marketing a similar product of medicinal preparation which is nothing but an infringement of the plaintiff company's trade mark. The defendant ... appellant/ plaintiff did not make out a prima facie case of infringement and. passing off.
8. Mr. U.N.R. Rao, the learned senior counsel
exception to the general rule and allows filing of a suit for infringement of trade mark or copy right at the District Court within whose ... other civil proceeding arising under this Chapter in respect of the infringement of copyright in any work or the infringement of any other right conferred
Thereafter, Plaintiff filed the suit C.S.No.979 of 2010 for infringement and passing off and for various consequential reliefs such as rendition ... trade mark "LUXURA" and consequently, whether an action for infringement is maintainable?
(2) Whether 1st Defendant's user of the mark
after April 1, 1969."
20. These circulars show that if the infringement of the law has taken place before the amendment came into force ... apply only if it was in force on the day when the infringement of the statute took place. With respect, we are inclined to agree
lakhs and one thousand only) for the act of passing off, and infringement of trademark and copyright.
4 The plaintiff submits to be the most ... work by anyone without the consent of the plaintiff/applicant constitutes an infringement of the plaintiff's right under the Trademarks Act and Copyright
recognised that copyright is property and therefore, a suit seeking reliefs for infringement of copyright is a suit of a civil nature. If such infringement ... occurs, and the cause of action for a suit based on the infringement arises within the area of the ordinary original civil jurisdiction
application for an interim injunction restraining the defendant/ respondent from committing any infringement of its copyright in the artistic work filed as document ... Letters Patent for leave to combine the causes of action for infringement of trade mark and for passing off along with the suit for infringement
filed by the plaintiff seeking certain reliefs consequent upon the alleged infringement of copyright under Section 62 of the Copyright ... High Court has jurisdiction, because the plaintiff, who had complained of the infringement, resided and carried on his business within the local limits
arisen within the jurisdiction, of this Court inasmuch as the alleged infringement of the plaintiff's mark is only in Andhra Pradesh ... according to the learned Counsel for the defendant, the suit for infringement of a registered trade mark is filed in this Court in its capacity
Radha's Sri Andal" would still amount to an infringement of the respondent's mark. Sri V. K. Thiruvenkatachari, Counsel ... similar questions and it is, therefore, necessary to find out whether the infringement originally found still continues notwithstanding the addition of the word " Radha
