CiteTEXT
...an application confers no rights in the mark.30. In order to fortify his second submission, Mr. Anand has relied upon the judgments of the Supreme Court in Satyam Infoway (Supra) (paragraph...submits that the law is well settled by Satyam Infoway (Supra) and Uniply Industries Ltd. (Supra), both of which pertain to arbitrary marks.37. In her rejoinder arguments, Ms. Pratibha...need to show an acquired secondary meaning.52. The reliance placed by the Mr. Anand on Satyam Infoway (Supra) and Uniply Industries Ltd. (Supra) is misplaced as in Satyam Infoway (...
...mala fide intention, and the question of innocent misrepresentation would only be relevant at the stage of final relief per the decision in Satyam Infoway (supra).
...fact as held by the Canadian Supreme Court in Robert Hryniak (supra), in the event, the Court comes to the conclusion that the defendant lacks a real...
....…Plaintiff; v. Apple Leasing & Industries…Defendant. (1950-2000) Supp (2) PTC 45 (Del);(ii) Satyam Infoway (supra).49. Ms. Majumder submits that there is...Satyam Infoway v. Sifynet Solutions Pvt. Ltd. (supra), wherein the defendants (respondents) were using www.siffynet.net, whereas the plaintiffs had registered the domain names www.sifynet.com.... 2009 (41) PTC 284 (Del.)(iii) Satyam Infoway v. Sifynet Solutions Pvt. Ltd. AIR 2004 Supreme Court 3540...
...not be treated as a precedent. Reliance placed by the defendants on the judgments in Satyam Infoway (supra) and Wockhardt (supra) is misplaced as the said judgments do not hold in any manner that...OnLine Del 1489. Reliance is also placed on the judgments of the Supreme Court in Satyam Infoway Ltd. v. Siffynet Solutions (P) Ltd....8.9. The judgment in Milmet (supra) relied by the plaintiff is only applicable in the case of medical products and would not apply for hospitals. In any event, the...
.... Word ‘PRIUS’ finds its place in the english dictionary; not being an invented word, it is clear that the judgments of Ciba Ltd., A. Volvo & Satyam Infoway (supra) are also distinguishable...fancy word was accepted.24. In Satyam Infoway Ltd. v. Siffynet Solutions (P) Ltd...Hawkins Cookers Limited's case (supra) is misplaced as the said judgment has been stayed by the Division Bench in its order dated 13.5.200829. In Newton Chambers & Co. v...
..., relying upon the observations in Satyam Infoway (supra), the Supreme Court held that the volume of sales and the extent of advertisement of the product in question would be considered...reiterated by the Supreme Court in
Satyam Infoway v. Siffynet...judgment of the Supreme Court in Toyota (supra), I had observed in Toyota Jidosha Kabushiki Kaisha v. Tech...
...spanning in various high courts, similar judgments were pronounced. In May, 2004 the Supreme Court in the case of Satyam Infoway (supra), has laid down that Indian courts shall protect domain names on the...legal principles applicable of trademarks and trade names.41. In Satyam Infoway Ltd. (supra), the appellant used ‘SIFY’ as a main component of its domain name as www.sifymall.com...); Casio India Co. Limited…Plaintiff v. Ashita Tele Systems Pvt. Limited…Defendants, 2003 (27) PTC 265 (Del)].42. In Satyam Infoway Ltd. (supra...
...or services of the plaintiff” [See Satyam Infoway (supra)].65. Now, in assessing the likelihood of confusion, the Courts are required to apply the test of “imperfect recollection of a...person of ordinary memory” [See Satyam Infoway (supra)]. The defendant herein is a subsequent user, who is using an identical trademark “TP Turning Point”/“Turning Point” in relation to identical...passing off also appears to lack merit on account of the plaintiff appearing to be the prior user. The Supreme Court in Satyam Infoway (supra) while dealing with a case on passing off held that “The action...
...Infoway (supra)]. 65. Now, in assessing the likelihood of confusion, the Courts are required to apply the test of "imperfect recollection of a person of ordinary memory" [See Satyam...user. The Supreme Court in Satyam Infoway (supra) while dealing with a case on passing off held that The action is normally available to the owner of a distinctive trademark and the person who, if...Satyam Infoway Ltd.v. Siffynet Solutions (P) Ltd., (2004) 6 SCC 145]. While the plaintiff submits that it was in the year of 1994 that the...
...mala fide intention, and the question of innocent misrepresentation would only be relevant at the stage of final relief per the decision in Satyam Infoway (supra). ...Satyam Infoway Ltd. vs. Sifynet Solutions (P) Ltd., (2004) 6 SCC 145. Relevant paragraphs from the same are extracted below:
...(supra) was distinguished. While there was evidence in Schering that "TEMO" was an abbreviation for
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"TAMOZOLOMIDE...
