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1 - 10 of 19 (0.25 seconds)Godfrey Phillips India Ltd. vs Girnar Food & Beverages Pvt. Ltd. on 5 December, 1997
Indeed, as the Supreme Court
has observe in Godfrey Philips India Ltd. Vs. Girnar Food
and Beverages Pvt. Ltd. Manu/SC/0541/2004, a
descriptive trademark may well be entitled to protection, if
it has come to assume a secondary meaning, which
identifies a particular product or products as coming from
a particular source."
The Indian Evidence Act, 1872
Section 29 in The Trade Marks Act, 1999 [Entire Act]
The Copyright Act, 1957
Section 14 in The Copyright Act, 1957 [Entire Act]
THE COMMERCIAL COURTS ACT, 2015
The Trade And Merchandise Marks Act, 1958
Bennett, Coleman & Company Limited vs E! Entertainment Television Llc on 31 May, 2023
8. All trade marks were registered in favour of the
plaintiff on its address as H-118, East Moti Bagh, Sarai Rohila,
Delhi. The Government of NCT of Delhi, Directorate of Ayush
CS (COMM) No.: 1923/21
Tulison Pharma Vs. Dr. Nise Pvt. Ltd. Page No. 13/33
~ 14 ~
granted license Ex. PW1/7 to plaintiff to manufacture Ayurvedic
medicine at premises no. H - 118, Sarai Rohila, Delhi. All the
invoices placed on record from 1993 to 2022 find the same
address of the plaintiff. The documents show that plaintiff is
doing business in the area of Sarai Rohila which is in the
territorial jurisdiction of this court and hence with the help of
Section 134 of Trade Marks Act, 1999, this court has jurisdiction
to decide the case. This finding gains support from the following
observations of Hon'ble Delhi High Court in "Bennet, Coleman
& Company Limited Vs. E! Entertainment Television LLC.",
CS (COMM) No. 253/2019, decided on 31.05.2023 :-
Living Media India Limited vs Jitender V. Jain And Anr. on 21 May, 2002
In "Living Media India Limited Vs. Jain and Anr",
98 (2002) DLT 430, following was held by Hon'ble Delhi High
Court :-