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Judgment Search Results Home > Cases Phrase: trade marks Sorted by: recent Page 4 of about 183,900 results (0.152 seconds)

May 12 2017 (HC)

Rajat Agarwal and Ors. Vs. Spartan Online Pvt. Ltd. and Ors.

Court : Kolkata

..... ker).casio india ltd.v.ashita tele systems.2003 (27) ptc265(del)].in satyam infoway ltd.(supra) after referring to the definition of trade mark and mark, the supreme court stated that the question which was apposite was whether a domain name could be said to be a word or name which was ..... as india is concerned, there is no legislation which explicitly refers to dispute resolution in connection with domain names. but although the operation of the trade marks act, 1999, itself is not extraterritorial and may not allow for adequate protection of domain names, this does not mean that domain names are ..... s www.naukri.com, court reiterated the principle that a domain name is more than an internet address and is entitled to equal protection as a trade mark. [card service international inc.v.mc gee, 42 uspq2 1850; pen books pvt.ltd.v.padmaraj, emily estate, kalpatta, 2004 (29) ptc37( ..... relates to control and management of the defendant no.7. it also involves right to use and exploit the domain name www.spartanpoker.com and trade mark as well as copyright in spartanpoker over which the plaintiffs claim exclusive right. the undisputed facts that emerge from the submission of the respective parties ..... the knowledge of the respondent no.7 that without giving any notice to the said respondent no.7, rajat had filed several objections before the trade mark registry objecting to the registration of the trademark in favour of the respondent no.7 and claiming user thereof since 9th july, 2014. the .....

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Apr 25 2017 (HC)

Rajat Agarwal and Ors. Vs. Spartan Online Private Limited and Ors.

Court : Kolkata

..... 001 is irrelevant for the purpose of jurisdiction inasmuch as there is no question of any copyright of the plaintiff no.1. the plaintiff no.1 has since initiated trade mark objection to the trade mark application of the defendant no.1 company in mumbai in october, 2016. the plaintiff no.3 is a company registered at new alipore, kolkata 700 053, outside the ..... the place where the cause of action has arisen where he is having head office / carrying on business, etc. the provisions of the copyright act and the trade marks act provide for the authors / trade mark holders to sue at provisions of law never intended to be oppressive to the defendant. the parliamentary debate quoted above has to be understood in the manner that ..... harass the defendant no.7. in world wrestling entertainment (supra) the learned single judge was considering the territorial jurisdiction of the court in relation to section 134(2) of the trade marks act, 1999 and sections 62(2), 65a, 65b of the copyright act, 1957. the suit was filed for permanent injunction restraining infringement of copyright, infringement of trademarks, passing off, ..... between the parties within the jurisdiction of this court and no event took place within the jurisdiction of this court. all activities including the registration of domain names and the trade mark, removal of the directors have taken place in mumbai, outside the jurisdiction of this court. the natural forum for adjudicating the disputes as against the defendant no.7, therefore, .....

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Apr 25 2017 (SC)

Bapusaheb Chimasaheb Naik-Nimbalkr(Dead Through Lrs.) and Anr. Vs. Mah ...

Court : Supreme Court of India

..... continuing or recurring wrong there would be corresponding continuing or recurring causes of action when the first suit was based on infringement of plaintiff s trade mark, second suit was on the continuing act or infringement of its trade mark and continuous passing of action subsequent to filing of the earlier suit, in bengal waterproof ltd. v. bombay waterproof mfg. co. (1997) 1 scc99 .....

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Apr 20 2017 (HC)

Saregama India Limited Vs. Whackedout Media Pvt. Ltd. and Anr.

Court : Kolkata

..... of action has arisen where he is having head office / carrying on business, etc. the provisions of the copyright act and the trade marks act provide for the authors / trade mark holders to sue at provisions of law never intended to be oppressive to the defendant. the parliamentary debate quoted above has to be ..... offices, etc. there is no doubt about it that the words 22. used in section 62 of the copyright act and section 134 of the trade marks act, notwithstanding anything contained in cpc or any other law for the time being in force ., emphasise that the requirement of section 20 cpc would ..... not having ordinary residence or principal place of business was sought to be removed by virtue of the aforesaid provisions of the copyright act and the trade marks act. having ordinary residence where the corporation is / place of business and cause of action has also arisen at that place, it has to ..... such which prevents the mischief of causing inconvenience to the parties. the intendment of the aforesaid provisions 19. inserted in the copyright act and the trade marks act is to provide a forum to the plaintiff where he is residing, carrying on business or personally works for gain. the object is to ..... that he is carrying on business at other farflung places also. the very intendment of the insertion of provision in the copyright act and the trade marks act is the convenience of the plaintiff. the rule of convenience of the parties has been given a statutory expression in section 20 cpc as .....

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Apr 12 2017 (HC)

Itc Limited Vs. Green India Rice Millers and Exporters Private Limited ...

Court : Kolkata

..... of injunction of restraining the respondents, their men, servants, agents or assigns and all others acting for and on their behalf from infringing the registered trademarks of the petitioner being trade mark nos. 1063649, 1087266 and 1092701 by manufacturing, marketing, selling, distributing, advertising, exporting, offering for sale, and in any other manner, directly or indirectly, dealing in any product in packets, sachets ..... hygiene industries p. ltd. vs. sudhir bhatia reported at 2004 (3) scc90it was held that the law on the subject is well settled. in cases of infringement either of the trade mark or of copyright, normally an injunction must follow. mere delay in bringing action is not sufficient to defeat grant of injunction in such cases. the grant of injunction also becomes ..... was a proprietorship concern of the defendant no.3 with effect from 1st october, 2016 prior thereto the defendant nos.2 and 3 were carrying out on business under the trade mark aashirwad which would be evident from the invoices and balance sheet of the defendant no.2 which would be disclosed if an opportunity is given to file an affidavit. it ..... an agreement dated december 2, 2016. the search carried out by the petitioner on the internet search engine google shows that the respondent no.1 is selling rice under the trade mark green india in the wave page https://www.indiamart. com/ greenindiaoverseas / profile.html . the respondent no.1 claims green india to be its flagship brand recognized in india with a .....

