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Judgment Search Results Home > Cases Phrase: trade marks Sorted by: recent Court: chennai Page 1 of about 14,998 results (0.060 seconds)

Feb 27 2017 (HC)

M/s. MRF Limited, Rep. by its Company Secretary Ravi Mannath Vs. P. An ...

Court : Chennai

..... company to adduce evidence in this suit on their behalf. ex.p2 and ex.p3 are the plaintiff company's artistic works as well as corporate trade mark/logos, namely 'mrf connected letter device' and 'mrf muscleman device'. ex.p4 is the mrf exclusive dealer board of the plaintiff. ex.p5 ..... '. subsequently, the plaintiff changed its corporate name itself to 'mrf' limited'. the plaintiff has also from the very inception used the artistic works as its corporate trade mark/logos, namely 'mrf connected letter device' and 'mrf muscleman device'. (ii) the plaintiff has also authorized its dealers and franchises to use the 'mrf connected ..... a direction to the defendant to pay to the plaintiffs a sum of rs.25,01,000/- as damages for acts of passing off and infringement of trade mark and copyright committed by the defendant till date; and for costs of the suit. 2. brief facts of the case of the plaintiff is as ..... defendant be ordered and decreed to pay to the plaintiffs a sum of rs.25,01,000/- as damages for acts of passing off and infringement of trade mark and copyright committed by the defendant till date; and (f) the costs of the suit.) 1. the suit is filed for permanent injunction restraining the ..... filed under order iv rule 1 of original side rules of the high court of judicature at madras, sections 28, 29, 134 and 135 of the trade marks act, 1999 and sections 51, 55 and 62 of the copy6right act, 1957 for the following reliefs:- (a) a perpetual injunction restraining the defendant, its distributors .....

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Feb 21 2017 (HC)

Fariyal Trading as M/s. Miracle, Ladies Hari Dresses and Beauty Parlou ...

Court : Chennai

..... plaintiff are offering services including hair dressing, bleaching in the trade mark miracle ever since 1967 openly, continuously, widely, extensively and uninterruptedly. trade mark miracle has become distinctive trade mark of the plaintiff. the trade mark is also registered on 24.09.2008. the plaintiff also gave an application for registration of the trade mark miracle and got trade mark registered. the plaintiff have acquired enormous goodwill in respect of ..... services of beauty saloon/parlour packing material, cartons, advertisement materials and hoardings, letter-heads, visiting cards, office stationery and all other materials containing/bearing the trade mark miracle or other deceptively similar trade marks in respect of above. d) for a preliminary decree in favour of the plaintiff directing the defendant to render an account of profits made by them by ..... hair dressing and beauty parlour. ex.p.5 is the report in the daily newspaper about miracle. ex.p.6 is the copy of the trade mark certificate shows miracle is registered under the trade mark act. ex.p.7 is the copy of the legal notice sent by the plaintiff to the defendant. the above documents clearly show that the ..... 01.01.1992 to 31.12.19925.p-522.06.1995copy of deccan chronicle new paper article on plaintiff6.p-624.09.2008copy of the certificate of registration of trade mark in certificate no.1736011 in class 427.p-722.02.2013copy of the legal notice sent by the plaintiff to the defendant witnesses examined on the side of .....

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Feb 10 2017 (HC)

Petitioner Vs. Respondent

Court : Chennai

..... restraining the defendants from in any manner either directly or indirectly infringing with the plaintiff's use of the trade marks caramilk, eclairs, picture of broken eclairs by issuing letters, circulars, notices, advertisements or otherwise which are unjustifiable, mala fide and groundless or in any other manner whatsoever. c. ..... and decree against the defendants: a. granting declaration, declaring that the threats issued by the defendants by legal notice dated 11.2.2009 against the plaintiff's use of the trade marks caramilk, eclairs, picture of broken eclairs are groundless, unjustifiable and such use by the plaintiff is not in violation of the defendants purported rights. b. granting permanent injunction, ..... at manapakkam, chennai was affected by the floods and that there were loss of documents and materials of the plaintiff in the said office, the applicant cannot seek to mark secondary evidence as a matter of right. further, the applicant should also satisfy the court as to why they did not produce the originals at the time of ..... granting declaration, declaring that the picture of broken eclairs is common to confectionery/chocolate trade and the defendants cannot claim any monopoly in respect thereof; d. directing the defendants to pay to the plaintiff a sum of rs.10,05,000/- as liquidated damages .....

