Showing : 1-10 of 24 Results

SUPREME COURT OF INDIA
Year of decision: 2017
Details
Trade Marks Act, 1999, Section 135, 2(1)(zg), 11(6), 11(9)-- Infringement of Trade Mark - Trade mark in question not acquired degree of goodwill, reputation and market of popularity in Indian market, so as to vest in plaintiff necessary attributes of right of a prior user and successfully maintain an action of passing off even against a registered owner -..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Trade Marks Act, 1999, Section 142-- Trade mark - Territoriality principle - Determination of - Courts must necessarily have to determine if there has been a spillover of reputation and goodwill of mark used by claimant who brought passing off action - In course of such determination it may be necessary to seek and ascertain..........
DELHI HIGH COURT
Year of decision: 2017
Details
Trade Marks Act, 1999, Section 29-- Infringement of trade mark - Passing off - In the instant case, plaintiff`s `ATS' mark has acquired reputation and goodwill due to extensive use over substantial period of time - As per evidence on record, it is apparent that defendants mala fidely copied trademark `ATS' and are running website..........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 20(c), Order 7, Rule 10, Trade Marks Act, 1999, Section 134(2)-- Trade mark - Jurisdiction - Return of plaint - Material fact pleaded by plaintiff that defendants are conducting, soliciting, rendering the impugned services under the impugned trade name within the jurisdiction of Court - Plaintiff also averred that it has a corporate office in Delhi and part of..........
DELHI HIGH COURT
Year of decision: 2014
Details
Family Courts Act, 1984- - If suffers from legal lacuna or formal defect, rule of estoppel is applied to shut out plea of person, who being a party to family arrangement seeks to unsettle a settled dispute and claims to revoke family arrangement under which he has himself enjoyed some material benefits - Endeavour has to..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Constitution of India, 1950, Article 14-- Haj Committee Act, 2002, S.5 - Goodwill Haj Delegation - Nomination of members - No rational criteria fixed for selection of members - Nomination to good will Delegation as such works on patronage and granting of favours - It is violative of Art.14 - Practice of sending Haj Delegation lacks both..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13-- Eviction - Bona fide need - Landlord's son is carrying on business in shop adjacent to demised shop for last 20 years - He has developed his business there and has goodwill of business and has cultivated his customers for carrying on business in said shop - Landlord has also pleaded that both..........
DELHI HIGH COURT
Year of decision: 2011
Details
Trade Marks Act, 1999, Section 142-- Infringement of trade mark - Passing off action - Meaning thereof - Held, in a passing off action, right of plaintiff is against conduct of defendant which leads to or is intended or calculated to lead to deception - Passing-off is said to be a species of unfair trade competition or of actionable..........
DELHI HIGH COURT
Year of decision: 2011
Details
Transfer of Property Act, 1882, Section 105, Transfer of Property Act, 1882, Section 105-- Lease or licence - Plaintiff was carrying on business of cloth merchant - Business and premises given to defendant on a fixed monthly amount by clearly stating that plaintiff would not be responsible for any loss in the business and that overall control of business would be retained and supervised..........
KARNATAKA HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Legally enforceable debt - Determination - Accused had purchased goodwill of complainant in partnership and it was agreed that accused should refund advance amount paid to landlord - Held, it becomes liability on part of accused due to complainant - It cannot be said that..........

Showing : 1-10 of 24 Results