Court : Mumbai
Reported in : (1926)28BOMLR243
..... before the passing of the registration acts. the right, to a trade mark, in whatever way acquired in a british country, is a right of industrial property coming under the coventions of paris and berne. if that is so, the rights which the plaintiffs admittedly had to these trade marks, at the out ..... do. moreover, the right to a trade mark is, to my mind, not affected by the method by which it is acquired. the right of industrial property consists in the right to the user of a particular trade mark. in india there being no registration acts, the right to a trade mark can ..... . these articles of the peace treaty, no doubt, purport to reestablish and restore, as from coming into force of the treaty, the rights of industrial property as such property is defined by the international conventions of paris and berne.38. article 286 provides that the international convention of paris of march 20, 1883, for ..... any obligation prescribed by the laws or regulations of the respective states relating to the obtaining, preserving, or opposing fights to, or in respect of, industrial property either acquired before august 1, 1914, or which, except for the war, might have been acquired since that date as a result of an application made ..... and trade names any rights acquired by the parties in england have no effect on the rights of the parties in india. the rights of industrial property in india are governed by the laws of india and are in no way affected by the laws of england or by the action of parties .....Tag this Judgment!
Court : Mumbai
Reported in : 2010(112)BomLR257; LC2010(1)1
..... trade mark and its continuance on the register are exclusively within the scope and ambit of domestic and national law. the 'international convention for the protection of industrial property' originally of paris in 1883 and recently revised at lisbon in 1958 clearly recognises the principle specially in its article 6 that when a trade mark has ..... and represent the plaintiff's publications in international film festivals, conducted in india. the above, according to the plaintiff, associated its publications with the indian motion picture industry, created awareness of the plaintiff's publications and generated tremendous reputation and goodwill in respect of the their publications.22. in support of the above contentions, dr. ..... publications have been the unchallenged leaders in respect of publications connected with the industry providing even same day coverage thereof. in paragraph 5 of the plaint details are furnished to establish the plaintiffs' reputation and goodwill.5. on 21st january 2006 ..... has since the year 1905 used the said trademark 'variety' and the logo extensively. the plaintiffs' publications provide extensive coverage of media, television and the film industry covering global media and the entertainment business in 84 countries including india. it has published weekly and delivered internationally since 1933, the publications. according to the plaintiffs their .....Tag this Judgment!
Court : Mumbai
Reported in : 30ITD329(Mum)
..... indian company though initially was one that was available in the files, had to be updated as set out in part c of the agreement under the heading modifications, quality, industrial property, secret. the assessee was required to communicate to the indian company all details of improvements, engineering changes etc. thus, there was to be a continuous dialogue between the ..... only with an advance notice in writing to the assessee. these and several other clauses as embodied it in part c of the agreement under the title modifications, quality, industrial property, secrecy would clearly show that there has to be a continuous dialogue on technical matters between the assessee and the indian company and the assessee was contract-bound to ..... , inter alia, of any kind received as a consideration for the use or for the right to use, models, designs, secret processes or formulae, or for information concerning industrial, commercial or scientific experience. it cannot be gainsaid that the impugned payment was for the purpose of sharing scientific information or for getting designs, secret processes and formulae. this ..... states shall not be subject to tax in the other contracting state unless the enterprise has permanent establishment situated in that other contracting state. article iii (5) defines industrial or commercial profits and specifically excludes royalties and similar payments as referred to in para 2 of article vii of the treaty, wherein royalties have been defined as payments .....Tag this Judgment!
Court : Mumbai
Reported in : 1991(34)ECC1; 1991(55)ELT15(Bom)
..... paid in accordance with article 'e' of the agreement. shri bhabha submits that the collaboration agreement did not merely provide for transfer of technical know-how but also industrial property rights including the applicable trade marks, registered designs and design copy rights relating to the engine. the learned counsel urged that the foreign collaborator granted the right to ..... clause 4(b), peugeot expressly granted to mahindra the exclusive rights to use in india of the industrial property rights including applicable patents, trade marks, registered designs and design copy rights relating to the engine or any parts, components or other elements thereof. clause 5(a) ..... engine, then the same shall be communicated to the other party. article c(4)(a) provides that the foreign collaborator retains ownership and exclusive possession of all the industrial property rights relating to the engine and to the engine technology such as processes and manufacturing secrets as well as licenses, patents, trade marks and brand names. by ..... vehicles, the foreign collaborators had developed or acquired and possesses designs and technical knowledge in the manufacture of an engine designated xdp 4.90. the foreign collaborators had industrial property rights consisting of designs, engineering technological and all other information with respect to the engine. mahindra desired for the purpose of carrying on business as a manufacturer of .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 1997(57)ECC179; 1995LC427(SC); 1995(76)ELT481(SC); 1995(2)SCALE153; 1995Supp(2)SCC372; 2SCR595
..... the agreement. the price of technology 'to assemble' is really a part of the bargain and is included in the composite agreement. the foreign collaborator who retained the industrial property rights relating to the engine exclusively permitted the respondents to use the same in india and the consideration therefore is also included; but for this, the respondents cannot use ..... to enable implementation of the objectives of this agreement, feugeot expressly grants to m&m; the exclusive rights to use in india all the said industrial property rights including applicable patents, trade marks, registered designs and design copyrights relating to the engine or any parts, components or other elements thereof; xxx xxx xxx xxx xxx xxx ..... premises to inspect all the operations associated with the manufacture and assembly of the engine.4. (a) peugeot expressly retains its ownership and its exclusive possession of all the industrial property rights relating to the engine and to the peugeot engine technology such as processes and manufacturing secrets as well as licences, patents, trade marks and brand names; (b) ..... and technical knowledge in the manufacture of an engine designated xdp 4.90 (hereinafter referred to as the engine) which is identified in exhibit a attached hereto and has industrial property rights consisting of designs, engineering, technological and all other information with respect to the engine; and whereas m&m; desires, for the purpose of carrying on its business .....Tag this Judgment!
