Judgment Search Results Home > Cases Phrase: geographical indications of goods registration and protection act 1999 section 67 relief in suit for infringement or for passing off Page 1 of about 141 results (0.170 seconds)

The Scotch Whisky Association, Vs. Golden Bottling Limited

Court : Delhi

Reported in : 129(2006)DLT423; 2006(32)PTC656(Del)

..... quite apart from that, as a result of the wto trips agreement, india has passed the geographical indications of goods (registration and protection) act, 1999. ..... section 20(1) of the act prohibits any person from instituting any proceedings to prevent or to recover damages for the infringement of an unregistered geographical indication. ..... the plaintiffs have filed this suit for a permanent injunction restraining the defendant and those acting under the defendant from dealing, in any manner, with whisky under the name 'red scot' or any other name containing the word 'scot' or any word similar thereto so that the defendant cannot pass off its whisky as scotch whisky. 2. ..... under the circumstances, the relief prayed for by the plaintiffs is granted and the defendant and those acting under the defendant are restrained from using the word 'scot' or any other word similar thereto in the whisky manufactured and sold by the defendant.25. .....

J.C Bamford Excavators Limited and Another Vs. Bull Machines Pvt Ltd.

Court : Delhi

..... registrar general, delhi high court, whereby it was directed that ...the cases arising out of patents act, 1870; trademarks act, 1999; designs act, 2000; copyright act, 2000; and the geographical indications of goods (registration and protection) act, 1999, shall not be transferred and in case application seeking amendment in the pecuniary value is filed, they shall be considered by the respective single judges in accordance with law. ? 9. ..... it is difficult to agree how in such a case when in historical past earlier suit was disposed of as technically not maintainable in absence of proper relief, for all times to come in future defendant of such a suit should be armed with a license to go on committing fresh acts of infringement and passing off with impunity without being subjected to any legal action against such future acts. ? 11. ..... learned senior counsel for the plaintiffs submits that the present suit is not required to be transferred in view of the proviso to section 7 of the commercial courts, commercial division and commercial appellate division of high courts ordinance, 2015. ..... even otherwise, it is stated that this court is not ousted from its jurisdiction or power to pass an order in the application for amendment of plaint, assuming the interpretation of section 7 of the ordinance, 2015 is ultimately not accepted in the writ petitions. 10. .....

Tea Board, India Vs. I.T.C. Limited

Court : Kolkata

..... 6) the geographical indications of goods (registration and protection) act, 1999 (g.i. ..... injunction in such a suit by which the plaintiff prayed for restraining the defendant from using or conducting or marketing in any manner or in any way carrying on its business at the hotel situated in kolkata by using in any manner whatsoever the name darjeeling lounge or any other name or mark or word which is phonetically or structurally similar or identical or deceptively similar to the registered geographical indications darjeeling, the name and logo in the name of the plaintiff in any manner whatsoever and/or passing off or attempting to pass off its business ..... mitra contends that the registration given in favour of the plaintiff was in respect of certification trade marks and thus, there was no scope of alleging infringements under sections 28-29 of the act and consequently, no right accrued in favour of the plaintiff also in complaining the alleged violation of passing off as the plaintiff is neither trading with any goods nor is carrying on any business in the name of darjeeling. mr. ..... therefore, the only question that arises for determination in this appeal is whether the learned single judge in the facts of the present case was justified in refusing the prayer of interim relief in favour of the plaintiff during the pendency of the suit. .....

Subhash Jewellery, Represented by C.V. Dayanandan Sole Proprietor Vs. ...

