Skip to content


Judgment Search Results Home > Cases Phrase: the trade marks amendment act 2010 no 40 of 2010 21st september 2010 Page 1 of about 6,020 results (0.632 seconds)

Apr 25 2017 (HC)

Info Edge (India) Ltd. & Anr vs.sumanta Bhattacharya & Anr

Court : Delhi

..... 2010 obtained registration of trademark naukri.com and naukri.org ; (v) that the plaintiffs applied for amendment of the plaint to add the relief on the ground of infringement and which amendment was allowed on 9th september, 2010; (vi) that the defendant no.1 in written statement dated 23rd december, 2010 to the amended plaint set up a plea of invalidity of the registration of the plaintiffs; (vii) that an additional issue was framed on 2nd november, 2012 on the amended plaint and qua the relief of infringement; (viii) that the defendant no.1 on 17th january, 2013 filed an application under section 124 of the trade marks act ..... vide order dated 9th september, 2010, the application of the plaintiffs for amendment of the plaint, as a consequence to registration during the pendency of the suit, of the trade marks naukri , naukri.com and naukri.org in class 9,42 and 16 on 11th february, 2005, 9th june, 2006 and 17th march, 2006 respectively, to incorporate therein the claim against the defendants, also on the basis of infringement of trade mark, was allowed.10. .....

Tag this Judgment!

Apr 20 2018 (HC)

Marico Ltd vs.mrs. Jagit Kaur

Court : Delhi

..... though trademarks and copyright operate under different statutes, since rights in an original artistic work could overlap with label marks registrable under the trade marks act, the legislature in its wisdom added a proviso to section 45 in the copyright act which reads as under: 45. ..... , the application shall include a statement to that effect and shall be accompanied by a certificate from the registrar of trade marks referred to in [section 3 of the trade marks act, 1999 (47 of 1999)]. ..... it is the case of the appellant that the trade mark nihar has been in use for several years in respect of coconut oil and the label that has been used, has the primary colour scheme of green, yellow and white with the representation of two coconut trees. ..... the registrar has to see as to whether any trademark identical or deceptively similar to such artistic work exists on the trade marks register and then issue a no-objection letter. ..... the rectification petition was dismissed on 21st september 2008 and the present appeal assails the said order. ..... over the years though, the labels themselves have been amended, the fundamental get up and colour scheme continued to remain the same. ..... in 1994, the brand was amended to nihar and was used in respect of hair oil, coconut oil, cosmetics, perfumes, etc. .....

Tag this Judgment!

Mar 19 2020 (HC)

M/s Sri Santhipriya Minerals Pvt Ltd Vs. State Of Karnataka

Court : Karnataka

..... issue a writ of mandamus or such other appropriate writ or order or direction, directing the respondents to effect extension of the mining lease period for the lost period being the time commencing from the coming into force of the amendment act or ion the alternative 04.03.2016 wherein this hon ble court first directed the respondents to execute deemed extension of the lease of the petitioner until execution of the same to be added to the time after 31.03.2020 in terms of the representation dated 28.09.2019 vide annexure-z.4. ..... the additional chief secretary, by the letter dated 21st september, 2016 addressed to the principal chief conservator of forests stated that as the letter of extension of mining lease was not issued by the commerce and industries department of the government of karnataka, the proposal for extension of forest clearance cannot be considered. ..... by a communication dated 21st september, 2016, the additional chief secretary, department of forests, ecology and environment, government of karnataka, informed the principal chief conservator of forests that the application made for extension of the forest clearance was rejected, as the letter of extension of the mining lease issued by the concerned department (department of commerce and industries) has not been submitted. ..... 3.6 against this communication dated 21st september, 2016, the petitioner filed w.p. .....

Tag this Judgment!