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Apr 11 2017 (HC)

Itc Ltd. Vs. Irinjalakuda Town Cooperative Bank Ltd. and Ors.

Court : Kolkata

..... 1999 ptc183(mad db), it was held that advertisement is a step in the process of infringement to solicit customers in the name of the impugned trade mark and the advertisement is calculated to induce people to believe that such a property is meant for marketing. in exphar sa v. eupharma laboratories ltd., air2004sc1682 ..... of the plaintiff and make illegal gains off its worldwide reputation and goodwill both within and outside the jurisdiction of this hon ble court. . the trade marks act, 1999 in section 134 provides that a suit in respect of the following matters shall be filed only before a court, not inferior to ..... the term itc by the defendant no.1 is solely with the intention to cash in or the reputation of the plaintiff s well known trade mark/corporate name/house itc by passing off its services, both within and outside the jurisdiction of this hon ble court, as those emanating from ..... bench judgement of the delhi high court in n.r. dongre versus whirlpool corp. reported at 1996 ptc16for the proposition that use of the trade mark does not require that there has to be actual physical sale since it is well settled that even mere advertisement without having even the existence ..... www.itcbank.com and www.itcbank.org, the defendant no.1, through defendant no.2, is offering services under the plaintiff s trade mark/ trade name/house mark/corporate name, which could cause considerable commercial loss to the plaintiff herein and cause irreparable dilution to its brand value both within and .....

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Apr 11 2017 (HC)

Ms Adhunik Power and Natural Resources Limited Through Its Authorized ...

Court : Jharkhand

..... discretion to entertain or not to entertain a writ petition. the court has imposed upon itself certain restrictions in the exercise of this power. (see whirlpool corpn. v. registrar of trade marks.) and this plenary right of the high court to issue a prerogative writ will not normally be exercised by the court to the exclusion of other available remedies unless such ..... 8 th edition, egregious means extremely or remarkably bad; flagrant'. in collins cobuild advanced learner s english dictionary new edition, egregious means very bad indeed . in the case of state trading corporation of india ltd. versus jainsons clothing corporation and another [(1994) 6 scc597 at para-7, their lordships while elaborating the plea of fraud, quoted the observations of sir john .....

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Mar 07 2017 (HC)

Greatwall Vanijya Ltd. Vs. Bengal Waterproof Ltd. and Ors.

Court : Kolkata

..... to that effect would be evident therefrom. on 11th may, 2011, the court further restrained the brc from surrendering the registered user agreement in relation to the trade mark duckback . and also restrained the bwl from terminating the said agreement, subject, however that the brc acts in conformity with the said agreement dated 26th february, ..... the use of the trade mark. it is undeniable that the bwl could not buy back the aforesaid preferential share within six months from the date of m.o.u. the genesis ..... 5% of the turn over for duckback . brand to bwl up to 25th february, 2020 or till such date which brc continues to use the said trade mark and the bwl shall continue to pay the interest at the rate of 12% per annum to brc for the security deposit taken by the bwl for ..... shall stand transferred to bwl as refundable security deposit bearing interest at the rate of 12% per annum in consideration of grant of irrevocable user of the trade mark duckback . for a period of 10 years from the date of the execution of m.o.u. the m.o.u further contains a specific term ..... is the origin of both the suits instituted by the respective parties. it is undisputed that the bwl permitted and allowed the brc to make use of the trade mark (duckback) initially by a registered user agreement dated 28th august, 1972 which was either extended or renewed and last of such agreement was entered into on .....

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Mar 07 2017 (SC)

Competition Commission of India Vs. Co-Ordination Committee of Artists ...

Court : Supreme Court of India

..... be conferred upon him under (a) the copyright act, 1957 (14 of 1957); (b) the patents act, 1970 (39 of 1970); (c) the trade and merchandise marks act, 1958 (43 of 1958) or the trade marks act, 1999 (47 of 1999); (d) the geographical indications of goods (registration and protection) act, 1999 (48 of 1999); (e) the designs act ..... treatment, processing, supply of electrical or other energy, boarding, lodging, entertainment, amusement, construction, repair, conveying of news or information and advertising; xx xx xx 2(x) trade means any trade, business, industry, profession or occupation relating to the production, supply, distribution, storage or control of goods and includes the provision of any services; at this stage, we would ..... two sub-sections read as under: (6) the commission shall, while determining the relevant geographic market', have due regard to all or any of the following factors, namely:- (a) regulatory trade barriers; (b) local specification requirements; (c) national procurement policies; (d) adequate distribution facilities; (e) transport costs; (f) language; (g) consumer preferences; (h) need for ..... or between any person and enterprise or practice carried on, or decision taken by, any association of enterprises or association of persons, including cartels, engaged in identical or similar trade of goods or provision of services, which (a) directly or indirectly determines purchase or sale prices; (b) limits or controls production, supply, markets, technical development, .....

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Mar 06 2017 (HC)

Itc Limited Vs. The Controller of Patents and Designs and Ors.

Court : Kolkata

..... old thing to a new use, provided it is not merely analogous. . 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 ..... smoking articles". there is a manual of designs, practice and procedure published by the office of the controller general of patents, designs and trade marks, relevant extracts wherefrom have been handed over to the court and the appellant at the time of hearing to show the extent of detailed ..... registered design, the publication of the design applied to the same article, would have to be in tangible form. 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 ..... 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 ..... 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 .....

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