AIR 2008 SUPREME COURT 3123
S. B. SINHA AND LOKESHWAR SINGH PANTA, JJ. Civil Appeal No.3637 of 2008 (arising out of SLP (C) No. 20941 of 2006), D/- 16-5-2008. A composite suit for infringement of copyright and passing off action is not maintainable in a Court where the plaintiff resides. A composite suit would not entitle a Court to entertain […]
AIR 1985 SUPREME COURT 1289
State of Rajasthan and others, Appellants, v. M/s. Swaika Properties and another, Respondents. The honorable supreme court observed that meerely services of notice at defendant place doesn’t create cause of action or jurisdiction. Cause of action is a bundle of facts which taken with the law applicable to them gives the plaintiff a right to […]
Copyrights in Film Industries. The film taken as a whole is required to be considered while considering the infringement of a copyrights. There cannot be copyrights in idea. Sections 26 & 55–Infringement–Burden of proof–Before the charge of violation of copyright is levelled against the defendant, it must be shown that he has taken a substantial […]
Court: High Court of Bombay Case No: Notice of Motion (L) No. 1890 of 2018 in COMIP (L) NO. 1063 of 2018 Order dated: 28thAugust, 2018 Facts of the case: The plaintiff, is a Mumbai-based Generic Drug Manufacturer company. The Plaintiff is known for its products under the trademark CANDID- B which is an […]
Citation: 2007 (35) PTC 571 (GUJ) Decided on: 05.02.2007 Ratio Decidendi: “Passing off is a recurring wrong and such wrong can be prevented at any time.” “Delay itself may not be a sole ground for refusing injunction, if it is found that the Applicants have achieved distinctive goodwill in the trademark and they are […]
International Society for Krishna Consciousness (ISKCON) v. Iskcon Appaeral (P) Ltd. (Decided on 26-06-2020)
In a trademark infringement suit filed by ISCKON (International Society for Krishna Consciousness) against Isckon Apparel Pvt Ltd for using the mark “ISKCON” in respect of various goods and services, ISCKON (International Society for Krishna Consciousness) has been granted the status of Well-known trademark under Section 2 (1) (zg) of Trademarks Act, 1999. The […]
