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 .....Tag this Judgment!
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 .....Tag this Judgment!
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 .....Tag this Judgment!
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, .....Tag this Judgment!
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 .....Tag this Judgment!
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 .....Tag this Judgment!
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 .....Tag this Judgment!
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 .....Tag this Judgment!
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!