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Judgment Search Results Home > Cases Phrase: trade marks Court: kerala Page 1 of about 5,913 results (0.024 seconds)

May 11 2010 (HC)

Nirapara Roller Flour Mills Pvt. Ltd. Represented by Its Managing Dire ...

Court : Kerala

..... paddy and inflorescence of coconut tree in its middle and two paddy shoots at both sides of the para. the general public, customers and consumers have accepted this trade mark as the trade mark of the plaintiffs' products. this is printed upon all packets, jute bags etc. of plaintiffs' products as well as their advertisements. the plaintiffs are manufacturers of ..... of behrain and dubai and process for registration is in progress in other countries also. the plaintiffs' application for registration of the trade mark is pending with the office of the registrar of trade marks, chennai. the plaintiffs' trade mark is distinctive and it distinguishes plaintiffs' products from similar products manufactured by others including the products of the defendants. the defendants ..... was opposed by the plaintiffs and the registering authority dismissed the application by their order dated 7-3-2005. the defendants have absolutely no authority to use the trade mark and trade name of the plaintiffs. the defendants' act is illegal. the plaintiffs are suffering heavy loss because of the defendants' activities. unless this illegal activities are prevented, ..... and distinguished with the defendants' products. the defendants have never taken advantage of the popularity and reputation or goodwill enjoyed by the plaintiffs. even though the trade mark and trade name used by the plaintiffs may be identical and similar to that of the defendants, they have no mala fide intention to pass off their products as .....

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Mar 01 2006 (HC)

Saranya Zaveri and anr. Vs. Kamadon Academy P. Ltd.

Court : Kerala

Reported in : [2006]133CompCas546(Ker); 2008(38)PTC554(Ker)

..... same right of forum for the plaintiff as is made available to a plaintiff in respect of a suit falling under clause (a) or (b) of section 134 of the trade marks act. but then the plaintiff-company admittedly is an australian company and its sole executive director, scott anthony terril actually and voluntarily resides in australia and carries on business and ..... or carries on business or personally works for gain. but in the case of a suit, like the present one falling under clause (c) of section 134(1) of the trade marks act, the territorial jurisdiction of the court has to be decided not with reference to sub-section (2) section 134 but with reference to the general provisions in the civil procedure code ..... ' portrayed along with the devices, insignias, logos and the artistic works over which the plaintiff has intellectual property rights. the domain names which are 32 in number are equivalent to trade mark having no topographical boundaries. (vide satyam infoway ltd. v. sifynet solutions (p.) ltd. : 2004(28)ptc566(sc) . in the case of a literary, dramatic or musical work over which copyright ..... before the cochin (ernakulam) court by virtue of section 62(2) of the copyright act (vide the decision reported in exphar sa v. eupharmal laboratories ltd. [2004] 28 patents and trade marks cases 251 (sc).respondent's arguments:9. advocates m/s. k. sudhakaran and smt. uma moorthy, learned counsel appearing for the respondent/plaintiff made the following submissions before me in .....

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May 17 2004 (HC)

Medivision Scan and Diagnostic Research Centre Pvt. Ltd. Vs. Medivisio ...

Court : Kerala

Reported in : 2004(2)KLT772

..... the petitioner did not obtain any reputation which has together symbolized in the trademark on which the petitioner claims right. the respondent has also applied for trade mark registration for 'medivision' symbolised with a distinctive logo which is different from that of the petitioner. the respondents were using the name 'medivision' since ..... the respondents will show that several medivision sites are found in the internet like yahoo and google and several applications are pending before the registrar, trade mark of india, chennai, for the name of medivision. the trial court found that in such a situation the honest concurrent use of the name ..... medivision and medivision ind can be decided subject to the decision of the registrar of trade mark. it was therefore found that the balance of convenience is not in favour of the plaintiff according to the trial court, the 3rd counter- ..... trial court has gone wrong in such an approach as the grievance of the plaintiff is one of passing off and section 27(2) of the trade marks act, 1999, saves the right against passing off. as observed by the supreme court in laxmikant v. palely, chetanbhat shah, air 2002 sc 275 ..... the suit. since the reason stated by the trial court for denying injunction is that the parties can settle their disputes before the registrar of trade marks and it is not a good reason to deny injunction in a passing off action, the order of the trial court is set aside and .....