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Jan 31 2017 (HC)

M/s. ALM Enterprises No.134/63, Royapuram, Chennai, by its authorized ...

Court : Chennai

..... ramachand sobharaj wadhwani (air 1961 sc 1506), calcutta discount co. ltd., v. income tax officer (air 1961 sc 372) and whirlpool corporation v. registrar of trade marks (1998 (8) scc 1) we, proceeded to hear and consider the matter on merits. 15. shri vijay narayanan, learned senior counsel would submit that after ..... , but any such restriction or regulation can only be dealt with by some other agency such as for example the director general of foreign trade or the competent authority under the drugs and cosmetics act, there is no way that the adjudicating authority under section 125 of the act ..... import is made, such goods are liable to be confiscated. 36. in the light of the above provisions, it is appropriate to notice the foreign trade policy (ftp) also, announced for the period between 27th august 2009 and 31st march 2014. chapter-2 thereof contained general provisions regarding imports and exports ..... of section 110; but not from the date of their detention as urged. it is wholly proper to note that in law there is a well marked distinction between "detention" and "seizure". while every detention does not amount to seizure, but every seizure automatically encompasses detention. further, while seizure can lead ..... firm, is that it is a proprietary concern of shri mahesh kumar singh and that it is engaged in the business of import and trading of various cosmetics and other goods. the said proprietary concern had been granted the import-export code bearing no.0412028522. it is the further .....

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Jan 27 2017 (HC)

G.M. Pens International Pvt. Limited by its Company Secretary Chennai ...

Court : Chennai

..... would in all probability remain in touch with doctor while consuming the medicine purchased. the court would ask--is there such a similarity between the two trade marks that a doctor or a chemist or the both by some carelessness in expression, some obscurity in handwriting, some slip of recollection or some careless ..... the use of the word brite by the plaintiff would not amount to infringement and the plaintiff is protected under sections 17 and 30 of the trade marks act, 1999. the threats issued by the defendant have the impact of seriously affecting the business of the plaintiff and are mala fide. the act ..... filed under order iv rule 1 of the original side rules and order vii rules 1 and 2 of cpc and read with section 142 of the trade marks act, 1999, for the reliefs as stated therein.) this civil suit had been filed to pass a judgement and decree, against the defendant:- (a ..... must be looked upon as an average man of ordinary intelligence, would react to a particular trade mark, what association he would form by looking at the trade mark, and in what respect he would connect the trade mark with the goods which he would be purchasing. the honourable supreme court further held that in deciding ..... and pallets. they claimed to have used the word brite from 1946. they have also claimed that they have registered their trademark brite under the trade marks act, 1999. consequently, they had issued ex.p4 notice, calling upon the plaintiff to cease and desist the usage of word reynolds brite. .....

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Jan 18 2017 (HC)

Real Image Media Technologies Pvt. Ltd., Represented by Authorised rep ...

Court : Chennai

..... is required to sustain such business, particularly, when there are healthy competitors available for the said business. the defendant having entered into agreement to maintain such confidence about the trade marks, other secrets and intellectual property rights, he cannot use the knowledge, which was derived from the plaintiff company, to the other company, which is said to be the competitor ..... . 9. the defendant remained ex parte. from the evidence of p.w.1 and documents marked, particularly, the agreement entered into between the plaintiff company and the defendant, this court is of the view that the plaintiff company is, certainly, entitled for injunction as ..... and proprietary information agreement entered into between the plaintiff and the defendant dated 22.05.2006, wherein the defendant has agreed to maintain confidential information with regard to the trade secrets and also all work including the intellectual property in their business. clause 6 of the agreement clearly shows that the employee shall neither pursue any business opportunity ..... permanent injunction. 3. the defendant remained ex parte. on the side of the plaintiff p.w.1, the authorised representative was examined and exs.p1 to p12 were marked. the details of the documents are hereunder: exhibits produced on the side of the plaintiff: s.noexhibitsdatedescription of documents1.p-130.04.2010the original resolution passed by the plaintiff .....

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Jan 11 2017 (HC)

M/s. Eris Life Science Pvt. Ltd., Ahmedabad Vs. M/s. Micro Labs Ltd. B ...