Jul 31 2000 (TRI)

income Tax Officer Vs. Kalyan Kumar Roy Trust

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2000)75ITD36Cal

..... in view of the finding aforesaid that it was a case of setting aside assessment with a direction to make it afresh, the order made by the ao on 21st september, 1990, cannot be said to be barred by limitation. ..... 254(2), the assessee pointed out that the two points recorded by the tribunal as being the contentions of the learned counsel for the assessee as well as its omission to deal with his contention about the appeals being not in accordance with law were mistakes apparent from the record and required the tribunal to amend its order with a view to rectifying the same. ..... 153(2a) were introduced by taxation laws (amendment) act, 1970 w.e.f. ..... the decision of the supreme court was concerned with the validity of the proceedings for penalty under the old act and the question before the court was whether penalty proceedings which were validly initiated can be continued from the notice stage after the penalty order had been set aside on the ground that no opportunity of hearing was afforded to the assessee. ..... cit(a) was only to adjudicate upon the ground relating to the validity of the assessment and, therefore, that would not authorise the ao to proceed as if the entire proceeding was set aside by the appellate authority.he, therefore, held that while purporting the act in accordance with the direction of the dy. .....

Tag this Judgment!

Aug 20 2014 (SC)

Krishna Kumar Rastogi Vs. Sumitra Devi

Court : Supreme Court of India

..... and hearing the parties, the prescribed authority accepted the case of the appellant/landlord and allowed the application for release of shop in his favour vide order dated 21st september, 1999 against which the tenant (present respondent) sumitra devi filed rent control appeal no.9 of 1999 before additional district judge, bijnor, and said authority after hearing the parties vide its order dated 23rd april, 2000 allowed the appeal and set aside the order passed by the prescribed authority ..... , either for residential purposes or for purposes of any profession, trade or calling, or where the landlord is the trustee of a public charitable trust, for the objects of the trust; that the building is in a dilapidated condition and is required for purposes of demolition and new construction: provided that where the building was in the occupation of a tenant since before its purchase by the landlord, such purchase being made after the commencement of this act, no application shall be entertained on the grounds, mentioned in clause (a), unless a period of three years has ..... in reply to the amended plea of the respondent, the appellant pleaded that even if the application of his brother jayanti prasad is allowed, it does not fulfill the necessity of the appellant and his son for the shop in question. .....

Tag this Judgment!

Mar 23 2018 (HC)

The Polo/Lauren Company L P vs.m/s Varsha & Co and Anr

Court : Delhi

..... asset including their premises at the address mentioned in the memo of parties and their stocks-in-trade or any other assets as may be brought to the notice of the hon ble court during the course of the proceedings and on the defendant s disclosure thereof and which the defendant is called upon to disclose and/or on its ascertainment by the plaintiff as the plaintiff is not aware of the same as per section 135(2)(c) of the trade marks act, 1999 as it could cs (comm) 673/2016 page 2 of 8 adversely affect the plaintiff s ability to recover the costs and pecuniary reliefs thereon ..... the plaint otherwise, as per the amended cpc, besides being verified, is also supported by affidavits of the plaintiffs. ..... vide order dated 28th september, 2015, an ad-interim injunction order was passed and defendant nos. ..... the ad-interim order was confirmed on 21st march, 2018 till the disposal of the suit. ..... the remaining defendants were also proceeded ex parte on 21st march, 2018.4. .....

Tag this Judgment!

Nov 29 2013 (HC)

Ajanta Limited and anr Vs. M/S Ajanta Transistor Clock Manufacturing C ...

Court : Delhi

..... dave submits that since by virtue of mou relied upon by his clients, two items clocks and timepieces have come to the share of the appellants bearing the trade mark ajanta and that also the order dated 11th december, 2008 allows the appellants to use the expression of quartz in respect of these two items, therefore, his clients are entitled to use the trademark ajanta quartz. ..... ajanta manufacturing limited can go ahead with the public issue but with the following amendments/clarifications in the prospectus: (a) that the right of the said company to use the word or mark ajanta is subject matter of challenge before the high court. ..... balancing out all these factors and keeping in view that at this stage only an interim order is being passed, the following directions are issued:(i) the defendants will not use the words ajanta quartz or from the house of ajanta quartz on any of their packaging, advertisements, web sites except in respect of packaging or advertisements for time pieces and wall ..... (b) it shall be stated that the plaintiff company is owner of the trademark/label ajanta in terms of deed of assignment dated 19th september, 2002, except time pieces and wall ..... , it was found prima-facie that none of the parties have fully and sincerely complied with the terms thereof nor the same was fully acted upon by the parties.4. ..... the main dispute of the parties herein was with regard to compliance of terms and conditions of memorandum of understanding dated 21st july, 2004 relied upon by the .....

