Judgment Search Results Home > Cases Phrase: trade marks act 1999 47 of 1999 section 126 implied warranty on sale of marked goods Page 1 of about 684 results (0.138 seconds)

Kabushiki Kaisha Toshiba Trading as Toshiba Corp. Vs. Mr. S.K.Sil and ...

Court : Delhi

..... . section 29(4) of trade marks act, 1999, which is relevant in this regard, reads as under:- 29(4) a registered trade mark is infringed by a person who, not being a registered proprietor or a person, using by way of permitted use, uses in the course of trade, a mark which- (a) is identical with or similar to the registered trade mark; and (b) is used in relation to goods or services which are not similar to those for which the trade mark is registered; and (c) the registered trade mark has a reputation in india and the use of the mark without due cause takes unfair advantage of or is detrimental to, the distinctive ..... haruhiko takigawa has supported on oath the case set out in the plaint and stated that the plaintiff company which is also known as toshiba corporation is engaged in manufacturing and sale of electronic and electrical goods bearing the mark toshiba and this company came into existence in the year 1875. ..... . the companies which invest heavily in brand building and back them up by quality products are bound to suffer not only in reputation but also in financial terms, on account of diminution in the value of the brand as well as sale of their products/services, if the brands are not given adequate protection by the courts, by awarding punitive damages against the infringers .....

Christian Louboutin Sas vs.abubaker & Ors.

Court : Delhi

..... in cs(comm) no.890/2018 page 16 of 47 order to decide this aspect the following provisions of the trade marks act, 1999 would be relevant:-" section 2(m) "mark" includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colors or any combination thereof. ..... by a person of a trade mark- (i) in relation to goods connected in the course of trade with the proprietor or a registered user of the trade mark if, as to those goods or a bulk or which they from part, the registered proprietor or the registered user conforming to the permitted use has applied the trade mark and user conforming to the permitted use has applied to the trade mark and has not subsequently removed or obliterated it, or has at any time expertly or impliedly consented to the use of the trade mark, or (ii) in relation to services to which the proprietor of such mark or of a registered ..... (3) where the goods bearing a registered trade mark are lawfully acquired by a person, the sale of the goods in the market or otherwise dealing in those goods by that person or by a person claiming under a through him is not infringement of a trade by reason only of- (a) the registered trade mark having been assigned by the registered proprietor to some other person, after the acquisition of those goods, or (b) the goods having been put on the market under the registered trade mark by the proprietor or with his consent. .....

Verizon Trademark Services Llc & Ors vs.mr Parth Solanki & Anr

Court : Delhi

..... on a prima facie basis, this court is of the opinion that the mark verizon satisfies the criteria prescribed under sections 2(1)(zg) read with sections 11(6), 11(7), 11(8) of the trade marks act, 1999. ..... , search relationship management, social networking and any other goods and services using the trademarks varizon, varizon tech, the domain name www.varizontech.com, or any other trade mark which is identically or deceptively similar including the infringing trade mark varizon word and varizon symbol . ..... , accordingly, the defendants, through their partners and proprietors, principal officers, servants, agents and distributors and all others acting on their behalf are restrained from web-hosting, website development, domain registration, engine optimization, customer relationship management, social networking and any other services, in addition to selling, offering for sale, advertising, directly or indirectly dealing in any manner with the business of web-hosting, website development, domain registration, content management .....

Honda Motor Company Limited Vs. Kewal Brothers and anr.

Court : Kolkata

Reported in : 2002(25)PTC763(Cal)

..... therefore, the protection under section 28(3) of the trade and merchandise marks act, 1958 is not available at ..... a decision of the house of lords reported in 1980 rfc 509 it has been held that in a passing off action one has to establish the following essential characteristics :' (1) misrepresentation, (2) made by a person in the course of trade, (3) to prospective customers of his or ultimate consumers of goods or services supplied by him, (4) which is calculated to injure the business or goodwill of another trader (in the sense that this is a reasonably foreseeable consequence) and (5) which causes actual damages to a business or goodwill of the trader ..... the view that at this stage the injunction which has been passed against the defendants should not be allowed to continue since the defendant has been using the aforesaid mark for about last 28 years as such the interim order is vacated, however, the defendants shall keep an accounts of the monthly sale and shall forward the copies of such statement of sale of the plaintiffs learned advocate on record like the disposal of the suit. ..... gupta has relied on the judgment of the supreme court reported in : 1999(108)elt332(sc) on this point to hold that auto lamp is a part and ..... his submission he relies on a decision reported in jt 1999(3) page 404 (nirula 's corner house pvt. ..... syndicate and ors, : 1999 ptc (19) 160(cal ..... to establish that it had reputation in connection with its business in the year 1970 not in relation to the year 1999. .....