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Nov 30 1960 (HC)

Durga Dutt Sarma Vs. Navaratna Pharmaceutical Laboratories

Court : Kerala

Reported in : AIR1962Ker156

..... sharma bona fide using it. 10. another consequence of the word not having lost its original meaning is that the register of the trade marks under the trade marks act, 1940 has to be corrected, so far as the word navaratna is concerned, except in the combination, which we propose to ..... other preparations. it is admitted in the case that the firm later had registered 'navaratna' and 'navaratna pharmceutical laboratories', as its two trade marks under the cochin trade marks act, act xix of 11119. the relevant documents are exts. j(1) and j (2) and both are of the year ..... likelihood of a person being deceived. in this connection, we may refer to the following passage from kerly on trade marks seventh edition, pp. 615, 616: ''a trade mark is likely to deceive or cause confusion by its resemblance to another already on the register if it is likely to ..... and 'navaratna pharmaceutical laboratories' later, so as to distinguish his business from those of other' the learned judge has next held that the aforesaid trade mark, 'navaratna pharmaceutical laboratories' has teen infringed by the use of the words 'navaratna kalpa pharmacy', and not by the words 'navaratna kalpa', that ..... attributes. the next group of the conclusions in the judgment is that the registration of 'navaratna' and 'navaratna pharmaceutical laboratories' under the trade marks act and the renewals constitute prima facie evidence of the validity of the registration; that pandit sharma should establish their invalidity; and that as .....

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Jun 11 2008 (HC)

Thomson Paper Products Vs. Commissioner, Commercial Taxes and anr.

Court : Kerala

Reported in : (2009)19VST359(Ker)

..... holding that 'white oats' is taxable under entry 49(2) of the third schedule at four per cent, if the assessee does not have a registered brand name under the trade marks act, 1999. in view of the above, we direct the assessing officer to revise the assessments made up to date at four per cent but forfeit excess collection of tax ..... the appellant has obtained a trade mark registration for the product and if not to assess the product at four per cent. in view of the above findings, we allow o. t. a. no. 1/2006 in ..... under 'similar preparations' referred to in entry 49(2) of the third schedule.8. we, therefore, hold that 'white oats' other than those sold under brand name registered under the trade marks act 1999, will be taxable at four per cent under entry 49(2) of the third schedule to the kvat act. it is for the assessing officer to examine whether ..... the dried leguminous vegetables(7) wet mix.49. food products like pickles, corn flakes, savouries, sweets made of groundnuts, gingelly, other than those sold under brand name registered under the trade marks act, 1999.(1) pickles(2) savories like chips, popcorn, murukku, achappam, pakoda, mixture, chikky items, kuzhalappam and similar preparations.(3) corn flakes(4) sweets made of groundnuts or gingily.7 .....

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Nov 09 2005 (HC)

Preme Vs. Ambujakshan

Court : Kerala

Reported in : 2006(1)KLT905

..... in a.c. krishnan v. nambisan's dairy pvt. ltd. 1997 (1) klt 163, when it is found that defendants are using deceptively similar trade mark which is likely to be deceived, prima facie, it is to be found that plaintiff will suffer damages. if so causing of irreparable injury to the plaintiff ..... , if the order of injunction sought for is not granted.6. there is difference between an action for passing off and action for infringement of trade mark. an action for passing off is a common law remedy being in substance an action for deceipt. it is a passing off by a person of ..... the appellant and the action of the respondent is causing irreparable damages. what was contended by the respondent was that karimpumkala is not a registered trade mark owned by the appellant and instead it is the name of the locality and a place in nattakom village of kottayam district and the name of ..... deceptively similar name till the disposal of suit. defendant resisted the petition by reiterating the contentions raised earlier and additionally contending that karimpumkala is not a trade mark and is only a set of words which can be understood only as the name of the locality in nattakam village and in view of dismissal ..... .04 with a malafide intention to pass off the service of the plaintiff and contending that defendant is not entitled to use the name of the trade mark of the plaintiff, he filed i.a. 1164/04 seeking an order of temporary injunction restraining the defendant from passing off the service of providing .....