Tag this Judgment!

Dec 06 1989 (HC)

B. Ramesh Vs. University of Health Sciences, Vijayawada and Others

Court : Andhra Pradesh

Reported in : AIR1991AP1

..... of any court, tribunal or other authority- (a) no appointment, posting, promotion or transfer of any person- (i) made before the 1st day of november, 1956 to any post under the government of, or any local authority within, the state of hyderabad as it existed before that date, or (ii) made before the commencement of the constitution (thirty second amendment) act, 1973, to any post under the government of, or any local or other authority within, the state of andhra pradesh; and (b) no action taken or thing done by or before any person referred to in sub ..... on 21st september, 1973 a six point formula was evolved by the political leaders to provide for a uniform approach for promoting accelerated development of the backward areas of the state so as to secure balanced development of the state as a whole and providing equitable opportunities to different areas of the state in the matter of education and employment in public services ..... no.2 who secured 87/100 marks; the petitioner being the third having obtained 86/100 marks could not come up in ..... it is stated that according to the marks obtained by the candidates two unreserved seats have been allotted on the basis of merit and one reserved seat in osmania medical college has been allotted to a local ..... four candidates applied for admis-sion to the said course whose rank on the basis of marks obtained in the entrance test is as under: marks1. dr ..... 1 who secured 88/100 marks and the second seat was allotted to ..... who secured 83/100 marks.20. .....

Tag this Judgment!

Nov 04 2016 (HC)

Divya Jyoti Kanal & Anr vs.sanjukta S J Bahadur & Anr

Court : Delhi

..... death of the father, the defendant no.1 being the mother of the plaintiffs, during the visit of the plaintiffs to india in february, 1995 on the occasion of the wedding of the defendant no.2, made the plaintiffs sign and register a document titled release deed cs(os) no.131/2016 page 4 of 11 on the pretext that the same was required for the pending litigation and representing that the properties will remain of the huf; (f) that sometime in 2002 or 2003, the defendant no.1 being the mother of the plaintiffs again approached the plaintiffs for giving a power of attorney for the purposes of the said ..... section 6 supra was amended by the hindu succession (amendment) act, 2005 to provide that w.e.f. ..... from 9th september, 2005, in a joint hindu family governed by mitakshara law, the daughter of a coparcener shall become coparcener in her own right in the same manner as the son and shall have the same rights in the coparcenery property as a son. ..... i have thus enquired from the counsel for the plaintiffs that the plaintiffs having released and relinquished their shares in the aforesaid cs(os) no.131/2016 page 7 of 11 properties vide relinquishment deed dated 21st february, 1995, how can the plaintiffs claim partition of their share in the said properties.14. ..... exhibit marks thereon be put by the joint registrar when the matter is posted next before him/her.6. .....

Tag this Judgment!

Nov 11 2009 (HC)

Reed Elsevier Properties Inc. and anr. Vs. Best Media Associates (Indi ...

Court : Mumbai

Reported in : 2010(112)BomLR257; LC2010(1)1

..... on 21st january 2006 the plaintiff made an application under the trade marks act 1999 for registration of the mark 'variety' under class 16 and class 42. ..... i am therefore of the opinion, both on the interpretation of the indian statute and on principle, that registration of the 'three stars' trade mark of the swedish match company in foreign or convention countries, cannot help the appellant in this appeal, on the question of indian registration and its statutory conditions under the indian trade mark and merchandise marks act, 1958.i am in respectful agreement with the judgment of the hon'ble calcutta high court. ..... by an order dated 17th march 2009 the plaintiff was allowed to amend the plaint inter alia by introducing some of the above facts relating to the application for amendment of the date of user in respect of the applications for registration, the fact of registration of the plaintiffs mark and making consequential amendments based thereon including the addition of a claim for infringement of the registered trademark.10. ..... the plaintiffs through their advocate addressed another cease and desist notice dated 22nd september 2006. ..... (ii) the defendant shall disclose on or before 30th november, 2009 on affidavit details of its existing stock and shall be entitled to dispose of its existing stock on or before 31st march 2010. .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organize Client Files //