Court : Intellectual Property Appellate Board IPAB
..... . ?? where it was held that the transborder reputation cannot be accepted in india as a sole criteria for protection of a registered or an un-registered trade mark. for registered trade mark there has to be user of the trade mark also. (2)2009 (39) ptc 457(mad.) (db) ?? world wide brand inc. vs. dayavanti jhamnadas hinduja and anr. ?? in this case it is held that ..... 1996, magazines like fortune and readers digest carried their advertisements. according to the learned counsel the rights, which aid a petitioner in passing off action, a fortiori, aid him in trade mark action. the learned counsel submitted that though the respondents claim of user is from 1988, there is no evidence. the learned counsel submitted that there is no explanation why the ..... the applicant stating that they are not users in india officially although through other means their product reaches indian market and that their applications for registration are pending in the trade mark registry and that in view of this, copyright obtained by the respondent can be rectified. a copy of the assignment deed filed by the applicant has been enclosed to show ..... and then by the petitioner. the petitioner claim to have built a reputation for superior quality adhesives and they have acquired transborder reputation and particularly in india. along with the trade mark elfy, the logo of a baby elephant hanging from an inverted arrow was also adopted. the word elfy is a coined word from the word ??elephant. the petitioner is the .....Tag this Judgment!
Court : Andhra Pradesh
..... law laid down by the apex court, with regard to maintainability of a writ petition, when an alternative remedy is available. the apex court in whirlpool corpn. v. registrar of trade marks ((1998)8 scc 1),held as under: 15. but the alternative remedy has been consistently held by this court not to operate as a bar in at least three contingencies .....Tag this Judgment!
Court : National Consumer Disputes Redressal Commission NCDRC
..... is stated that we are always ready to surrender but the damaged ply board should not be sold in open market because that may have the negative effect on the trade mark and goodwill of the complainant (respondent). when did the surveyor mr. indranil bhattacharji submit survey report? he is submitted the report on 12.5.2003. the consumer complaint was submitted .....Tag this Judgment!
Court : Chennai
..... honest practices in industrial or commercial matters, an (b) is not such as to take unfair advantage of or be detrimental to the distinctive character or repute of the trade mark. (2) a registered trade mark is not infringed where - (a) the use in relation to goods or services indicates the kind, quality, quantity, intended purpose, value, geographical origin, the time of production ..... of the appellants, injunction order should have followed. (d) the learned senior counsel also relied upon section 29(c) of the act, which states that a registered trade mark is infringed, if the trade mark is identical and is used in relation to identical goods or services; and that such use is likely to cause confusion on the part of the public or ..... be used for labelling or packaging goods or as a business paper or for advertising goods or services, would constitute infringement. sub section 8 prescribes that a trade mark is infringed even by advertising that trade mark, if such advertising --- (i) takes unfair advantage of and is contrary to honest practices in industrial or commercial matters or (ii) is detrimental to its ..... practices in industrial or commercial matters; or (b) is detrimental to its distinctive character, or (c) is against the reputation of the trade mark. (9) where the distinctive elements of a registered trade mark consist of or include words, the trade mark may be infringed by the spoken use of those words as well as by their visual representation and reference in this section to .....Tag this Judgment!
Court : Intellectual Property Appellate Board IPAB
..... in respect of goods bearing this trade mark and also details of the sales turnover of m/s. beardsell limited. the payment of royalty is also only in the name of cha textiles limited ..... limited for use of intorica trade mark. this is again repeated at page 36 with letter dated 13-6-2000. there are several invoices to show m/s. beardsell limited has raised invoices ..... . from page 34 onwards there are letters written by cha textiles limited addressed to m/s. beardsell limited authorizing m/s. beardsell limited to use intoria trade mark for further twelve months. this is dated 12-4-1999. page 35 shows that there is permission granted by cha textiles limited to m/s. beardsell ..... set ex-parte. 4. the learned counsel for the applicant submitted that apart from the advertisement in the trade marks journal, which shows that claim of user is from 1932, the application being made in 1969, there is no evidence. the learned counsel has produced the ..... today i.e. 10-9-2012. 3. the rectification has been sought for on the ground of non user under section 47(1)(b) of the trade marks act, 1999. since there has been no appearance on behalf of the respondent, though the respondent was served notice in june 2011 itself, the respondent is .....Tag this Judgment!
Court : Chennai
..... matter, we feel that serious mistakes were committed in the case at all stages. the trial court should not have "marked" as exhibits the xerox copies of the certificates of registration of trade mark in face of the objection raised by the defendants. it should have declined to take them on record as evidence and ..... be allowed to be raised at any stage subsequent to the marking of the document as an exhibit. the latter proposition is a rule of fair play. the crucial test is whether an objection, if taken at ..... or revision. in the latter case, the objection should be taken when the evidence is tendered and once the document has been admitted in evidence and marked as an exhibit, the objection that it should not have been admitted in evidence or that the mode adopted for proving the document is irregular cannot ..... but is directed towards the mode of proof alleging the same to be irregular or insufficient. in the first case, merely because a document has been marked as 'an exhibit', an objection as to its admissibility is not excluded and is available to be raised even at a later stage or even in ..... left the plaintiff to support its case by whatever means it proposed rather than leaving the issue of admissibility of those copies open and hanging, by marking them as .....Tag this Judgment!
