CiteTEXT
...appellant. It is further pointed out that a suit was filed and decree has been passed by exercising the jurisdiction as per Section 134 and 135 of Trade Marks Act, 1999. It is not disputed that ...Act, 1999 does not provide for any further remedy of appeal against the judgment to be passed in suit under Section 134 and decide under Section 135 of Trade Marks Act, 1999. By ...Section 135 of Trade Marks Act, 1999, appeal shall lie before the High Court in view of
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Section 13 of M...
..., particularly under Section 135 of the Trade Marks Act, 1999 since compensation in monetary terms would not be an adequate relief for the petitioners, as every sale under the deceptively similar ...cited by the petitioner as also Section 29 read with section 135 of the Trade Marks Act, 1999, I am of the prima facie view, that there is an infringement of the trade mark of th...Respondent's Trademark “TOOFUN”, which was circulating on the Trade Marks Registry. The Respondent had filed an application to register this trademark under the provisions of the Trade Marks Act, 1999 on...
...Marks Act, 1999 prayed for a Judgment and Decree:—
(a) Granting a permanent injunction restraining the defendant, their men, servants, agents or anyone claiming through or under them from...Prayer : This Civil Suit is filed under Order VII Rule 1 of Civil Procedure Code, 1908 read with Order IV Rule 1 of High Court O.S. Rules and Section 134 and Section 135 of the Trade...in any manner infringing the Plaintiff Trade Mark and Trading style “Thalappakatti Briyani Hotel” by using the offending Trade Mark and Trading style “Thalapakattu Biryani” or any other mark or marks...
...has filed a suit under Section 134 & 135 of Trade Marks Act, 1999 (for short "the Act of 1999") seeking injunction against the violation of the...Section 134 and 135 of the Act of 1999 alleging infringement of registered trade mark and for passing off, which as per the provisions of Section 134 read with Section 135 of the Act of ...application stands rejected by the court below observing that in terms of the provisions of Section 134 of the Act of 1999, the suit with regard to infringement of registered trademark or for passing off is...
...THE TRADE MARKS ACT, 1999, praying to grant a judgement and decree on the following terms :-
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a) Granting...FILED UNDER ORDER VII RULE 1 OF C.P.C. READ WITH
ORDER IV RULE 1 OF HIGH COURT O.S. RULES AND SECTION 134
AND SECTION 135 OF..."Thalappakatti Briyani Hotel" by using the offending Trade Mark and Trading style
"Chennai Thalapakattu" or any other mark or marks which are similar or in any way deceptively...
...and Order VII Rule 1 of Civil Procedure Code, 1908 read with Sections 27(2), 29, 134 and Section 135 of the Trade Marks Act, 1999 praying for the following reliefs:
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...R.C Jain, J.— This is an application under Section 135(2) of the Trade Marks Act, 1999 and Order 39 Rules 1 and 2 read with Section 151, CPC, made on ...Marks Act, 1999 and Sections 51 and 55 of the Copyright Act, 1957 for permanent injunction restraining infringement of copyright, passing off, rendition of accounts, etc. on the averments that...plaintiff's copyright and/or its famous trade mark/trade name ‘BIKANER VALA’.2. Plaintiff has filed a suit under Section 27(2) read with Sections 134 and 135 of the Trade...
...present suit and as per Section 135 of the Trade Marks Act, 1999, the plaintiff is not entitled to get both the...the side of the appellants/defendants is based upon Section 135 of the Trade Marks Act, 1999 and the same reads a...for the delivery-up of the infringing labels and marks for destruction or erasure.”13. A mere reading of the said Section would go to show that if a suit is instituted on the basis of...
...Section 135 of the Trade Marks Act, 1999, the plaintiff is not entitled to get both the reliefs of rendition of a...is based upon Section 135 of the Trade Marks Act, 1999 and the same reads as follows: “...the infringing labels and marks for destruction or erasure.” A mere reading of the said Section would go to show that if a suit is instituted on the basis of infringement or...
...Procedure Code, 1908 Read With Order IV Rule 1 of High Court O.S.Rules and Section 134 and Section 135 of the Trade Marks Act, 1999, praying to grant a judgment and decree on the followin...an order of declaration, declaring the plaintiff registered trade mark "DHEEPAM" as "well known mark" within the meaning of Section 2(1)(zg) read with Section 11(6) of the Trade Marks Act, ...along with a direction to the Registrar of Trade Marks to notify the mark
"DHEEPAM" on the register of well-known marks. (f). To pay the plaintiff the costs of the suit. For...