Court : Intellectual Property Appellate Board IPAB

..... section 2 (e) of the geographical indications of goods (registration and protection) act,1999, (act in short) defines geographical indication, in relation to the goods in this case, namely the ring, it means an indication which identifies that the ring has been manufactured in payyannur or where the production of the ring takes place. ..... the objects and reasons for enacting this law show that at present there is no specific law governing geographical indications of goods in the country which could adequately protect the interest of the producers of such goods. ..... accompanying statement of case as required under rule 32(1) as to whether it meets the requirements of the act and the rules and for this purpose, he shall ordinarily constitute a consultative group of not more than seven representatives chaired by him for organization or authority or persons well versed in the varied intricacies of this law or field to ascertain the correctness of the particulars furnished in the statement of case referred to in rule 32(1) which shall ordinarily be finalized within three months from ..... this appeal is against the order passed on 14.07.2009 in an opposition proceedings no.gir/top 2/347/09 granting g.i. ..... our act takes off from the trademark act, but it too requires a volition or desire from the producers. .....

Lg Electronics India Pvt Ltd Vs. Bharat Bhogilal Patel and Others

Court : Delhi

Reported in : 2012(5)CTC(IP)1

..... goods infringing intellectual property rights" means any goods which are made, reproduced, put into circulation or otherwise used in breach of the intellectual property laws in india or outside india and without the consent of the right holder or a person duly authorized to do so by the right holder; (b) "intellectual property" means a copyright as defined in the copyright act, 1957, trade mark as defined in the trade marks act,1999, patent as defined in the patents act, 1970, design as defined in the designs act, 2000 and geographical indications as defined in the geographical indications of goods (registration and protection) act, 1999 ..... bench, therefore, held that the filing of an application for registration of a trademark in delhi would give rise to a threat perception in the minds of the people that the offending goods would be sold in delhi and that would be sufficient to give the courts in delhi jurisdiction to entertain a suit for passing off. ..... where pursuant to an application under this section the release of goods involving industrial designs, patents, layout-designs or undisclosed information into free circulation has been suspended by customs authorities on the basis of a decision other than by a judicial or other independent authority, and the period provided for in article 55 has expired without the granting of provisional relief by the duly empowered authority, and provided that all other conditions for importation have been complied with, the owner, importer, or .....

Comite Interprofessionnel Du Vin De Champagne vs.m/s Chinar Agro Fruit ...

Court : Delhi

..... the plaintiff has filed this suit for infringement of geographical indication under section 22 of the geographical indications of goods (registration and protection) act, 1999 (hereinafter referred to as the gi act) for restraining the defendant from committing, inter-alia, acts of infringement of the plaintiff s registered geographical indication champagne by using the name champagne in respect of non-alcoholic sparkling drinks. ..... relief in suit for infringement or for passing off. ..... (1) the relief which a court may grant in any suit for infringement or for passing off referred to in section 66 includes injunction (subject to such terms, if any, as the court thinks fit) and at the option of the plaintiff, either damages or account of profits, together with or without any order for the delivery-up of labels and indications for destruction or erasure. ..... or which alludes or suggests a nexus or association with the champagne region of france, or from committing or doing any other act so as to infringe the plaintiff s registered geographical indication, champagne; and (ii) restraining the defendant by itself and its officers, servants, agents and representatives from indulging in all acts of unfair competition, including passing off or engaging in any other act that would dilute and debase the collective goodwill and reputation enjoyed by the name cs(comm) 1194/2016 page 13 of 14 champagne as a unique wine originating from the champagne region .....

The State Government of Madhya Pradesh vs.union of India & Ors

Court : Delhi

..... first, it contended that it is outside the scope of the seeds act, 1966 (hereafter the seeds act ); second, that the oms encroach upon the power of the petitioner to pass laws in relation to agriculture, which is a state subject; and third, that itventures into the statutory field of the geographical indications of goods (registration and protection) act, 1999 (hereafter the gi act ).4. ..... in terms of section 10aof the said act, apeda is also charged with a duty to undertake measures in india and outside india for registration and protection of the intellectual property rights (including gis) in respect of special products listed in the second schedule to the said act. ..... (2) no person shall alter, obliterate or deface any mark or label attached to the containerof any seed: (3) every person selling, keeping for sate, offering to sell, bartering or otherwise supplyingany seed of notified kind orvariety under section 7, shall keep over a period ofthree years a completerecord ofeach lot ofseed sold except that any seed sample may be discarded one year after theentire lot represented by such sample has been disposed of. ..... as stated above, section 7 of the seeds act provides for regulation of the seeds of notified kinds or varieties, and proscribes any person from carrying on the business of dealing with notified kind of varieties of seeds, unless the conditions as specified under section 7 of the act are met. .....

