network (india) ltd. vs. super cassette industries ltd. (2008) 13 scc30and ..... or without any indication of the identity of that person, and includes a certification trade mark registered as such under the provisions of chapter viii section 2(1)(zb) of the 1999 act relating to trade marks defines trade mark as under: 2(1)(zb) trade mark means a mark capable of being represented graphically and ..... the mark whether with or without any indication of the identity of that person, and includes a certification trade mark or collective mark chapter x referred to in 1958 act and chapter xii referred to in 1999 act, both relate to offences, penalties and procedure and are thus not applicable. f. both provisions aforesaid use the word mark and .....
Tag this Judgment!Court : Delhi
..... consolidate and amend the law relating to protection of designs, whether not was a complete code in itself and just like it has been held in relation to copyright act 1957, in the warner entertainment company l.p. v. rpg netcom (2007) 140 dlt758 entertainment network (india) ltd. vs. super cassette industries ltd. (2008) 13 scc30and ..... or without any indication of the identity of that person, and includes a certification trade mark registered as such under the provisions of chapter viii section 2(1)(zb) of the 1999 act relating to trade marks defines trade mark as under: 2(1)(zb) trade mark means a mark capable of being represented graphically and ..... the mark whether with or without any indication of the identity of that person, and includes a certification trade mark or collective mark chapter x referred to in 1958 act and chapter xii referred to in 1999 act, both relate to offences, penalties and procedure and are thus not applicable. f. both provisions aforesaid use the word mark and .....
Tag this Judgment!Court : Delhi
..... consolidate and amend the law relating to protection of designs, whether not was a complete code in itself and just like it has been held in relation to copyright act 1957, in the warner entertainment company l.p. v. rpg netcom (2007) 140 dlt758 entertainment network (india) ltd. vs. super cassette industries ltd. (2008) 13 scc30and ..... or without any indication of the identity of that person, and includes a certification trade mark registered as such under the provisions of chapter viii section 2(1)(zb) of the 1999 act relating to trade marks defines trade mark as under: 2(1)(zb) trade mark means a mark capable of being represented graphically and ..... the mark whether with or without any indication of the identity of that person, and includes a certification trade mark or collective mark chapter x referred to in 1958 act and chapter xii referred to in 1999 act, both relate to offences, penalties and procedure and are thus not applicable. f. both provisions aforesaid use the word mark and .....
Tag this Judgment!Court : Delhi
..... consolidate and amend the law relating to protection of designs, whether not was a complete code in itself and just like it has been held in relation to copyright act 1957, in the warner entertainment company l.p. v. rpg netcom (2007) 140 dlt758 entertainment network (india) ltd. vs. super cassette industries ltd. (2008) 13 scc30and ..... or without any indication of the identity of that person, and includes a certification trade mark registered as such under the provisions of chapter viii section 2(1)(zb) of the 1999 act relating to trade marks defines trade mark as under: 2(1)(zb) trade mark means a mark capable of being represented graphically and ..... the mark whether with or without any indication of the identity of that person, and includes a certification trade mark or collective mark chapter x referred to in 1958 act and chapter xii referred to in 1999 act, both relate to offences, penalties and procedure and are thus not applicable. f. both provisions aforesaid use the word mark and .....
Tag this Judgment!Court : Delhi
..... consolidate and amend the law relating to protection of designs, whether not was a complete code in itself and just like it has been held in relation to copyright act 1957, in the warner entertainment company l.p. v. rpg netcom (2007) 140 dlt758 entertainment network (india) ltd. vs. super cassette industries ltd. (2008) 13 scc30and ..... or without any indication of the identity of that person, and includes a certification trade mark registered as such under the provisions of chapter viii section 2(1)(zb) of the 1999 act relating to trade marks defines trade mark as under: 2(1)(zb) trade mark means a mark capable of being represented graphically and ..... the mark whether with or without any indication of the identity of that person, and includes a certification trade mark or collective mark chapter x referred to in 1958 act and chapter xii referred to in 1999 act, both relate to offences, penalties and procedure and are thus not applicable. f. both provisions aforesaid use the word mark and .....
