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1 - 10 of 20 (0.24 seconds)The Code of Civil Procedure, 1908
Section 111 in The Trade Marks Act, 1999 [Entire Act]
Micolube India Ltd. vs Maggon Auto Centre And Anr. on 7 February, 2008
20. This Court finds no valid reasons to take different view
than the one taken by the Division Bench of this Court in 'Puma
Stationer P.Ltd.' (supra) and 'Micolube India Ltd.'(supra). Having
recourse to Section 151 CPC to stay the proceedings in a suit for
'passing off', as urged by the learned counsel for the defendant, is
uncalled for as Section 124 is very specific and makes it clear that it is
applicable only to suits for infringement.
Section 134 in The Trade Marks Act, 1999 [Entire Act]
Section 151 in The Code of Civil Procedure, 1908 [Entire Act]
M/S Bhagwan Dass Khanna Jewellers vs Bhagwan Das Khanna Jewellers Pvt Ltd & ... on 8 March, 2017
In 'Bhagwan Dass Khanna Jewellers Pvt. Ltd.& Ors. vs.
Bhagwan Das Khanna Jewellers' (supra), the Division Bench of this
Court observed that it is the Court's duty to frame the issue and
adjourned the case for three months and non-observance of the said
recourse cannot lead to the abandonment of the plea or the application
under Section 124 being time barred and the time limitation in such a
case shall not start running against the party. Settled position is that
the issue with respect to invalidity of the trademark is to be decided by
the Board and not by the Civil Court.
Data Infosys Ltd. And Ors. vs Infosys Technologies Ltd. on 5 February, 2016
Reliance was
placed on 'Data Infosys Ltd. & Ors. vs. Infosys Technologies Ltd.'
(Supra); 'Dabur India Ltd. vs. Alka Ayurvedic Pvt. Ltd.', 2009 (41)
PTC 614 (Del.); 'Puma Stationer P.Ltd.
Puma Stationer P.Ltd. & Anr. vs Hindustan Pencils Ltd. on 16 February, 2010
14. Again, the Division Bench of this Court in 'Puma
Stationer P.Ltdd. & Anr. vs. Hindustan Pencils Ltd.' (supra) decided
on 16.02.2010 held :