Court : Allahabad
Decided on : Nov-02-1999
Reported in : 2000(2)AWC897
..... officer of a district court. the civil procedure code, to which reference is made in the definition clause in some of the other enactments like guardians and wards act and the indian patents and designs act already referred to in section 2(4) gives the definition of -district' and it was held that the term of section 62, specially subsection (2) imply that .....Tag this Judgment!
Court : Chennai
Decided on : Oct-15-1999
Reported in : (2000)IIILLJ1392Mad
..... cannot be issued to a court or an inferior tribunal for an error of law unless the error makes it go outside its jurisdiction (see reginaa v. comptroller general of patents and design 1953 2 w.l.r. 760, and parisienne basket shoes proprietary, ltd. v. whyte 59 c.l.r. 369). a clear distinction must, therefore, be maintained between want .....Tag this Judgment!
Court : Delhi
Decided on : Sep-17-1999
Reported in : 1999VIAD(Delhi)653; 82(1999)DLT113
..... the launching slot to disengage without friction the perimeter edge of the second game piece upon release for launch. 23. thus on the date the patent was granted for circular disc known as tazo, there were large number of circular discs in market and the plaintiff could not claim copyright in ..... by setting both components perpendicular to each other and placing the slot of the first component within the slot of the second component. still another patent granted to apple man describes a take-apart toy that includes a body which has a plurality of appendages that are removable. each one of ..... disc with slots/notches one of which is bigger in size and of different configuration. from the background of the invention which is enclosed with the patent, it is clear that the invention referred to the flat launchable pieces that are used for personal entertainment, as an educational item, or for amusement ..... frisbee by the addition of circular ribs or rings to the surface of frisbee which improved the aerodynamic qualities of the disc and it obtained a patent for the ribs. by 1968 whom-o had developed three models of frisbees namely professional regular and master frisbees. court in this case was ..... the frisbee by the addition of circular ribs or rings to the surface of the frisbee improving the aerodynamic qualities of the disc and obtained a patent for the ribs. wham-o had an agreement with toltoys private limited under which the toltoys could manufacture frisbeen under license only in australia. .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Ahmedabad
Decided on : Sep-15-1999
..... that the payments made for the right to have access to the technical knowledge and the fruits of continuing research and experience of a foreign company and to use its patents and trade-marks is of revenue expenditure.cit vs. british india corporation ltd. (1987) 165 itr 51 (sc), the supreme court held that the lumpsum payment made to a distributor ..... ) 562 : (1995) 55 itd 338 (cal) held as follows : "from the above we are of the view that the assessee has not acquired any technical know-how or information or patent once and for all so that the lump-sum consideration can be held to be capital payment. in our opinion, having regard to the various clauses of the technical know .....Tag this Judgment!
Court : Gujarat
Decided on : Aug-24-1999
Reported in : (2000)1GLR680
..... court held that no person can claim exclusive right of descriptive name. similarly, delhi high court in the case of rupee gains tele-times pvt. ltd. v. rupee times, 1995 patents and trade marks cases, 384, held that the word 'rupee' is not distinctive word and it is connected with trade and business.29. what is the position here? the plaintiff ..... '.28.2. similar view was taken by the madras high court in the case of indo-pharma pharmaceuticals works limited v. citadel fine pharmaceuticals limited, air 1998 madras 347 = 1998 patents and trade marks cases 775. in that case the appellant had filed the suit for injunction restraining the respondents from infringing its registered trademark 'enerjase'. the other company was using ..... .1. similar question arose before the high court of punjab & haryana in the case of punjab state co-operative supply and marketing federation limited v. sona spices private limited, 1987 patents and trademarks cases 294 (punjab & haryana). in that case punjab & haryana high court has refused the injunction as claimed for as there was no similarity to deceive an ordinary customer ..... of the user....'28. similarly, reliance can also be placed on a decision of the madras high court in the case of parle products limited v. bakemans industries limited, 1998 patent and trademarks cases, 662 (madras) wherein similar question was called for determination. in that case the applicant was a registered proprietor of the trademark gluco. the respondent was selling biscuits .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-17-1999
Reported in : AIR1999SC3036; 239ITR587(SC); JT1999(5)SC654; 1999(5)SCALE40; (1999)7SCC266; Supp1SCR504
..... is true that in some cases, a trading receipt may contain a fraction of sum as taxable income, but in other cases such as interest, commission, transfer of rights of patents, goodwill or drawings for plant and machinery and such other transactions, it may contain large sum as taxable income under the provisions of the act. whatever may be the position .....Tag this Judgment!
