Civil Procedure Code (CPC)

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Intellectual Property Rights Judiciary

SC: Landmark judgment on Patent Laws

 25 June 2014

The Supreme Court bench comprising of Justices A.K. Patnaik and Jagdish Singh Khehar addressed the issue of multiplicity of suits in different forums over a claim for patent. The Court held that multiple claims cannot be allowed as it affects the h..


Bombay HC restrains Jubilant Agri from infringing Pidlite's trademark

 24 January 2014

The Bombay High Court restrained Jubilant Agri & Consumer Products Limited not to use words like 'Marine' in its products, which infringes on Pidilite Industries Limited brand 'Fevicol Marine'..


Copyright or Trademark cannot be claimed on Yoga asanas(postures)

 16 January 2014

The Plaintiff, Institute for Inner Studies & Others, filed the suit seeking permanent and mandatory injunction alongwith damages against the defendant, Charlotte Anderson & Others in order to restrain the defendants from carrying out activities of sp..


Court not inclined to award damages in the suit of infringement of copyright and trademark and passing off in certain cases.

 16 January 2014

The Plaintiff, Oriental Cuisines Private Limited, filed the suit alleging passing off and infringement of its trademark and copyright in the mark “THE NOODLE HOUSE” by the defendant, Star Restaurants Private Limited, seeking a decree of permanent..


HC dismissed the appeal with cost on the question of Forzid Registered of Trade Mark

 06 July 2011

The Petitioner UBPL states that it is, inter alia, engaged in the manufacturing and selling of pharmaceutical preparations including injections bearing the trade mark FORZID. UBPL claims that since 2002 it took steps to launch CEFTAZIDIME injections ..


machine-or-transformation test is not the sole test for determining the patent eligibility of proces

 28 December 2010

Test for determining the patent eligibility of process claims- This case returns to the present court on remand from the Supreme Court for further consideration in light of the Court's decision in Bilski v. Kappos - In the instant case District court..


Infringement of Trademark : Stay of suit

 01 December 2010

Section 124 : Trademark Act Scope : Application maintainable in suit for infringement of Trade Mark..


Stay in Suit for Passing Off

 01 December 2010

Scope of Section 124 : Trade Marks Act - discussed - applicability in suit for passing off..


Stay of Suit for Passing off - not maintainable

 01 December 2010

..


Trade marks - groundless threat

 01 December 2010

for declaration and permanent injunction against the threats..


Trial Court had territorial jurisdiction to entertain the Suit for infringement of Trade mark

 11 November 2010

Claim for perpetual injunction and relief of damages and rendition of accounts under provisions of Section 134 (2) of the Trade Marks Act, 1999 -Whether Trial Court had territorial jurisdiction to entertain the Suit for infringement of Trade mark? ..


he Registrar while appearing in proceedings under Section 98

 11 March 2010

Intellectual Property Rights - Trademarks - Application for rectification of registration of trademark - Appearance of Registrar in legal proceedings - Content of deposition or statement made by Registrar or his duly authorised subordinate - Scope th..


Similar Drug Name Not To Be Disregarded: Bombay High Court

 27 January 2010

rug Controller General while granting the permission to the first defendants had imposed a condition, that on the label of the product a warning 'to be sold by retail on prescription of specialists only' should be printed. It was submitted that both ..


Delhi HC dismissed ITC appeal on use of trademark by Philip

 18 January 2010

Law using Logo has clearly been defined in the present citation wherein ITC filed a petition seeking injunction against respondent to use a specific logo...


TDSAT and Civil Jurisdiction

 16 December 2009

The special right recognized under the Copyright Act can be enforced only through the civil court. The machinery contemplated under the TRAI Act cannot determine the civil disputes which fall outside the scope of section 15 of the TRAI Act, 1997. Suf..


TVS -BAJAJ CASE ON FLAME BIKE

 24 October 2009

Further applying the well laid down principle that when application for revocation of a patent of the Respondent is pending before the Appellate Tribunal and when such an application has been preferred on the ground of existence of a prior art, o..


TVS -BAJAJ CASE ON FLAME BIKE

 24 October 2009

The said application of the Respondent was resisted by the Appellant by contending that the use of two spark plugs in an IC engine was a prior art for which no patent could have been applied for and that the Respondent resorted to a deceptive met..


Re-examine Valcyte patent

 06 December 2008

Recent decision by the Madras High Court ordering the Chennai Patent Office to re-examine Valcyte patent..


Offence of infringement of copyright-Quashing

 05 December 2008

Sections 63 and 69 read with section 482 of Code of Criminal Procedure, 1973 (Code) – Offences by companies – Offence of infringement of copyright – Prosecution of director – Plea of quashing in a proceeding under section 482 – Vissa Television Netwo..


Discretionary Relief

 02 December 2008

(A) Civil Procedure Code, 1908, Order 39 Rules 1 and 2 - Trade Marks Act, 1999, Sections 29 and 106 - Interim injunction - c - Appellant prior user of trade mark 'Glucon-D' and specific packaging - The term 'Glucose-D' used by respondent from the yea..







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