Judgment Search Results Home > Cases Phrase: trade marks act 1999 47 of 1999 section 96 power of chairman to transfer cases from one bench to another Page 1 of about 4,088 results (0.733 seconds)

Arunachalam Muthu Vs. Nafan Bv and Others

Court : Mumbai

..... power of chairman to transfer cases from one bench to ..... power of chairman to transfer cases from one bench to ..... the contesting respondents that in statutes where the chairman/president of the tribunal is intended to exercise power to transfer cases from one bench to another, the said power is expressly provided for in the statute ..... these transfers have stated to have been effected by the learned chairman of the clb pursuant to the power granted by section 10e (4b) of the act, it is clear that the power to transfer matters from one bench to another bench is within the power given by section 10e (4b) of the act to the learned chairman of the clb to decide the powers and functions of each bench. ..... that the argument that it will be impractical if only the entire clb and not the chairman is held to have the power to transfer cases from one regional bench to another regional bench is misconceived ..... . state of u.p (supra), the power of the chief justice to transfer a case from one territorial jurisdiction to another is distinct from his power to frame a roster to determine the distribution of judicial ..... . dwarkadas, based on the decision of tanushee basus case (supra), that the chairman could pass an order of transfer from one regional bench to another on the basis of his inherent powers on the analogy of section 151 of the code of civil procedure also deserves to be rejected in the light ..... section 91 of the trade marks act, ..... power of chairman to transfer cases from one bench to .....

Mylan Laboratories Limited vs.union of India & Ors

Court : Delhi

..... (3) notwithstanding anything contained in sub-section (2), the chairman- (a) may, in addition to discharging the functions of the judicial member or technical member of the bench to which he is appointed, discharge the functions of the judicial member or, as the case may be, the technical member, of any other bench; (b) may transfer a member from one bench to another bench; (c) may authorise the vice-chairman, the judicial member or the technical member appointed to one bench to discharge also the functions of the judicial member or the technical member, as the case may be, of another bench. ..... transitional provision under section 59 of ppv&fr act, 2001 which says:-"transitional provision :-"as contained under section 59 of ppv&fr, act-2001 notwithstanding anything contained in this act, till the establishment of the tribunal under section 54, the intellectual property appellate board established under section 83 of the trade marks act, 1999 shall exercise the jurisdiction, powers and authority conferred on the tribunal under this act subject to the modification that in any bench of such intellectual property appellate board constituted for the purposes of this section for the technical .....

Radio Next Webcastion Pvt. Ltd. Vs.union of India and Anr.

Court : Delhi

..... (3) notwithstanding anything contained in sub-section (2), the chairman (a) may, in addition to discharging the functions of the judicial member or technical member of the bench to which he is appointed, discharge the functions of the judicial member or, as the case may be, the technical member, of any other bench; (b) may transfer a member from one bench to another bench; (c) may authorise the vice-chairman, the judicial member or the technical member appointed to one bench to discharge also the functions of the judicial member or the technical member, as the case may be, of another bench. ..... section 83 of the trade marks act, 1999 (hereafter the trade marks act ) provides for establishment of an appellate board. ..... the appellate board established under section 83 of the trade marks act, 1999 shall, on and from the commencement of part xiv of chapter vi of the finance act, 2017, be the appellate board for the purposes of this act and the said appellate board shall exercise the jurisdiction, powers and authority conferred on it by or under this act. 8. ..... a conjoint reading of section 11 of the copyright act and section 83 of the trade marks act clearly indicates that the appellate board as constituted under section 83 of the trade marks act would also have the jurisdiction to perform the functions under the copyright act as well. ..... there is no dispute that an appellate board has been validly constituted in terms of section 84 of the trade marks act and is now functional. .....

Lalit Kumar Arya Vs. Registrar of Trade Marks, Trade Marks Registry, N ...

Court : Intellectual Property Appellate Board IPAB

..... aggrieved by the said order the appellant filed the appeal on the file of high court of delhi at new delhi in cm (m) 78/95 which was transferred to this board by virtue of section 100 of the trade marks act, 1999 and numbered as ta/318/04. 2. ..... del 6586 of the appellant are remitted back to the deputy registrar for fresh disposal in accordance with law and the assistant registrar or the deputy registrar as the case may of the trade marks registry is directed to dispose of the matter within three months in view of the long pendency and report the same this board. 8. ..... the appellant herein filed a notice of opposition on 8.1.1990 on the ground that the registration of the impugned mark is contrary to the provisions of sections 9, 11(a), 11(e), 12(1) and 18(1) of the trade and merchandise marks act, 1958 (hereinafter referred to as the said act). ..... in fact we also relied upon the said judgment of the full bench in r k cable company v registrar of trade marks reported in 2004 (29) ptc 504 (ipab) 6. ..... chairman: this appeal arises out of the order of the deputy registrar of trade marks dated 18.1.1995. ..... registrar of trade marks and another etc. ..... now that the full bench of high court of delhi in the case of hastimal jain trading as oswal industries v. ..... this is clear from the last but one paragraph of the impugned order. ..... hence the only assumption of the deputy registrar is that rule 53(2) being mandatory, the deputy registrar has no power to take evidence on record. .....