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Dec 03 2004 (HC)

Jaleel Associates Vs. Hotel Sagar

Court : Kerala

Reported in : 2005(1)KLT757

..... below is virtually in terms of the perpetual injunction sought for in the plaint. but the very purpose of interim injunction is to prevent the continued user of the offending trade mark after its detection and prompt action by the plaintiff and till the termination of the proceedings or else the plaintiff will have to helplessly suffer the invasion of his rights ..... purview of the act and such an action alone will constitute a common law remedy. but the present case is one for passing off arising out of use of a trade mark falling under clause (c) of section 134(1) of the act which is a statutory remedy and the relief to be granted in such an action is also provided for ..... the suit in the district court proximate to him. notwithstanding anything contained in the code of civil procedure, a suit for infringement of a registered trade mark or a suit relating to any right in a registered trade mark falling under clauses (a) and (b) of section 134(1) of the act, has to be instituted in the district court within the local limits ..... or services of one person from those of others and may include shape of goods, their package and combination of colours and for all purposes other than criminal prosecutions, a trade mark is a mark used or proposed to be used in relation to goods or services for the purpose of indicating or so as to indicate a course of .....

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Jan 16 2007 (HC)

Manjilas Rice Mill Vs. State of Kerala

Court : Kerala

Reported in : (2007)6VST403(Ker)

..... . entry 86 of the third schedule takes in mixtures of cereals, pulses and spices in raw form, roasted or powdered, sold under brand name other than those registered under the trade marks act, 1999 and without any hsn code. serial nos. 3, 5 and 6 in annexure ii are essentially powdered rice. as per entry 9 of the second schedule to the .....

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Nov 13 2009 (HC)

P.C. Thomas Vs. Assistant Commissioner of Income Tax and anr.

Court : Kerala

Reported in : (2010)231CTR(Ker)306

..... in our view, the items covered under section 80-o of the act are generally items falling under the group 'intellectual property rights' which are patents, trade marks, designs etc. covered by the patents act, trade marks act, designs act etc. all what the appellant does is to convert the extensive educational materials in concise form for easy understanding by the students. no new ..... deduction under section 80o of the act is admissible only in respect of income received from foreign enterprises in consideration of use outside india of any patent, invention, design, registered trade mark and the consideration here is not for any such use. the disallowance is confirmed in two level appeals and it is against the order of the tribunal, the appellant has .....

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Apr 08 2003 (HC)

Bechu and Company Vs. Asst. Commissioner (Assessment)

Court : Kerala

Reported in : 2003(2)KLT1009

..... file or institute any proceedings to prevent or to recover damages for the infringement of an unregistered trade mark. an unregistered trade mark holder is also the owner of the trade mark which was but the registration grants exclusive right to the registered proprietor of the trade mark to use such trade mark. however, this section does not preclude an action against any person for passing off goods as ..... the first sale for the purpose of section 5(1). in other words, the legislature by a fiction deemed the sale of goods under a brand name or a trade mark effected by trade mark holders or brand name holders as the first sale in the state. the commodity is taxed at only one point and there is no difference in the rate of ..... not similarly situated are being treated alike which will infringe the provisions of article 14 of the constitution. in other words, according to the senior counsel unregistered trade mark/brand name holders and registered trade mark/brand name holders are two different categories and if they are treated alike for the purposes of levy of tax that will amount to discrimination violative of article ..... provisions of sub-section (2) of section 5 inapplicable only when goods manufactured in the state are sold under a brand name or trade mark by the brand name holder or trade mark holder who are registered under the trade and merchandise marks act, 1958. the counsel further submitted that the notice ext.p2 issued under section 19(1) of the act for reopening the .....

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