Court : Mumbai
..... publicity and presentation, at fairs or exhibition of the goods or services to which the trade mark applies; (iv) the duration and geographical area of any registration of or any application for registration of that trade mark under this act to the extent they reflect the use or recognition of the trade mark; (v) the record of successful enforcement of the rights in that trade mark; in particular, the extent to which the trade mark has been recognised ..... in assessing any such case, whether founded in infringement or passing off or both, a court considers not just the privileges and protection of exclusivity afforded by statute and common law to a claimant but also, and perhaps even more importantly, the greater public good: healthy and fair commercial competition, the avoidance of ..... paragraph 22 also cannot be reconciled with what is said in the following paragraph 23, for here the plaintiff accepts that on 1st december 2005 it was served with an affidavit affirmed by the general manager of the 1st defendant containing evidence proposed to be used in support of the 1st defendant s ..... invoices of domestic sales from 6th february ..... paragraph now suggests that the reason for the delay between 2005 and 2009-10 was because of some alleged miscommunication with the ..... 2003 on the defendants and as the advocate attending to the registration was only concerned with the registration, the significance of the material annexed to affidavit dated 1st december 2005 was inadvertently missed out. .....
Tag this Judgment!Court : Mumbai
..... the discretion of the civil court to proceed with the suit is narrowed down, but i am unable read to anything from the act which would place a total embargo on the civil court to continue the proceedings before it only on the mere existence ..... (iv) insolvency and winding up matters; (v) testamentary matters (grant of probate, letters of administration and succession certificate); and (vi) eviction or tenancy matters governed by special statutes where the tenant enjoys statutory protection against eviction and only the specified courts are conferred jurisdiction to grant eviction or decide the disputes.? 32 ..... ., a constitutional bench of this court held that once the chief justice or his designate appoints an arbitrator in an application under section-11 of the act, after satisfying himself that the conditions for exercise of power to appoint an arbitrator are present, the arbitral tribunal could not go behind such decision and rule on its own ..... . this court identified and segregated the preliminary issues that may arise for consideration in an application under section-11 of the act into three categories, that is (i) issues which the chief justice or his designate is bound to decide; (ii) issues which he can also decide, that is issues which he may choose to decide; ..... the scheme of the act, in a domestic arbitration a reference can come before an arbitrator through a court order under section 8 or section 11 or directly by an act of the parties acting under the appointment ..... ltd (2005) .....
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