CiteTEXT
...this Act and since the judgment/Order which is under challenge has been passed by the District Court, therefore, no remedy under Section 91 of Trade Marks Act, filing M.A. would lie to the present appellan...is not disputed that Trade Marks 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...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, ...
...Prayer: Plaint under Order IV Rule 1 of O.S Rules r/w. Order VII Rule 1 of C.P.C Section 22 of the Designs Act, 2000 and Section 134 and 135 of the Trade Marks ..., 1999 praying for a judgment and decree jointly and severally against the defendants (i) permanent injunction restraining the defendants, their servants, agents, employees, representatives, from in...infringing the plaintiff's registered Trade Mark and from in any manner selling, advertising, offering to sell, or using the plaintiff's Trade Mark; (iii) permanent injunction restraining the defendants...
...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 Marks ...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...using the offending Trade Mark and Trading style “Thalapakattu Biryani” or any other mark or marks which are similar or in any way deceptively similar to or a colourable imitation of the Plaintiff's Trade...
...has filed a suit under Section 134 & 135 of Trade Marks Act, 1999 (for short "the Act of 1999") seeking injunction against the violati...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...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...
...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 ...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...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...
...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 THE TRADE ..."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...using the offending Trade Mark and Trading style "Chennai Thalapakattu'' or any other mark or marks which are similar or in any way deceptively similar to or a colourable imitation of the Plaintiffs...
...1. The plaintiff has instituted the present suit under section 134 & 135 of the Trade Marks Act, ...trademark S. OLIVER is duly registered in favor of the plaintiff in India under the Trade Marks Act, 1999 in relation to...of Section 29 of the Trade Marks Act. Reference in this regard may also be made to...
...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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...Civil Suit filed under Order IV Rule 1 of Original Side Rules read with Order VII Rule 1 of CPC and Section 134, and 135 of the Trade marks Act, 1999, praying...any one claiming through them from in any manner infringing the plaintiffs registered Trade Mark “SHAKTHI” by using the identical and offending Trade Mark “SHAKTHI” or any other mark or marks which...are in way identical, deceptively similar to or a colourable imitation of the plaintiffs registered Trade Mark “SAKTHI” either by manufacturing or selling or offering for sale or in any manner...
...PRAYER: The Civil Suit filed under Order IV Rule 1 of Original Side Rules read with Order VII Rule 1 Civil Procedure Code and Section 134 and 135 of the Trade Marks Act..., 1999 and under Sections 55, 56, 60 and 62 of the Copyright Act 1957 for the following reliefs:—a) granting a permanent injunction restraining the defendant, its servants or...agents or anyone claiming through it from in any manner infringing the plaintiff's Registered trade mark SVR SANGEETHA by using the offending trade mark “SANGEETHA” or any other mark or marks which are...
...PRAYER: Plaint under Order IV Rule 1 of Original Side Rules read with Order VII Rule 1 of CPC read with Section 134 and 135 of the Trade Marks Act, 1999 Prayi...' Trade Mark “Madras Coffee House” by using the offending Trade Mark “Madras Coffee Shop” any other mark or marks which are similar or in any way deceptively similar to or a colourable imitation of the...plaintiffs' Trade Mark “Madras Coffee House”.B) Granting a permanent injunction restraining the defendant, their men, servants, agents or anyone claiming through or under them from in any...
...section 134 and 135 read with section 27 of the Trade Marks Act, 1999 for permanent injunction. The reli...herein did not explain the meaning of BABAL HIND as it is known in Arabic. The learned counsel also referred to Rule 33 of the Trade Marks Act, 1999. The learned counsel...Hon'ble Justice Prabha Sridevan, Chairman:— This rectification application has been filed for removal of the respondent's trade mark BABAL HIND under No. 1359845 in class-30. This 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...perpetual injunctions, rendition of accounts and damages of Rs. 3 lakhs.16. As per Section 135 of the said Act, the plaintiff cannot claim reliefs of damages as well as rendition of accounts...
...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: “...injunctions, rendition of accounts and damages of Rs.3 lakhs. 14. As per Section 135 of the said Act, the plaintiff cannot claim reliefs of damages as well as rendition of accounts...
...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...
...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,
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...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...
...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...
...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...
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Prayer: Plaint filed under Order VII Rule 1 of CPC read with Order IV Rule 1 of the Original Side Rules and Section 134 and 135 of the Trade Marks ...the Copy Rights Act, 1957 and Section 7 of the Commercial Courts Act, 2015 for (a)Granting a permanent injunction restraining the defendants, their men, servants, agents or anyone claiming through or...under them from in any manner infringing the plaintiffs' Trade Mark "Madras Coffee House" by using the offending Trade Marks " Chennai Coffee House" or " Madras Filter Coffee" or any other mark or marks...