Court : Chennai

..... court trying the suit, rules it to be prima facie tenable and that if such finding is not recorded, the party cannot avail the remedy of rectification of a registered trade mark, is accordingly overruled. 2. this court holds, by its majority judgment (vipin sanghi, j disenting on this point) that the two situations whereby the infringement action is stayed, ..... upon the merits of a plea of trademark registration invalidity - applying section 47 and 57 of the act in the context of an infringement suit based on such registered trade mark. access to ipab is not dependent on the civil court's prima facie assessment of tenability of a plea of invalidity of trademark registration. in other words, section124 of ..... singh jaswant singh and others). 8. on the contrary, it is the contention of the learned counsel for the respondent/original plaintiff that "olamin" is the respondent/ plaintiff registered trade mark. it is the contention of the learned counsel for the respondent/ original plaintiff that since the applicant/original defendant has failed in succeeding the rejection of plaint, they have filed ..... respondent/original plaintiff product is only shampoo and used for external application. there is no confusion arises in between these two products. in fact, the respondent/original plaintiff's trade mark not put in use and only proposed to be used. the applicant/original defendant has filed an application exercising statutory right provided under section 124 of the trademarks act, 1999 .....

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Jan 11 2017 (HC)

Sheik Mohammed Nizar Vs. The Authorised Officer Axis Bank Limited and ...

Court : Chennai

..... show that its case falls within any of the exceptions carved out in baburam prakash chandra maheshwari v. antarim zila parishad air 1969 sc 556, whirlpool corporation v. registrar of trade marks, mumbai (1998) 8 scc 1 and harbanslal sahnia and another v. indian oil corporation ltd. and others (2003) 2 scc 107 and some other judgments, then the high court may ..... show that its case falls within any of the exceptions carved out in baburam prakash chandra maheshwari v. antarim zila parishad air 1969 sc 556, whirlpool corporation v. registrar of trade marks, mumbai (1998) 8 scc 1=1999-2-l.w. 200 and harbanslal sahnia and another v. indian oil corporation ltd. and others (2003) 2 scc 107 and some other judgments .....

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Jan 09 2017 (HC)

M/s. Maya Appliances Private Limited, Besant Avenue, Adyar, Chennai an ...

Court : Chennai

..... substantial than that of an ordinary purchaser, but the mere fact that the customers are sophisticated, knowledgeable and discriminating does not rule out the element of confusion if the trade marks/trade names/corporate names of two companies are identical or if the similarity between them is profound. in several cases it has been held that initial confusion is likely to arise ..... section 2(d) of the designs act, 2000, also excludes other modes. in that, a mere mechanical device in substance stands excluded specifically. similarly, a trade mark under the trade and merchandise mark act, 1958, or property mark as defined in section 479 of the indian penal code or any artistic work as defined in clause (c) of section 2 of the copyright act ..... john hayter's case (supra) the court failed to notice the principle that even the informed, sophisticated and knowledgeable customers suffer from initial confusion where the corporate names, trade names or trade marks of two different companies are the same or similar to each other. therefore, the view expressed in the case does not commend to me and compels me to respectfully ..... that a different type of confusion, referred to as "initial confusion," is likely to arise even among sophisticated purchasers. as one court has said: "by intentionally copying the trade mark of another more established company, one company attempts to attract potential customers based on the reputation and name built up by the first user, the older company. the danger here .....

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Dec 02 2016 (HC)

M/s. WS Retail Services Private Limited, Rep., by its Authorised Signa ...

Court : Chennai

..... one state to another. therefore, when there is a total lack of jurisdiction, as held by the hon'ble supreme court in whirlpool corporation vs. registrar of trade marks, mumbai and ors., reported in air 1999 sc 22, the writ court is entitled to intervene and quash the proceedings and any alternate remedy is not a ..... hon'ble supreme court pointed out the conditions that must be satisfied before a sale can be said to take place in the course of inter-state trade or commerce in the following terms:- 15(2) that the following conditions must be satisfied before a sale can be said to take place in the ..... have occasioned such movement; and (3) it is also not necessary for a sale to be deemed to have taken place in the course of inter-state trade or commerce, that the covenant regarding inter-state movement must be specified in the contract itself. 17. it was further held that in order that a ..... was held as follows:- 15.........(1) a sale which occasions movement of goods from one state to another is a sale in the course of inter-state trade, no matter in which state the property in the goods passes; (2) it is not necessary that the sale must precede the inter-state movement in ..... services under the brand name e-kart logistic to the online sellers effected via flipkart.com. the petitioner currently sells goods in the course of inter-state trade and commerce to the customers in puducherry from any one of the six warehouses in the country upon charging cst at full rate from those warehouses. 4. .....

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