Section 135 in The Trade Marks Act, 1999
135. Relief in suits for infringement or for passing off.—
(1) The relief which a court ... grant in any suit for infringement or for passing off referred to in section 134 includes injunction (subject to such terms
Trade And Merchandise Marks Act, 1958
106. Reliefs in suits for infringement or for passing off.
(1) The relief which a court may grant ... infringement of a trade mark, the infringement complained of is in relation to a certification trade mark; or (b) where in a suit for infringement
respondent
instituted a suit before the High Court of
Delhi (Suit No. 1612 of 1989) for
infringement of trade mark, rendition of
accounts of profit ... infringement suit, the said
question has to be decided in a
rectification proceeding and not in the
suit. The suit will remain stayed
Section 107 in The Patents Act, 1970
107. Defences, etc., in suits for infringement.—(1) In any suit for infringement of a patent every ground ... shall be available as a ground for defence.
(2) In any suit for infringement of a patent by the making, using or importation
said suit to a
Larger Bench in view of the order of reference passed in the other suit..
3. Accordingly, the captioned suits were placed ... view, fails to appreciate the nature of the suit. The suit for infringement
seeks to assert the monopoly rights of the plaintiff based
Section 108 in The Patents Act, 1970
108. Reliefs in suit for infringement.—(1) The reliefs which a court may grant in any suit
registration
of the plaintiff's trade mark in an infringement
suit?"
2. The learned Single Judge felt the need to make this
reference ... that in a suit for
infringement of patent or infringement of a registered design, a
defense in the suit itself could be taken which would
Defendant contended that no suit for infringement of
design could lie against them since they had secured design registration and
also that an action ... Defendant that where a Defendant puts forth in defence in an
infringement suit, the factum of registration (no matter how illegal, absurd,
shocking or fraudulent
suits”. In these suits, he impleaded, inter alia, Yogesh Mehra, Ajay Mehra and
4
Enercon India Limited. We are informed that the first such suit ... infringement suits”. Illustratively, in response to the first suit bearing no.
1349 of 2009, the “counter-claim” was filed on 9.9.2009; to the suit bearing
Patents Act, 1970
104A. Burden of proof in case of suits concerning infringement.—(1) In any suit for infringement of a patent, where the subject