...1 of High Court O.S. Rules and Section 134 and Section 135 of the Trade Marks Act, 1999, prayed for a Judgment and Decree:-
a) Granting a mandatory injunction restrain...the offending Trade Mark and Trading Style "SULTHAN VANIYAMBADI BIRIYANI" or any other
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mark or marks which are similar...Trading style "SULTHAN VANIYAMBADI BIRIYANI" or any other mark or marks which are similar or in any way deceptively similar to or a colourable imitation of the plaintiffs Trade Mark "Sulthan's Biriyani...
...Rule 1 Civil Procedure Code, 1908 Read With Order IV Rule 1 of High Court O.S.Rules, 1956 and Section 134 and Section 135 of the Trade Marks Act,
1/6...order of declaration, declaring the plaintiff registered trade mark "DHEEPAM" as "well known mark" within the meaning of Section 2(1)(zg) read with Section 11(6) of the Trade Marks Act, ...with a direction to the Registrar of Trade Marks to notify the mark
"DHEEPAM" on the register of well-known marks. (f). To pay the plaintiff the costs of the suit. For...
...High Court O.S.Rules, 1956 and Sections 134 and Section 135 of the Trade Marks Act, 1999, prays for a judgment and decree against the defendant on the following terms :
(a) to ...BHAVAN" by using the offending Trade Mark and Trading style "VASANTHA BHAVAN" or any other mark or marks which are similar or in any way
1...Trade Mark and Trading style "VASANTHA BHAVAN" or any other mark or marks which are similar or in any way deceptively similar to or a colorable imitation of the Plaintiffs Trade Mark...
...Section 135 of the Trade Marks Act, 1999 and came to the conclusion that as the respondent No. 1 was a small oper...Section 135 (b) of the Trade Marks Act, 1999 lays down that if at the time of commencement of the use of trade mark in the suit, a party was unaware and had no ...mark or logo as may be identical to or deceptively similar with the plaintiffs trade marks MAGGI and MAGGI logo amounting to infringement of appellants registered trade marks Nos. 267814, 267813, 578342...
...of Section 135(b) of the Trade Marks Act, 1999 lays down that if at the time of commencement of the use of trade mark in the suit, a party was unaware and had n...bearing the said trademark, though in the written statement, it is stated that there is no infringement of the plaintiff's trademark, as both the marks are different. Defendant No. 1 being a Government of...ground for believing that the trademark of the plaintiff was on the register or when he becomes aware of the existence and nature of the plaintiff's right in the trade mark forthwith ceases to use the...
...2009 (39) PTC 129 (Del.)(DB), wherein a Division Bench of this Court held as under:“14. A perusal of Section 135 (b) of the Trade Marks Act, 1999 lays dow.../- should be accepted for the act of passing off decree.6. Section 135(3) of the Trade Marks Act reads as under:“(3) Notwithstanding anything contained in sub-section (1), the...Trade Marks Act, 1999 against the defendants.2. Defendant no. 1 is present in court today submits that he has no...
...contained in Section 135 of the Trade Marks Act, 1999, are nothing but the legislative mandate to the aforesaid common law principles. Therefore, once this provisions states that the plaintiff can...principles laid down by the English Courts on the claims for damages and/or account of profits are based on common law principle applicable in torts. Section 106 of the Act and its equivalent provision...
plaintiff has a trade mark OMEZ. The grievance of the plaintiff is that the defendant is using deceptively similar carton and strip...
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SECTION 134 AND SECTION 135 OF THE TRADE MARKS ACT,
1999 for the following reliefs :-
a) Granting a permanent injunction restr...BRIYANI" by using the offending Trade Mark and Trading style "STAR AMBUR BRIYANI" or any other mark or marks which are similar or in any way deceptively similar to or a colorable imitation of the...the offending Trade Mark and Trading style "STAR AMBUR BRIYANI" or any other mark or marks which are similar or in any way deceptively similar to or a colorable imitation of the Plaintiffs Trade Mark...
...the Trade Marks Act, 1999, praying for a judgment and decree against the defendant:
a) granting a permanent injunction restraining the defendant, their men, servants, agents or..., Royapettah, Chennai - 600 014. ... Defendant Civil Suit is filed under Order VII Rule 1 Civil Procedure Code read with Order IV Rule 1 of the High Court Original Side Rules and Section 134 and Section 135 of...
BRIYANI" by using the offending Trademark and Trading style "STAR FAST FOOD" or any other mark or marks which are similar or in any way deceptively similar to or a colorable imitation of t...
...Procedure, 1908, Section 135 of the Trade Marks Act, 1999, and Section 22 of the Designs Act, 2000, seeking a temporary injunction. The prayer was to restrain the defendant from using the..., considered I.A. No. 04 of 2024 filed under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 and Section 135 of the Trade Marks Act, 1999 in C.S. No. ...Section 134 of the Trade Marks Act, 1999, seeking reliefs for infringement of its registered trademark and trade name. In the said suit, the plaintiff prayed for permanent injunction against the...