Tag this Judgment!Court : Delhi
..... consolidate and amend the law relating to protection of designs, whether not was a complete code in itself and just like it has been held in relation to copyright act 1957, in the warner entertainment company l.p. v. rpg netcom (2007) 140 dlt758 entertainment network (india) ltd. vs. super cassette industries ltd. (2008) 13 scc30and ..... or without any indication of the identity of that person, and includes a certification trade mark registered as such under the provisions of chapter viii section 2(1)(zb) of the 1999 act relating to trade marks defines trade mark as under: 2(1)(zb) trade mark means a mark capable of being represented graphically and ..... the mark whether with or without any indication of the identity of that person, and includes a certification trade mark or collective mark chapter x referred to in 1958 act and chapter xii referred to in 1999 act, both relate to offences, penalties and procedure and are thus not applicable. f. both provisions aforesaid use the word mark and .....
Tag this Judgment!Court : Delhi
..... these are also well settled. order 6 rule 17 cpc postulates amendment of pleadings at any stage of the proceedings. in pirgonda hongonda patil v. kalgonda shidgonda patil [air1957sc363: (1957) 1 cm (m) 119/2019 page 9 of 22 scr595 which still holds the field, it was held that all amendments ought to be allowed which satisfy the two conditions ..... pleadings if it finds that delay in disposal of suit can be avoided and that the suit can be disposed of expeditiously. by the code of civil procedure (amendment) act, 2002 a proviso has been added to order 6 rule 17 which restricts the courts from permitting an amendment to be allowed in the pleadings of either of the ..... have claimed six different reliefs in the plaint and plaintiffs are liable to pay separate court fee on each of the reliefs in accordance with the provisions of court fee act. suit of the plaintiffs cannot be proceeded till requisite court fee is paid. 5. vide the application under order vi rule 17 of the cpc, the plaintiffs of .....
Tag this Judgment!Court : Delhi
..... as intellectual property and not in other such matters, would be that even though statutes might provide penalties, prison sentences and fines (like under the trademarks act, the copyrights act, designs act, etc) and such provisions invariably cap the amount of fine, sentence or statutory compensation, civil courts can nevertheless proceed unhindered, on the assumption that such ..... of the news. further, section 52 (1) (a) (ii) of the copy right act, 1957 also excludes from the ambit of infringement, a fair dealing with musical work for the purposes of criticism or review of that work. it is further stated ..... to grant license to third parties permitted it to exploit the said rights assigned to the plaintiff. plea was taken that section 39 of copy right act, 1957 specifically excludes from the ambit of infringement, use of excerpts by a broadcaster for reporting on current events or for review in the process of dissemination .....
Tag this Judgment!Court : Delhi
..... fused ; (xiv) the visual features, on account of style, constitute an artistic work within the meaning of section 2(c) of the copyright act, 1957 and the plaintiff no.1 has also obtained a copyright registration for the artistic work in the mark (label); (xv) the products of the plaintiffs are sold in a distinct packaging involving an ..... ; (c) thereafter, vide notification dated 16th october, 2018, the rules themselves were amended to incorporate the said practice directions in the rules; (d) rule 1 of chapter xa incorporated in the rules, empowers the court to, at the time of case management hearing of its own, decide a claim pertaining to any dispute, by a summary ..... it was further enquired that, since there was obviously an inconsistency in order xiiia rule 4 of the cpc prescribing the procedure for applying for summary judgment and chapter xa rule 1 of the delhi high court (original side) rules, which of the two will prevail. the counsel for the plaintiffs contended that there is no .....
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..... prudent to refer to section 62 of the copyright act, 1957: 62. jurisdiction of court over matters arising under this chapter (1) every suit or other civil proceeding arising under this chapter in respect of the infringement of copyright in any work or the infringement of any other right conferred by this act shall be instituted in the district court having ..... persons, any of them actually and voluntarily resides or carries on business or personally works for gain. 11. the scope and ambit of section 62 of the copyright act, 1957 has been laid down by the hon ble supreme court in exphar sa v. eupharma laboratories ltd., (2004) 3 scc688 (para13) it prescribes an additional ground ..... above, there can no doubt that an agreement conferring exclusive jurisdiction will not be in violation of section 28 of the indian contract act, 1872 or section 62 of the copyright act, 1957. the only condition that is to be seen is whether such an agreement is clear and unambiguous and the intention of the parties .....
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