Court : US Supreme Court
..... 03 388.argued january 10, 2005 decided april 27, 2005 petitioner texas peanut farmers allege that their crops were severely damaged by the application of respondent s (dow) strongarm pesticide, which the environmental protection agency (epa) registered pursuant to its authority under the federal insecticide, fungicide, and rodenticide act (fifra). ..... states are free to impose liability predicated on a violation of the federal standards set forth in fifra and in any accompanying regulations promulgated by the environmental protection agency, they may not impose liability for labeling requirements predicated on distinct state standards of care. ..... at 524; it does not call for speculation as to whether a jury verdict will prompt the manufacturer to take any particular action (a question, in any event, that will depend on a variety of cost/benefit calculations best left to the manufacturer s accountants). ..... because we need only determine the ordinary meaning of 136v(b), the majority rightly declines to address respondent s argument that petitioners claims are subject to other types of pre-emption ..... such registration shall be deemed registration under section 136a of this title for all purposes of this subchapter, but shall authorize distribution and use only within such state . ..... dow obtained this registration in time to market strongarm to texas farmers, who normally plant their peanut crops around may 1. ..... , dow reregistered its strongarm label with epa prior to the 2001 growing season. .....
Tag this Judgment!Court : Karnataka
..... original accused no.2 has taken exception of conviction and sentence imposed upon him by way of judgment and order dated 3rd october 2011 rendered by the xxxii additional city civil and sessions judge and special judge for cbi cases, bengaluru in spl.cc no.57/2004, thereby, convicting him for the offences punishable under sections 120-b read with 420, 409, 477a of ipc and sections 13(1)(c) & (d) read with section 13(2) of prevention of corruption act, 1988 (in short `the pc act ) and sentencing him along with original accused ..... though pw.1 was thoroughly cross-examined by the defence, questioning the validity of the sanction as defined under the provisions of section 19 of the pc act, the ex.p1 sanction order issued by pw.1 do demonstrate that the disciplinary authority has issued sanction in accordance with the provisions of law. ..... even the physical stock verification was conducted regarding nsc seeds stored at apmc godown on 28.12.2001 and found a physical shortage of varieties of seeds worth rs.24,46,325.49. ..... according to her, the learned trial court, by considering all the evidence and documents, has rightly concluded that the accused are guilty of the aforesaid offences. ..... the said corporation is engaged in the production and marketing of high-quality seeds and the supply of the same to the farmers through its appointed dealers/agents. ..... that means, as a whole, he was in charge of the processing plant and responsible for all the activities. .....
Tag this Judgment!Court : Delhi
..... 153/2017 page 34 of 36 mention may also be made of section 2(1)(zb)(ii) of the trade marks act, 1999 inter alia defining a trade mark as meaning a mark capable of distinguishing the goods of one person from those of others for the purpose of indicating or so to indicate a connection in the course of trade between the goods and some person having the right to use the mark, whether with or without any indication of the ..... the plaintiff is much higher than that of the defendants; (i) that the plaintiff s claim that representations wilkinson sword (device and word) constitute original artistic works under the copyright act, 1957 is without any basis, as the plaintiff has not shown the acquisition of rights from the artist who created the artwork; (j) that the plaintiff always uses the trade mark sword in conjunction with the ..... thus, a restrictive application needs to be made for protecting words which share the sense relation, in that, protection should be accorded only to those sense relations of the word where the context in which they are applied to the brand name, is the same, which causes similar ideas to be ..... , 2001) edited by her, has cited certain works which have found that comprehension is influenced by the misconceptions and pre- conceived misunderstandings that readers posses before beginning to read a passage and that when readers prior knowledge conflicts with material written in a text, readers tend to misread the text to make it fit their previously formed schemata .....
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