User - Year 2012 - Judgments

Sep 25 2012 (HC)

Abp Private Limited Vs. Media Research Users Council

Court: Kolkata

Decided on: Sep-25-2012

..... the companies act 1925 it was created by the users for the users and of the users the plaintiff is a member subscriber and a purchaser ..... before it therefore the suit filed is qua member and not user there is no record to show how the arbitration agreement came ..... by the parties purchase of the software is admitted so also user in april 2008 therefore existence of arbitration agreement is evident no .....

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Aug 07 2012 (HC)

Narayan Das Shukla and ors. Vs. Water Users Association,singhpur and o ...

Court: Madhya Pradesh

Decided on: Aug-07-2012

..... aggrieved by the order 13 5 2002 passed by the water users association singhpur district shahdol whereby the petitioners request to permit them ..... 1999 it is apparent that the order passed by the water users association is appealable before the managing committee of the distributory committee ..... no 3874 2002 narayan das shukla others vs water users association singhpur district shahdol another 07 08 2012 .....

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Dec 21 2012 (TRI)

M/S. Jsw Steel Limited and Others Vs. Karnataka Electricity Regulatory ...

Court: Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

Decided on: Dec-21-2012

..... f the contention of jsw steel is that it is supplying electricity to its captive users from its power plant through dedicated transmission line is totally misconceived further the electricity ..... consumption should not be applied even if the shareholding sister concerns were considered as captive users with respect to the question of proportionality the learned commission held that the electricity .....

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Jan 02 2012 (HC)

Unknown Vs. Against the

Court: Delhi

Decided on: Jan-02-2012

..... termination shall be without any right to compensation to the users and the users agree that in the event of termination of this ..... as hereinafter provided a by the proprietors giving to the users notice in writing of its intention to terminate this agreement ..... name morgardshammar and is entitled under trade mark agreement registered user agreement or under law to restrain the defendants from using .....

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Sep 19 2012 (HC)

Morgardshammar India Limited and Others Vs. Morgardshammar Ab

Court: Delhi

Decided on: Sep-19-2012

..... termination shall be without any right to compensation to the users and the users agree that in the event of termination of this agreement ..... of that mark has or has not been a honest user if the user in its inception was tainted it would be difficult in ..... termination as hereinafter provided a by the proprietors giving to the users notice in writing of its intention to terminate this agreement forthwith .....

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Aug 13 2012 (HC)

LupIn Limited Vs. Johnson and Johnson

Court: Mumbai

Decided on: Aug-13-2012

..... trade mark name whirlpool is associated for long because of prior user and even otherwise with the plaintiff no 1 whirlpool corporation these ..... passing off would lie at the instance of prior user even against the registered user the difficulty would be in respect of action for ..... a proprietor plaintiff can claim an injunction even against a prior user on the action of infringement merely on the basis of .....

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Jan 23 2012 (HC)

Sriven Marketings, Hyderabad. Vs. the Union of India, Rep. by Its Secr ...

Court: Andhra Pradesh

Decided on: Jan-23-2012

..... petitioner therefore the impugned notification has been issued by withdrawing the restriction of actual user without any application of mind which will directly impact the marginal and impoverished ..... respondents contentions learned senior counsel for the petitioner contends that the condition of actual user is a default condition which automatically applies unless it is expressly made inapplicable .....

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Apr 04 2012 (TRI)

M/S. Times Publishing House Ltd and Another Vs. M/S. the Financial Tim ...

Court: Intellectual Property Appellate Board IPAB

Decided on: Apr-04-2012

..... express we have held that this evidence may indicate a trans border reputation and not user the user subsequent is not enough the circulation establishes use the evidence shows trans border reputation ..... a commercial arrangement with the respondent according to the learned senior counsel the evidence of user produced by the respondent was sufficient to show that it had established distinctiveness 27 .....

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Apr 20 2012 (TRI)

Manikchand and Sons (J) Pvt. Ltd. Vs. Rasiklal Manikchand Dharwal (Huf ...

Court: Intellectual Property Appellate Board IPAB

Decided on: Apr-20-2012

..... cited above the court has with clarity dealt with genuine user and non user the learned judge observed that those who have to prove ..... had obtained the impugned mark and blocked the register to show user they have produced gold coins that have no inscription there is ..... to be produced in the event rectification proceedings are filed these user agreements even if they are produced could not have helped the .....

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Sep 21 2012 (TRI)

B.V. Ilango Himachalapathy Vs. M/S Rank Xerox Limited and Others

Court: Intellectual Property Appellate Board IPAB

Decided on: Sep-21-2012

..... filed additional documents in view of the importance relating to proof of user as laid down in financial times case according to the respondent ..... mark among the marks which are sought to be rectified herein claimed user is from 1961 with regard to five of the registrations as ..... existence on the register without challenge proof of almost 44 years user 1965 2009 we do not think the mark deserves to be .....

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