...respondent. In support of such contention, the learned Senior Counsel has placed reliance on Satyam Infoway (supra) at paragraph 33.18. Mr. S. N. Mookherjee, learned Senior Counsel for...Satyam Infoway Ltd. v. Siffynet Solutions (P) Ltd., (2004) 6 SCC 145 at paragraph 13 and the judgment of the Division Bench of this Hon'ble Court in..., RFA (OS) (COMM) 22/2019 & CM APP No. 22655/2019 & other connected matters, which considered the rulings of the same High Court in the Mohan Lal case (supra) and in Carlsberg Breweries v...
...Supreme Court judgment in Satyam Infoway (supra) at paragraphs 11-15 and 23 is apposite. The Defendants' use and registration of the impugned domain names containing the word 'RPG' cannot....
12.6 Mr. Kamod relied upon the following judgements to support his contentions-
(i) Satyam Infoway Ltd. Vs. Sifynet Solutions...
(ii) Nandhini Deluxe (supra) - Para- 2, 3, 30, 31, 32, 33 and 34;
(iii) People Interactive (India...
...Section 9(1)(vi) of the Income- tax Act. We find that Honble Apex Court has considered the similar aspect in the case of Satyam Infoway Ltd. (supra). The question before Honble Apex Court.... AIR 2000 Bombay 27 was whether the domain names can be considered as intellectual properties such as trademark. Honble Apex Court in the case of Satyam Infoway Ltd. (...) Satyam Infoway Ltd. Vs. Siffynet Solutions Pvt.Ltd. [2004] Supp (2) SCR 465 (SC). (ii) Tata Sons Limited Vs. Mr. Manu Kisho...
...Uniply Industries Ltd. v. Unicorn Plywood Pvt. Ltd., (2001) 5 SCC 95 and Satyam Infoway Ltd. v. Siffynet Solut...trade mark “WONDER” for protection of the innocent public vide Satyam Infoway Ltd. (supra). The observations of the Supreme Court in the case of Laxmikant V. Patel (supra) squarely apply that once a...Infoway Ltd. (supra) read as under:-“13. The next question is, would the principles of trade mark law and in particular those relating to passing off apply? An action for passing off, as the...
...that in the case of M/s. Info Edge (supra) the same goods and services were subject matter of use and infringement as in the case of Satyam Infoway (supra) where the defendant offered a rival service...case of Satyam Infoway Ltd. (supra) it was held that a domain name not only serves as an address for internet communication but also identifies a specific commercial field in which it operates and use of...) Pvt . Ltd. & Anr. Vs. Shailesh Gupta & Anr. ILR (2002) 1 Delhi 220
Satyam Infoway Pvt. Ltd. V. Sifynet Solutions Pvt. Ltd. 2004 (28...
...: AIR 2004 SC 3540 (Satyam Infoway Ltd. v. Sifynet Solutions Pvt. Ltd.) and 2005 (3) SCC 6...person who, if the word or name is an invented one invents and uses it.5. On the other hand, it has relied upon the later judgment i.e Dhariwal Industries Ltd. (supra), where it has been.... (2005) 3 SCC 63 : AIR 2005 SC 1999) (supra) that such, type of question cannot be decided at an...
...turnover of the luxury wing of rooms in the said hotels under the names “MBD PRIVE”, “PRIVE” and “PRIVE COLLECTION”.14. An action for passing off, Supreme Court in Satyam Infoway Ltd. supra held.... 1997 PTC (17) 469.(ii) Satyam Infoway Ltd. v. Siffynet Solutions (P) Ltd...
...similar aspect in the case of Satyam Infoway Ltd. (supra). The question before Hon'ble Apex Court was whether internet domain names are subject to the legal norms applicable to other..., the facts in the above case were also different than the facts under appeal before us. On the other hand, the issue before Hon'ble Apex Court in the case of Satyam Infoway Ltd. (supra), Hon'ble...Infoway Ltd. (supra) has held that the domain name is a valuable commercial right and it has all the characteristics of a trademark and accordingly, it was held that the domain...
...are summarized below: In the decision of Satyam Infoway Ltd. v. Siffynet Solutions (P) Ltd. (supra), the Plaintiff, Satyam Infoway Ltd...provided in Section 9(1)(vi) of the Income-tax Act. We find that Honble Apex Court has considered the similar aspect in the case of Satyam Infoway Ltd. (supra). The question...above case were also different than the facts under appeal before us. On the other hand, the issue before Honble Apex Court in the case of Satyam Infoway Ltd. (supra), Hon'ble Jurisdictional High Court...
...; and (c) the Registrant's domain name has been registered or is being used either in bad faith or for illegal/unlawful purpose. " 21. Honble Supreme Court in Satyam Infoway Ltd (supra) held...Satyam Infoway Ltd (supra) thus concluded that principle relating to passing off actions in connection with trademark is applicable to domain names. 23. The Bombay High Court in...the scope of the protection available to the right. In the decision reported as (2004) 6 SCC 145 Satyam Infoway Ltd. v. Siffynet Solutions...