false
trademark on similar gods with the name Laminated Veneer Lumber
and thereby was committing offence u/s.103/104 of Trademark Act ... could not have been registered as a trademark u/s. 9 of the Trademark
Act, 1999. It is also argued that the trademark
device) within the scope
of Section 2(1)(z)(e) of Trademarks Act.
6. Plaintiff claims to have gathered the information of
defendant ... claims it contrary to the
purview of Section 11 of Trademarks Act 1999, as the plaintiff's
registered trademark was directly copied by defendant
Copyright Act ') and Sections 103 / 104 of Trade Marks Act,
1999 (hereinafter referred to as the ' Trademarks Act /TM Act ... Copyright Act
and Sections 103 / 104 of the Trademarks Act inter alia against the
revisionist. Needless to mention, the revisionist has further
impugned the consequent
trademark as a trademark which is actually on the register and remaining in
force. Assignment in terms of Section (i) (b) of the Trademarks Act ... been entered on the
register of the trademark.
23. Further Section 31 (1) of the Trademarks Act 1999 prescribes that in all
legal proceedings relating
exclusive
rights to use the said trademark(s) under the provisions of
Section 28 of the Trademarks Act, 1999. It has been a recipient ... trademark 'Bata' has been
declared as the well known trademark under Section 2 (1) (zg)
of the Trademarks Act, 1999 by the High
substantiate that plaintiff's
trademark is a well known trademark. Section 2 (zg) of the
Trademarks Act, 1999 defines the meaning ... penalties, prison sentences and fines (like under
the Trademarks Act, the Copyrights Act, Designs
Act, etc) and such provisions invariably cap the
amount of fine
registered
trademark is not infringed where the use of registered trademark,
being one of two or more trademarks registered under this Act
CS (Comm ... using the
impugned trademark.
23. Plaintiff, in the instant matter, is registered trademark
holder for trademark PLASTO/PLASTO Label vide different
trademark certificates for different
dealing with criminal matter i.e.
infringement of trademark u/s 78/79 Trademark Act. In this regard, Ld counsel
for complainant has relied upon ... those goods to which
falsely trademark was applied in huge quantity.
28. Section 79 of Trademark Act 1958 provides as under:-
"Penalty for selling
which were
bearing trademark "Tarek". It is the case of prosecution that the
trademark was deceptively similar to the trademark of the complainant ... goods bearing false trademark, the accused Sandeep Chauhan is liable
to be charged for the offence u/s.104 of Trademark Act, 1999.
16. Contention
falsify any genuine trademark by alteration, addition, defacement
etc., it shall be falsifying trademark. Subsection (2) of section 102 of
Trademark Act, 1999 provides that ... above said articles with identical trademark/deceptively similar
trademark, section 103 & 104 of the Trademark Act, 1999, gets
attracted. There is a registered trademark
