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 .....Tag this Judgment!
Court : Kolkata
..... rates levied by the railways can be referred to the railway rates tribunal. the legal authority in support of such proposition is enunciated in re: whirlpool corporation versus registrar of trade marks, mumbai & ors.reported in 1998 (8) scc1at paragraphs 14 and 15. however, in the facts of the present case the petitioners dispute the levy of stacking charges against them on ..... stacking charges.2) it is not denied on behalf of the petitioners that the two indents dated 27th october, 2006 as well as another indent dated 1st november, 2006 were marked for paradip port for transferring iron ore in railway rakes out of barsuan siding.3) the iron ore at the stacking site was inspected by officers of the rank of .....Tag this Judgment!
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. .....Tag this Judgment!
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 .....Tag this Judgment!
Court : Kolkata
..... instant case, it cannot be said that the impugned design is new in its application. in saunders v. wiel reported in reports of patent, design and trade mark, vol. x, no.4, page 29, it was held that new or original design not previously published did not require novelty in the idea of the ..... order to claim novelty, there has to be a significant change or difference in the design, although, it may have a common source. a mere trade variant without significant and substantial noticeable features would destroy novelty. a drawing or publication of a design in any form must suggest explicitly or implicitly by ..... a prior use. first, it may not be clear whether or not the document discloses a design as applied to an article at all. a trade catalogue containing photographs or illustrations of articles to which a design has been applied may be a clear enough case. but the publication in a ..... showing it applied to another horse, it was held that design failed to qualify for novelty under s.1, the said stand being a mere trade variant. in sebel ltd's application (no.2), a design was held not to fall within s.4 because the character of the design was ..... novelty of a registered design, the publication would have to be, in tangible form, of the design applied to the same article. prior publication of a trade catalogue, brochure, book, journal, magazine or newspaper containing photographs or explicit picture illustrations that clearly depict the application of the design on the same article, .....Tag this Judgment!
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 .....Tag this Judgment!
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 .....Tag this Judgment!
Court : Jharkhand
..... of natural justice, hence, this writ petition is entertained at this stage. it has been held by hon'ble supreme court in the case of 'whirlpool corporation vs. registrar of trade marks, mumbai & ors', reported in (1998) 8 scc 1, in paragraph no. 14 and 15, which reads as under: 14. the power to issue prerogative writs under article 226 of the .....Tag this Judgment!
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 .....Tag this Judgment!
Court : Supreme Court of India
..... that during the currency of the agreement, the second party (as pointed out by the tribunal) gemini distilleries (tripura) pvt. ltd. (gdpl) shall not use trade mark to or adopt any trade mark similar to any of the trade marks on or in connection with any product. on that basis, the tribunal opined that on careful reading of the agreement reveals that the assessee has good ..... control over the manufacture of imfl by gdpl and it ensures the quality of the product, which bears the trade mark of the assessee. referring to the usership agreement, the tribunal observed that the proprietor was the assessee and the user was gdpl and according to the said agreement, at the ..... and the other is usership agreement. as per the terms and conditions of the agreement, the products were to be manufactured by the second party would include the products whose trade mark was owned by the assessee-appellant before the tribunal and any other associate company of it. the second party to the agreement was required to purchase blending and packing materials ..... between the royalty and the price of food flavours, it was canvassed before the tribunal that the royalty and service charges were received by the assessee for use of the trade mark and for marketing services provided by it to the contract bottling units and even though flavours were supplied to independent manufacturers, neither royalty nor service charges were received from them .....Tag this Judgment!