Court : Kolkata
Decided on : Jun-28-1999
Reported in : (2000)1CALLT7(HC)
..... designs registered in any other part of 'his majesties dominions' provided the central government found that such other dominion had made satisfactory provision for the protection of inventions or designs patented or registered in india. under section 78a(4) of the 1911 act, the united kingdom, new zealand, eire. ceylon, canada and australia were notified as convention countries. the applicant ..... act is section 135. section 135(1) provides :'135. convention application.--(1) without prejudice to the provisions contained in section 6, where a person has made an application for a patent in respect of an invention in a convention country (hereinafter referred to as the 'basic application'), and that person or the legal representative or assignee of that person makes an ..... application under this act for a patent within twelve months after the date on which the basic application was made, the priority date of a claim of the complete specification, being a claim based on matter disclosed ..... convention country for all the provisions of the act with retrospective effect from 20lhapril 1972. the explanatory memorandum issued in. support of the notification dated 29.12.1972 reads :the patents act, 1970 was brought into force on the 20th april, 1972. under section 133(1) of that act, the central government is empowered to declare a country as a .....Tag this Judgment!
Court : Mumbai
Decided on : Jun-25-1999
Reported in : 2000(1)BomCR317; 2000(3)MhLj801
orderdr. pratibha upasani, j.1. this chamber summons is taken out by the applicants, namely, the state of maharashtra, praying inter alia that the applicants be given priority over all other creditors of konkan chemicals pvt. ltd., a private limited company, which is arraigned as defendant no. 1 in the suit filed by the bank of maharashtra against defendant no. 1 and other defendants, and necessary direction in this regard be given to the court receiver, high court. in the alternative, it is prayed that this court be pleased to permit the applicants to lodge a claim with the receiver in respect of the arrears of sales tax dues and the receiver be directed by the court to decide and consider the claim and the priority of the applicants over the claims of the plaintiff. it is also prayed that the court receiver appointed by this court on 18th march, 1992 and 18th june, 1992 be directed to sell the property in his possession belonging to the 1st defendant viz., konkan chemicals fvt. ltd. with notice of the said auction sate to the applicants herein.2. this suit is filed by the plaintiff bank against the defendants for declaration that the defendants are jointly and severally liable to pay to the plaintiff, a sum of rs. 71,64,549.63 as per particulars of claim exhibit-i annexed to the plaint with interest thereon at the rate of 25% per annum with quarterly rests from the date of the filing of the suit till payment or realisation. other consequential prayers are also sought. it .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-23-1999
..... j. 453 (1997); bertha, intellectual property activities in u. s. research universities, 36 idea: j. l. & tech. 513 (1996); eisenberg, public research and private development: patents and technology transfer in government-sponsored research, 82 va. l. rev. 1663 (1996). 658 658 florida prepaid postsecondary ed. expense ed. v. college savings eank stevens, j., dissenting ..... pokotilow & siegal, cease and desist letters: the legal pitfalls for patentees, 4 intellectual property strategist, no.3, 6 the chairman of the house subcommittee considering the patent remedy act, representative kastenmeier, engaged in the following dialogue with william thompson, president of the american intellectual property law association, about whether states were definitively immune from ..... adequate remedies are provided and followed, no ... deprivation of property without due process can result"). congress, however, barely considered the availability of state remedies for patent infringement and hence whether the states' conduct might have amounted to a constitutional violation under the fourteenth amendment. it did hear a limited amount of testimony to ..... 's substantive provisions, and must tailor its legislative scheme to remedying or preventing such conduct. pp. 634-639. (b) here, the underlying conduct is unremedied patent infringement by states. however, in enacting the act, congress identified no pattern of such infringement, let alone a pattern of constitutional violations. the house report provided .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jun-23-1999
Reported in : 2000(1)ALT9
..... they are carrying with them small quantities of rice and personal belongings.10. a division bench of this court in ravulapalli subbamma @ subbuhu's case (2 supra) while allowing letter patents appeal, held that the insurance company cannot be fastened with any liability even in the case of death of passengers who are carried for hire or reward in a lorry .....Tag this Judgment!