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Judgment Search Results Home > Cases Phrase: trade marks Sorted by: recent Page 4 of about 184,049 results (0.169 seconds)

Jun 19 2017 (SC)

Kanchan Udyog Limited Vs. United Spirits Limited

Court : Supreme Court of India

..... dismissed.2. the appellant entered into an agreement with the respondent for establishment of a non-alcoholic beverages bottling plant at dankuni, west bengal, and sale under the respondent s trade mark, 'thrill', 'rush', 'sprint', and 'mcdowell s sparkling soda.' the respondent provided technical consultancy for establishment of the plant, incorporated in the project engineering services agreement dated 11.09.1985. a .....

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Jun 14 2017 (HC)

Hindustan Unilever Limited Vs. Guddu

Court : Kolkata

..... has to be kept in mind is the purchaser of such goods in india who may have absolutely no knowledge of english language or of the language in which the trade mark is written and to whom different words with slight difference in spellings may sound cases phonetically relating to the passing same. off, while one of dealing the with important tests ..... is in red and contain the word liberty in white surrounded by a blue colour lining. in this backdrop it is alleged that the respondents are not only infringing the trade mark but also the copyright by imitating the label / wrapper but also passing off the goods to common people who are mostly illiterate as if it is a goods of the ..... for its distinction. it is alleged that the respondent is manufacturing, marketing and selling his product which is also a soap under the mark new liberty in packets having trade design, graphics and colour scheme similar to the label and trade mark of the petitioner s product. the infringing goods on mere comparison both of the label / packets and the soap bar inside the ..... follows: 33. the decisions of english courts would be relevant in a country where literacy is high and the marks used are in the language which the purchaser can understand. while english cases may be relevant in understanding the essential features of trade mark law but when we are dealing with the sale of consumer items in india, you have to see and .....

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Jun 09 2017 (SC)

Honda Siel Cars India Ltd Vs. Commissioner of Income Tax, Ghaziabad

Court : Supreme Court of India

..... right and licence in the territory of india under the patents listed in schedule-i, to make use, exercise and vend the inventions referred to therein and to use the trade marks set out in schedule-ii in the territory of india, this court held that what was conferred was a mere right to use. the indian assessee, it was observed, was ..... , that such sale shall be made in accordance with this agreement and without impairing licensor's reputation, provided further that the said sale shall be so executed without using the trade mark of the licensor in full or in part, and provided further, that running royalties thereon shall be paid to licensor on the same terms and conditions as provided herein. (emphasis ..... : (i) when an expenditure is made, not only once and for all, but with a view to bringing into existence an asset or an advantage for the enduring benefit of trade, i think that there is very good reason (in the absence of special circumstances leading to an opposite conclusion) for treating such an expenditure as properly attributable not to revenue ..... civil appeal no.4918 of 2017 & ors. page 17 of 34 but, were made to enable the assessee to manufacture the honda cars in india which are its stock and trade. the tribunal was conscious of the fact that this tca was also entered into at the time of setting up of the fact and since the know-how was being .....

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May 18 2017 (HC)

Jsb Cement Llp Vs. Assam Roofing Limited and Others

Court : Kolkata

..... honest 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 ..... for the defendant passing off the defendant s goods as those of the claimant. since such judgment refers copiously to the holy grail on trademark law, kerly s law of trade marks and trade names, it is necessary to consider the facts and the law as enunciated in the judgment in some detail.24. the respondent before the supreme court was the registered ..... confusion in the mind of the public that the products sold is as of the plaintiff. the common law of passing off has been retained in section 27 of the trade marks act, 1999. under such circumstances, there shall be an order of injunction restraining the respondents, their men, servants, agents, assigns, dealers, distributors and/or anyone claiming through them restraining them ..... due cause takes unfair advantage of or is detrimental to, the distinctive character or repute of the registered trade mark. (5) a registered trade mark is infringed by a person if he uses such registered trade mark, as his trade name or part of his trade name, or name of his business concern or part of the name, of his business concern dealing in goods or services in .....

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May 16 2017 (HC)

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

Court : Kolkata

..... the institution of the suit was not on the strength of clause 12 of the letters patent, but by virtue of the right given to a registered owner of a trade mark under section 134(2) of the act, it may not have been necessary for the plaintiff to seek or obtain leave under clause 12 of the letters patent. but the ..... that was recognised only by the copyright act among the intellectual property rights. section 134(2).like section 62(2) of the copyright act, 1957, permits the owner of a trade mark to cite his residence or the place where he carries on business or works for gain to attract the jurisdiction of a court to carry an action for infringement. there ..... of any registration certificate pertaining to mark itc has been appended to the plaint. however, the ..... by claiming that the appellant s use of the mark itc in connection with its banking business was an unfair use of the plaintiff s reputed mark itc and would result in tarnishing the reputation of the established mark. paragraph 20 of the plaint claims that itc is registered in various classes under the trade marks act, 1999. it is, however, evident that no copy .....

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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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