Court : Delhi
Reported in : 76(1998)DLT397
..... defendant's goods were 'worsted yarn, blends, acrylic and hosiery. counsel for the plaintiffs also relied upon the case of usha group v. r.k.k. rai group, reported in industrial property law reporter iplr 1997 apr 181 wherein the goods of the plaintiffs were household products like sewing machines, electric fans, etc. whereas the defendant's goods were engineering, iron, electrical ..... .r'. counsel also placed reliance on aktiebolaget volvo v. volvo steels limited, 1989 (18) ptc 47, wherein the plaintiff's goods were cars, trucks, buses, marine engines, aircraft engines, construction industry equipments whereas the defendant's goods were mild steel ingots. in all the aforesaid cases, counsel for the plaintiff submitted that although the goods or activities of the rival parties ..... and heavy industries. in ceat tyres of india ltd. v. jai industrial services, reported in 1996 ptc (16) 720, injunction was granted by this court in respect of plaintiff's goods which were tyres for vehicles and the .....Tag this Judgment!
Court : Delhi
Reported in : ILR1974Delhi545
..... much wider in character. passing off is a form of unfair competition. remedy against unfair compeition is afforded by special statutes. various forms of industrial property registered trade marks, patents, copyrights, designs and the like have been very strongly protected by the legislature. similarly, an unregistered mark or name ..... no evidence on the record that haji ehsan elahi ever invested his trade mark in the business and converted what was his separate property into partnership property. what he got on dissolution was a paltary sum of rs. 6000.00 and it is difficult to believe that he was transferring ..... 811 where the defendant had been unlawfully picketing the plaintiff's works, lindley, l. j. said:thisis obviously a case in which a man's property, his trade, his livelihood, and the goodwill of his business will be absolutely ruined if what is complained of is not preemptorily stopped; and ..... of the partnership act 1890, although these rules will doubtless be found of great assistance in determining what is and what is not partnership property, the ultimate test must still be the agreement of the partners. moreover, it is competent for partners by agreement amongst themselves to convert ..... .'. it was alleged that the partnership-firm continued manufacturing and selling 'sun brand hair dye 929' and this trade mark and goodwill became the property of the partnership. the firm sukhdial and co. was dissolved on january 24, 1948 and the business of the firm including the stock in trade .....Tag this Judgment!
Court : Privy Council
..... great britain and ireland, the constitution of the irish free state and the enactments consequent thereon, and as to the validity and effect of certain sections of the "commercial and industrial property protection act" passed by the oireachtas in 1927. the learned judge of first instance decided in favour of the appellants and granted the injunction asked for. on appeal to the ..... britain and ireland on 5th december 1921, under or by virtue of the copyright act, 1911 or any order made under that act, shall (notwithstanding anything contained in the industrial and commercial property (protection) act, 1927), no. 16 of 1927 but subject to previsions of this act), subsist and be deemed always to have subsisted in saorstat eireann as fully in all ..... copyright act of 1911 was in force in ireland after the coming into operation of the constitution. their lordships now turn to the third contention, that by s. 174, industrial and commercial property (protection) act 1927, the copyright act 1911 was repealed with no saving of the appellants' rights. this depends upon the meaning of the word "acquired" in s. 174 (1 ..... and its provisions were in any way inconsistent with the constitution. in this their lordships are confirmed by the attitude and opinion of the irish parliament itself ; by the industrial and commercial property (protection) act, of 1927, s. 4, it was provided that "the acts mentioned in the sch. 1 to the act are repealed, and one of the acts so repealed .....Tag this Judgment!
Court : Punjab and Haryana
..... punjab and haryana at chandigarh arbitration case no.95 of 2012 (o&m) date of decision: february 15, 2013 m/s raheja developers limited ..petitioner versus m/s sri prem industries and properties limited .....respondent coram:- hon'ble mr.justice a.k. sikri, chief justice present: ms.mannu chaudhary, advocate for the petitioner mr.manav bajaj and mr.sumeet goel, advocates for .....Tag this Judgment!
Court : US Supreme Court
..... all the commission allowed. it said, "any treatment which would permit the capitalization of such amounts would open the door to the renewal of past practices of the utility industry when properties were traded between affiliated interests at inflated prices with the expectation that the public would foot the bill." 43 p.u.r. (n.s.), p. 215. we agree ..... on the rate base. [ footnote 6 ] in other words, the 6 1/2 percent return was computed on the basis of all the property used by petitioners in their various classes of business -- intrastate sales, direct industrial sales, and interstate wholesale sales. [ footnote 7 ] now it is apparent that, if the reduction ordered was based on the excess of revenues ..... syllabus the federal power commission, under the natural gas act, ordered reductions in petitioners' interstate wholesale rates. though separate companies, petitioners operated their properties as an integrated system. their business consisted of intrastate sales, direct industrial sales, and interstate wholesales, of which only interstate wholesales are subject to regulation by the commission. held: 1. in determining the amount of ..... 619 that it "shall not apply" to the activity of "any other transportation or sale," petitioner's property used in the transportation and sale of gas to industrial consumers is excluded from the rate base. they thus reach the surprising conclusion that property used in one sort of activity to which the provisions of the act are declared not to apply may .....Tag this Judgment!