account of the provisions of
Section 134(2) of the Trademarks Act, 1999 and Section 62(2) of the
Copyright Act, 1957. The specific plea ... virtue of the
provisions of Section 134(2) of the Trademarks Act, 1999 and Section 62(2)
of the Copyright Act, 1957. While doing
trademarks as keywords in the Ads Programme amounts to 'use' of the
trademarks under the TM Act, which may amount to infringement ... trademark, Veda, as a keyword was not a use of a
trademark as contemplated under the Trade Marks Act, 1995 . The
Court held that
Trademarks Act, 1999 (Act 47 of 1999) with effect from 15th
September, 2003.
21. Section 33(1) of the Trademarks Act, 1999 also provides that ... 2013 Page 8 of 14
trademark for a continuous period of five years. Section 33(1) of the
Trademarks Act, 1999 is set out below
Trade Marks Act, 1999 (hereafter 'the TM
Act') provides that a registered trademark is infringed by a person who,
not being a registered ... trademarks under the TM Act as well. Section 12 of
the TM Act contemplates registration of identical or similar trademarks
in favour of more than
Page 9 of 15
14. Section 2(1)(zg) of the Trademarks Act, 1999 defines the term "well-
known trademark" as under ... sale of the
goods or service carrying such a trademark.
*** *** *** ***
13. Trademarks Act, 1999 does not specify the factors which
the Court needs to consider
sponsored link and those covered under the trademark are similar,
Section 29(4) of the Trademarks Act would have no application. This
Court had rejected ... trademarks as
keywords per se constitutes infringement of the trademark. There was
nothing illegal in Google using the trademarks as keywords for display
of advertisements
sponsored link and those covered under the trademark are similar,
Section 29(4) of the Trademarks Act would have no application. This
Court had rejected ... trademarks as
keywords per se constitutes infringement of the trademark. There was
nothing illegal in Google using the trademarks as keywords for display
of advertisements
respondent's trademarks as keywords constituted
infringement under Section 29(2) of the Trademarks Act and in terms
This is a digitally signed order ... 2023 at 22:41:53
of Section 29(3) of the Trademarks Act, it is presumed that such use
would cause confusion. Second, he submitted
under Sections 29(8) and 30(1) of the TradeMark Act,
1999. The impugned advertisements are contended to be detrimental to the
distinctive character
applied the
principles encapsulated in Section 30(2)(e) of the Trademarks
Act.
26. With respect to, in our view, the judgment in Tobu
Enterprises ... Designs Act. In our
opinion, the manner in which the scheme of the Designs Act
operates, a decree passed in a suit for infringement, shall