itc Limited Vs. the Registrar of Trade Marks and Another

Court : Intellectual Property Appellate Board IPAB

..... if the registration of the mark shall not be allowed because of the provisions of the geographical indication of the goods (registration and protection) act, 1999 that issue will be decided in accordance with law at the appropriate time when it arises. ..... case is that they have used such names of places in their various hotels where hospitality services are rendered and they applied for registration of the mark. ..... the said order the deputy registrar had held the application filed by the appellant herein for registration of trade mark dargeeling lounge in class 42 as abandoned. ..... all, the learned counsel for the respondent submitted that the respondent is a statutory body and has a duty to protect geographical indications in relation to the goods and has been protecting the mark dargeeling since it would indicate the geographical origin of tea. ..... according to the appellant herein the trade mark word and device dargeeling lounge is not used in respect of any goods but as a service mark for the services rendered at the hotel sonar bangla at ..... fact that delay in filing the appeal is condoned does not mean that a mark for which registration is prohibited will be registered. ..... we indicated that it was not proper for the counsel on record to place himself in the position of a witness and it was not desirable either. ..... the learned counsel for the respondent seemed to indicate that this letter itself has been sent only to bolster the case of the appellant that they did not receive the notice of hearing .....

Competition Commission of India Vs. Co-Ordination Committee of Artists ...

Court : Supreme Court of India

..... (5) nothing contained in this section shall restrict (i) the right of any person to restrain any infringement of, or to impose reasonable conditions, as may be necessary for protecting any of his rights which have been or may be conferred upon him under (a) the copyright act, 1957 (14 of 1957); (b) the patents act, 1970 (39 of 1970); (c) the trade and merchandise marks act, 1958 (43 of 1958) or the trade marks act, 1999 (47 of 1999); (d) the geographical indications of goods (registration and protection) act, 1999 (48 of 1999); (e) the designs act, 2000 (16 of 2000); \ (f) the semi-conductor integrated circuits layout-design act, 2000 (37 of 2000); (ii) the right of any ..... we have given our due consideration to the respective submissions and have minutely gone through the orders passed by various authorities, glimpse whereof is already reflected above. ..... even an interim relief was sought in the nature of direction from cci to ctvn+ and channel 10 not to yield to the threats of eimpa and coordination committee and restart the telecast of the serial which was stopped since 17th april, 2011. .....

Mylan Laboratories Limited vs.union of India & Ors

Court : Delhi

..... 1051(e) in exercise of the powers conferred of section 1(3) of geographical indication of goods (registration and protection) act, 1999 appointed the 15/09/2003 as the date on which all the provisions of said act shall come into force.2. ..... vide gazette notification s.o .514(e) central government in exercise of the powers conferred by section 117(g) of the patents act, 1970 the central government notifies 2/4/2007 as the date on which all cases of appeals against any order or decision of the controller and all cases pertaining to revocation of patent other than on a counter claim in a suit for infringement and rectification of register pending before any high court shall stands to appellate board.3. ..... (c) 5571/2019 page 30 of 32 talluri srinivas (supra) and bharat bijlee limited (supra), this court holds that the chairman, ipab and the technical member (plant varieties protection) are competent to hear the urgent matters relating to the patents, trade marks and copyright till the vacancies of other technical members are filled up and the orders passed would not suffer invalidity on the ground of lack of coram.37. ..... it is submitted that the petitioner s writ petition be taken up for hearing for consideration of the interim relief. .....