ignored while comparing the two
Trademarks for alleged violation of the Trademarks Act, 1999
and the Copyright Act, 1957 ;
(j) that the trademark search ... plaintiff‟s trademark is a well known trademark within
the meaning of Section 2(1)(zg) of the Trademarks Act;
(ix) that the Division Bench
filed the suit alleging infringement of trademark in
this Court by invoking Section 134 of the Trademarks Act. The plaintiff
M/s RSPL ... Trade Marks Act and Section 62(2)
of the Copyright Act. Thus, the plaintiff may file a
suit for infringement of trademark/copyright either
well-known trademarks as envisaged in section 2(1)(zg) and section 11(6) of
The Trademarks Act, 1999. Within India the plaintiff owns numerous ... clear case of dilution of the trademark
of the plaintiff attracting section 29(4) of the Trademarks Act. It is pleaded
that dilution may also
necessary for the protection of a
well known trademark, as a result of
infringement.
Trademarks Act, 1999 does not specify
the factors which the Court ... registered trademark
and the impugned trademark, that would be sufficient to
constitute infringement within the meaning of Section 29 of
the Trademarks Act
2007 Page 2 of 20
known trademark within the meaning of Section 2(1)(zg) of
the Trademarks Act.
2. The defendant filed an application ... suit
for infringement of the registered trademarks of the plaintiff.
Section 134(2) of Trademarks Act, 1999, to the extent it is
relevant provides that
made out under the Copyright Act, 1957 as the
object and reasons of the Copyright Act provide that the Act is applicable to
Crl. Misc ... provisions of said Act
had been wrongly invoked. The Act not being applicable, no offence is
made out under the Copyright Act
trademark were distributed in major parts of the country. The plaintiff's trademark/logo 'Marc' was duly registered under the Trademark Act ... plaintiff had exclusive right over the trademark within the meaning of Section 28 and 29 of the Trademark Act and the plaintiff filed number
Registrar of Trademarks for recording of Assignment of Trademarks. It had also obtained licence under the Drugs & Cosmetics Act to sell the stock ... claimed that deduction under Section 35A of the Act should be allowed on trademarks acquired by the assessee, but the Tribunal has allowed the deduction
said trademarks including
copyrights in the Logos/legends of the trademarks and
the packaging material being used with those
trademarks. The Plaintiff also has registrations ... covered by the earlier
trademark if it is shown that the earlier
trademark is a well known trademark. 12
xviii. The mere fact that
Act"], the Trade and Merchandise Marks Act, 1958 [hereafter referred to as the
"1958 TM Act"], the unamended Trademarks Act ... Amended) TM Act does not fulfil this
test. Although the 1999 (Amended) TM Act makes provisions concerning
substantive aspects of trademark law, it does