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 ..... another purpose behind awarding punitive damages is to deter those who may be waiting in the wings and may be tempted to imitate the trade mark of others, in case those who are sued before the courts ..... for which the trademark toshiba has been used by the plaintiff, (ii) the geographical extent of trading area in which this mark is being used, (iii) the volume of business being carried by the plaintiff using the mark toshiba on its goods, (iv) the extent of knowledge of the mark toshiba in india, which is evident from the business activities of the company in india and the wide range of the products being sold ..... loses its ability to be uniquely and distinctively identify and distinguish as one source and consequent change in perception which reduces the market value or selling power of the product bearing the well known mark. ..... it has further sought transfer of the domain name www.toshibaelevator.com to it, besides seeking damages amounting to .....

Christian Louboutin Sas vs.abubaker & Ors.

Court : Delhi

..... /2018 page 38 of 47 trademark registered in his name, but the trademark which is registered is one which would pertain to the characteristic of the goods, then in such a case the person who adopts the characteristic of the goods as a trademark does so by knowing and understanding because of section 30 of the trade marks act that such registered trademark owner will not be able to prevent another person from using the characteristic or characteristics of the goods simply because that characteristic or characteristics is used as ..... 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 ..... we were to accept, which we do not, the argument of the respondents that the court had suo moto powers to deliver summary judgment without there being any application, those powers also would have to be exercised during this window, that is, after service of summons on the defendant and prior ..... (underlining added) (ii) in accordance with the binding observations of the constitution bench judgment of the supreme court in the case of padma sundara rao (supra) now let us examine the judgments in the cases of deere & company (supra) and christian louboutin sas (supra) passed by cs(comm) no.890/2018 page 26 of 47 two learned single judges of this court as to whether they .....

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

Court : Delhi

..... addition, the plaintiffs have also sought a declaration from this court regarding the well-known nature of the verizon trademarks and logos under section 2(1)(zg) of the trade marks act, 1999.21. ..... 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. ..... the provisions of section 11(6) section 11(8) of the trade marks act, 1999 prescribe the guidelines to evaluate whether a trademark has attained a well-known ..... declaring the plaintiffs trademark verizon and the verizon logos as well-known the meaning of section 2(1) (zg) read with section 11(6) of the trademarks act, 1999; trademarks within (iii) an order for the transfer in favour of the plaintiffs, of the impugned domain name www.varizontech.com and/or any other domain name owned by the defendant comprising of the plaintiffs trademark verizon or any other mark being deceptively similar thereto; (iv) an order for the delivery-up of all impugned materials of ..... 1972 ac1027 in the event punitive damages are awarded in the present case, it would be an ad-hoc judge centric award of damages, which the division bench specifically prohibited in hindustan unilever limited (supra) .. 20. ..... the available pleadings and documents, consider the evidence adduced, and would do well to frame the points for determination and proceed to construct the ex parte judgment dealing with the points at issue one by one. .....

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 the present moment.6. ..... in 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 by whom the action ..... i am unable to follow the above judgment and in fact i respectfully disagree with the learned judge of his observation specially when i find a bench decision of this court in case of rustom ali v. ..... it is claimed in the petition that since 1957 mark 'honda' has been present in india and thereafter from time to time they have also entered into various collaboration agreements such as hero honda for motor cycles and honda siel power products ltd. ..... 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 parcel of automobiles. ..... in support of his submission he relies on a decision reported in jt 1999(3) page 404 (nirula 's corner house pvt. ..... international apparel syndicate and ors, : 1999 ptc (19) 160(cal)(db). .....

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 ..... 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 ..... in the current year 2018 the plaintiff has now changed its packaging in relation to the trade mark concreto as under: disposition, transfer (including creation cs(comm) 256/2017 page 16 of 38 in the submission of the plaintiff, as can be seen from the facts above and the facts in the plaint, concreto has always been and continues to be the most ..... lafarge" brand), it being acknowledged that such approval shall be deemed given in respect of such use of the lafarge logo (in the same proportion but different size(s)) combined with one of :"nirma", "nirmax", "nima" or nirman" and following marks the (iii) subject to standards of quality and specifications that conform to or exceed those quality standards and operational specifications currently used by seller and that otherwise conform with all .....

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

Court : Delhi

..... 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 ..... trade marks became important after the industrial revolution as distinguishing goods made by one cs(comm) 1155/2018 page 19 of 77 person from those made by another; and soon the need was felt to protect traders against those who were unauthorisedly using their marks and accordingly registration of trade marks was introduced in england by the trade marks registration act ..... in the said case, which was an action for civil fraud against the appellant and a corporate lawyer, who acted for the appellant, the allegation was that the appellant, through that company, had transferred more than us $10 million to ..... no.1 cannot rely on the said document73 assuming that the deed of assignment is valid, this court is of the view that recordal of the said deed is mandatory, as held by a coordinate bench of this court in ramaiah life style cafe vs. ..... of the arrangement which was also agreed to by the 7th member who was the chairman of the company. .....