Nuvoco Vistas Corporation Limited vs.jk Lakshmi Cement Limited & Anr

Court : Delhi

..... consequently, this court is of the view that by virtue of section 28 of the trade marks act, 1999, the plaintiff has the exclusive right cs(comm) 256/2017 page 26 of 38 to use the concreto trademarks, inter alia, in respect of the class of goods, i.e. ..... this court is further of the view that in infringement cases if the essential features of the mark of the plaintiff are adopted by the defendants, then it is immaterial if the get-up, packaging and other writings or marks on the goods or on the packets in which the defendants offer their goods for sale show marked differences, or indicate a trade origin different from that of the registered proprietor of the mark. ..... expressed in another way, if the essential features of the trade mark of the plaintiff have been adopted by the defendant, the fact that the get-up, packing and other writing or marks on the goods or on the packets in which he offers his goods for sale show marked differences, or indicate clearly a trade origin different from that of the registered proprietor of the mark would be immaterial; whereas in the case of passing off, the defendant may escape liability if he can show that the added matter is sufficient ..... learned senior counsel for the plaintiff emphasized that the defendants had not disclosed any sales or use of the impugned mark concreta and had already changed their brand name to platinum and had been using the same for their cement products. .....

Su-Kam Power Systems Ltd. Vs.mr. Kunwer Sachdev & Anr.

Court : Delhi

..... inspection of the document under rule121 05/09/2018 view cs(comm) 1155/2018 page 43 of 77 intellectual property india government of india trade marks registry trade marks act, 1999 certificate of registration of trade mark, section 23(2) rule 62(1) trade mark no.1430351 date 09/03/2006 no.1441 certified that the trade mark/a representation is annexed hereto has been registered in the name(s) of su-kam power systems ltd; a company incorporated under the indian companies act1956 trading as wz-140nangal raya new delhi-110046 manufacturer, distributor & marchants (body incorporate) in class 9 under no.1430351 as of the ..... . the british columbia supreme court has cs(comm) 1155/2018 page 37 of 77 itself granted judgment on summary trial in cases of the manufacture, importation, distribution, sale and offer for sale of counterfeit goods, even in cases with multiple defendants, a complex investigations and affidavits, and relatively large damage awards, thereby confirming the appropriateness of doing so ..... . learned senior counsel for defendant no.1 submitted across the bar that language in the tmla implies inverters .....

N.R. Dongre and ors. Vs. Whirlpool Corporation and anr.

Court : Delhi

Reported in : AIR1995Delhi300; 1995(34)DRJ109

..... this section reads as under:- '28(1)subject to the other provisions of this act, the registration of a trade mark in part a or part b of the register shall, if valid, give to the registered proprietor of the trade mark the exclusive right to the use of the trade mark in relation to the goods in respect of which the trade mark is registered and to obtain relief in respect of infringement of the trade mark in the manner provided by this act. ..... judge in the ground that the first respondent has not made out any case of actual sale of i's product bearing trade mark 'whirlpool' in india and without actual commercial use of the same it cannot be said to have acquired reputation and good will in this view of the matter, it is urged that the goods of the appellants under the trade mark 'whirlpool' will not cause any confusion or deception as the trade mark 'whirlpool' is not associated in the minds of the public with the ..... 'the affidavit gives the following details of the sale of ils goods under trade mark 'whirlpool' in the various countries of the world excluding the united stales of ..... american company however, did not have any user of the trade mark in united kingdom as no sale of the goods had been made under the said mark by them in that country . ..... (16) in m/s j.n.nichols(vimto) limited vs.rose and thistle & another 1994 ptc 83 20, a division bench of the calcutta high court observed that the use of a trade mark docs not necessarily imply actual sale of the goods bearing such a mark. .....