Court : Allahabad
..... ) scc 99, t.n.transport corporation vs. neethivalangan; 1980 (2) scc 437, shiv shankar dal mill vs. state of haryana, 1998 (8) scc 1 whirpool corporation vs. registrar of trade marks. 27. in another case reported in (1985) 3 supreme court cases 267 ram and shyam company vs. state of haryana and others, hon'ble supreme court ruled that alternative remedy ..... of conditions provided by section 10 of the 1872 act. agreements in question should be construed keeping in view the statutory provisions and should be given literal meaning considering the trade compulsions and requirement. in view of reliance case (supra) the production sharing agreement (psa) has got overriding effect over all the agreements like gspa and gta. the delivery ..... to the definition of "inter-state commerce" given by rottschafer in his "constitutional law". 44. law commission (supra) after discussing the entire pros and cons of inter-state trade and judgment of indian supreme court and american supreme court finally recommended to amend article 286 with sound reasoning. concluding remarks of second law commission report is as under:. "the ..... their potential hydrocarbon. therefore, the regulation of oilfields and mineral oil resources necessarily encompasses the regulation as well as development of natural gas. for free and smooth flow of trade, commerce and industry throughout the length and breadth of the country, natural gas and other petroleum products play a vital role. the union of india alone has got legislative .....Tag this Judgment!
Court : Karnataka
..... date of the direction or such longer period as the central government may think fit to allow: provided that no application under clause9ii) made by a registered proprietor of a trade mark after five years of coming to notice of registration of the company shall be considered by the central government. (2) if a company makes default in complying with any ..... may, before deeming a name as undesirable under clause (ii) of sub-section (2), consult the registrar of trade marks. section 22. rectification of name of company-(1) if, through inadvertence or otherwise, a company on its first registration or on its registration by a new name, is registered by ..... with, or too nearly resembles- (i) the name by which a company in existence has been previously registered; or; (ii) a registered trade mark, or a trade mark which is subject of an application for registration, of any other person under the trade marks act, 1999, maybe deemed to be undesirable by the central government within the meaning of sub-section (1). (3) the central government ..... or any previous companies law, the first-mentioned company, or (ii)on an application by a registered proprietor of a trade mark, is in the opinion of the central government identical with, or too nearly resembles, a registered trade mark of such proprietor under the trade marks act, 1999, such company,- (a)may, by ordinary resolution and with the previous approval of the central government .....Tag this Judgment!
Court : Chennai
..... with the approval of the agricultural marketing adviser or an officer authorised in this regard, mark his private marks or trade marks provided that the same do not indicate quality other than that indicated by the grade designation mark affixed to the graded packages. 9. the petitioner company is aggrieved about the rule which ..... trying to manipulate the same by undue and unlawful advantage by misleading the general public, the government machinery and this court. when the trade brand label shows the commodity as one thing, in reality the content of the same is something different whose nomenclature is nothing but misbranding ..... common or generic name of the oils used for preparation on the package or containers of the trade article as ultra vires of the provisions of the agricultural produce (grading and marking) act, 1937 and other enactments dealing with the subject issue besides being violative of articles 14 ..... common or generic name of the oils used for preparation on the package or containers of the trade article as ultra vires of the provisions of the agricultural produce (grading and marking) act, 1937 and other enactments dealing with the subject issue besides violative of articles 14 and ..... the parent act. the object of the act is to provide for grading and marking of products with reference to prescribed standard and the use of the name "agmark" associated with the private trade brand label. the prohibition imposed by the impugned rule is unreasonable. there is likelihood .....Tag this Judgment!
Court : Chennai
..... we feel that serious mistakes were committed in the case at all stages. the trial court should not have "marked" as exhibits the xerox copies of the certificates of registration of trade mark in face of the objection raised by the defendants. it should have declined to take them on record as evidence ..... legitimate grievance in appeal about the way the trial proceeded." 18. a bare running of the eye over the above precedents would exemplify and demonstrate that marking is different from proving a document. as such, the lower court judge should have kept himself appraised of the current provisions of law. 19. ..... evidence-taking stage regarding the admissibility of any material or item of oral evidence the trial court can make a note of such objection and mark the objected document tentatively as an exhibit in the case (or record the objected part of the oral evidence) subject to such objections to ..... in holding that they acquired title to those properties? (4) whether the lower court was justified in rejecting the request of the defendants to get marked the note books two in number purported to contain the facts relating to the partition and allotment of shares? (5) whether the decree as such ..... and left the plaintiff to support its case by whatever means it proposed rather than leaving the issue of admissibility of those copies open and hanging, by marking them .....Tag this Judgment!