Appellate Board or on a counter-claim in a suit for infringement of the patent by the High Court on any of the following grounds
evidence to rebute the same in his favour, then there is infringement of copyright; Godrej Soaps (P) Ltd. v. Dora Cosmetics
Trade And Merchandise Marks Act, 1958
106. Reliefs in suits for infringement or for passing off.
(1) The relief which a court may grant ... suit for infringement or for passing off referred to in section 105 includes an injunction (subject to such terms, if any, as the court thinks
collisions on the high seas; (n) suits for compensation for the infringement of a patent, copyright or trade-mark; (o) suits for a dissolution
trade mark is registered and to obtain relief in respect of infringement of the trade mark in the manner provided by this
Trade And Merchandise Marks Act, 1958
105. Suit for infringement, etc., to be instituted before District Court.
- No suit- (a) for the infringement
Section 29 in The Trade And Merchandise Marks Act, 1958
29. Infringement of trade marks.
(1) A registered trade mark is infringed by a person ... being use as a trade mark. (2) In an action for infringement of a trade mark registered in Part B of the register an injunction
under section 105 or for any relief under section 106 or for infringement of a patent shall be instituted in any court inferior
Infringement of a copyright in a play in a film-What
are the tests-Whether copyright can be claimed in a theme.
Suit for damages ... infringement of a copyright-What
are the principles.
HEADNOTE:
The appellant-plaintiff is a playwright, dramatist and
producer of stage plays. The appellant had written
application seeking amendment of the plaint to incorporate an action for infringement of its registered trademark. This amendment was allowed by this Court ... Trademarks Act, 1999 enable a plaintiff to bring an action for infringement of its registered trademark at a place where it is located. This