Page 4 of 58
Defendant, on its website, or infringement
or passing off of the plaintiff‟s trademark, in
such website and the relevant criteria ... trap orders" or transactions, in relation to
passing off, or trademark infringement
cases, as constituting "use" or cause of
action
Plaint describes the action as a suit for permanent
injunction restraining infringement of registered trademark,
copyright, passing off, dilution, unfair competition, rendition of
accounts ... section of which reposes the right to obtain relief in respect
of infringement of a registered trademark to the person in
whose favour the registration
aforesaid two suits to, inter alia, seek
permanent injunction to restrain infringement of registered
trademarks, copyright, passing off, dilution, unfair competition ... above application and the same is still pending.
7. The appellants alleged infringement of trademarks under
section 29 of the Trademarks Act, 1999 (hereinafter referred
Goenka" in the aforesaid two institutions the same leads to
infringement of the registered trademark of the respondents/defendants and also
passing ... learned Single Judge are basically as follows:
(a) There is an infringement of the registered trademark "Goenka" of the
respondents/plaintiffs because
above factual background, the plaintiffs have
based their claim/cause on infringement of the registered
mark/word "LOWENBRAU" and their statutory rights under ... plaint
states that the suit of the plaintiffs is both for infringement and
passing off.
6. The plaintiff No.1's mark/word
This reference arises out of an appeal in a suit for infringement and
passing off of the trade mark SONY. The plaintiffs in the suit ... learned counsel also submitted
that under the Trade Marks Act 1999, an infringement action can be maintained
even in respect of a class of goods
device of the Plaintiff with impunity. It was contended that the
continuous infringement of the registered marks of the Plaintiff by the
Defendants was justification ... noticed hereinbefore. The suit filed by the Plaintiff is
essentially one for infringement in respect of the Plaintiff‟s trade mark
on the ground that
sought for a permanent injunction to restrain the Appellant from causing any infringement to Patent No.195904 and/or from using the technology / invention described ... motorcycle and a sum of Rs.10,50,000/- as damages for infringement of Patent No.195904. The last part of the prayer
hire without
the copyright owner's license is an act of infringement. The plaintiffs allege that the
defendant has no rental licenses ... favour and all such acts of rental amount to an
act of infringement of copyright under the provisions Section 14 (d) (ii) read with section
restrained them from
manufacturing, using or offering for sale any device in infringement
of the patent of the Plaintiff. IA No. 8372/2009 was filed ... Plaintiff was entitled to claim damages on
account of infringement of its patent, from the earliest date of
publication of the subject application
