machinery, plant or furniture, being tangible assets or know-how, patents, copyrights, trademarks, licences, franchises or any other business or commercial rights of similar nature
assets, including intangible assets being goodwill, know-how, patents, copyrights, trademarks, licences, franchises or any other business or commercial rights of similar nature, whichever
Capital Controls | |
| | | |(India) Private Ltd. | |
| | | |(Respondent No.5) | |
|6. |16.11.1995 |Trademark |1. Capital Controls |No |
| | |Registered |Company Inc., (Colmar) now| |
| | |User License |Severn Trent Water ... Technical Know-how License
Agreement, the International Distributor Agreement, Exports Sales
Agreement, Trademark Registered User License Agreement and Managing
Director’s Agreement, all dated 16th
technology development agreements; (xvii) intellectual property rights relating to registered and unregistered trademarks, copyright, patent, design, domain names, geographical indications and semiconductor integrated circuits; (xviii
lakhs.
CS(OS) 1213/2011 Page 4 of 11
(v) The Trademark "STAYA" was coined by the Promoter Director
of the plaintiffs‟ companies ... projects of the plaintiffs have been promoted and
sold under the trademark "SATYA" for the last approximately
25 years.
(viii) That the plaintiffs
Limited as Royalty by attributing the same towards right to use of
Trademark, even after concluding that the assesse company was permitted ... trademarks of Google for the purpose of marketing and
distribution of AdWords program.
4 Erred in holding that the AdWords program is complex computer software
constituted in the year 1975. It applied for
registration of the trademark 'Ramdev', which was granted on 03.01.1986
being Trademark No.447700. Another ... Arvindbhai Group (40%); Hasmukhbhai Group (30%); and
Pravinbhai Group (30%). The registered trademark was assigned by
'Ramdev Masala Stores' in favour
basis that the principles relating to passing off
actions in connection with trademarks are applicable to domain names.
However, the respondent has contended that ... valuable and the potential for dispute is high.
Whereas large number of trademarks containing the same name can comfortably
co-exist because they are associated
title of
Plaintiff-Respondent No.1 had coined and invented the trademark PROFOL in
April 1998 and not applied for registration of the said trademark ... compound, namely “Propofol”.
In our opinion, to claim exclusivity of user, the trademark should normally
partake of a new creation, or if an existing word
infringed by a person who, not being the registered proprietor of the trademark or a registered a mark which is identical with, or deceptively similar ... course of trade between the goods in respect of which the trademark is registered and some person having the right, either as registered proprietor