Dharamsi Morarji Chemical Company Limited Vs. the Rajasthan Navsagar M ...

Court : Mumbai

Reported in : 2002(2)BomCR162; (2002)1BOMLR812; 2002(25)PTC372(Bom)

..... section 12(1) contemplates subject to the discussion under sub-section (3) that no trademark shall be registered in respect of any goods or description of goods which is identically or deceptively similar to the trade mark which is already registered in the name of the different proprietor in respect of the same goods or description of goods. ..... 468100 in class i of the 1st to 5th respondents to proceed to registration subject to amending the goods so as to read as 'navsagar for sale in the districts of dhule and jalgaon in the state of maharashtra and district of surat in state of gujarat.2. ..... the 6th respondent held that the contention was not sustainable as a person may acquire a right of property in trade mark by use of the mark in relation to particular goods, by registration under the act or by assignment of transmission of right from one person to another person. ..... the challenge by the petitioner to the evidence produced by the respondents by the petitioners that the sales recorded are either in cash or by way of credit was rejected and accordingly allowed the registration.5. ..... even if the goods are sold in whole sale, they can also be sold through retailers.therefore, substantially the petitioners had discharged the onus which was cast on them. ..... it is not as if the material before the 6th respondent was that the goods of the petitioner were only being sold in whole sale. ..... the sales figures were considered which were found to be rs. .....

D. Adinarayana Setty Vs. Brooke Bond Tea of India Ltd.

Court : Karnataka

Reported in : AIR1960Kant142; AIR1960Mys142

..... but continued to use his mark and himself applied for registration under the provisions of the mysore trade marks act of 1944 on 30-6-1947. ..... trade marks act. ..... strongly contended that although the respondents may be the registered proprietors of the trade mark and although their trade might be of proportions much larger than his own trade, they have, in spite of their knowledge of the use of the mark by the appellant, refrained from taking action against him for a number of years and have thereby acquiesced in the use of the mark by the appellant.there is no substance in this contention. ..... is to discover what would be the totality of the impression on the minds of the probable class of customers with average intelligence and average memory subject nevertheless to the common infirmities of human memory.if the impression created by the mark of the respondents upon such a class of purchases would be simply that of a lady carrying a child, there can be little doubt that an attempt to create a similar impression by adopting the same device of a lady carrying a ..... that is relevant for the purpose of the section is concurrent user and not merely contemporaneous user. ..... setty, trading under the name and style of 'good luck tea ..... finally, as the defence of concurrent user has to be made good by securing registration on the strength of such user, the appellant having failed to secure such registration, that defence ..... produced by the appellant are an agency agreement between 'good luck tea co. .....

Kaviraj Pandit Durga Dutt Sharma Vs. Navaratna Pharmaceutical Laborato ...

Court : Supreme Court of India

Reported in : AIR1965SC980; [1965]1SCR737

..... (2) for the purposes of this section, the expression 'distinctive' means adapted, in relation to the goods in respect of which a trade mark is proposed to be registered, to distinguish goods with which the proprietor of the trade mark is or may be connected in the course of trade from goods in the case of which no such connection subsists, either generally or, where the trade mark is proposed to be registered subject to limitations, in relation ..... , anjikaimal, for a permanent injunction restraining the appellant from advertising, selling or offering for sale any preparations under a trade mark combining the word 'navaratna' or any similar word etc. ..... when a legislation substantially similar to the indian trade marks act, 1940 was enacted in the state of cochin [vide the cochin trade marks act 19 of 1199 (1944)] the respondent-firm registered the word 'navaratna' as a trade mark in respect of its medicinal preparations, on january 31, 1947 and another mark consisting of the words 'navaratna pharmaceutical laboratories' to ..... expressed in another way, if the essential features of the trade mark of the plaintiff have been adopted by the defendant, the fact that the get-up, packing and other writing or marks on the goods or on the packets in which he offers his goods for sale show marked differences, or indicate clearly a trade origin different from that of the registered proprietor of the make would be immaterial; whereas in the case of passing off, the defendant may escape liability .....