CONSTITUTION OF INDIA AND AS CONTRARY TO THE
TRADEMARKS ACT 1999, THE LEGAL METROLOGY [PACKAGED
COMMODITIES] RULES 2011 AND NOTIFICATION 1272/1962
ISSUED UNDER TRADEMARKS ... CONSTITUTION OF INDIA AND AS CONTRARY
TO THE TRADEMARKS ACT, 1999, THE LEGAL METROLOGY
(PACKAGED COMMODITIES) RULES, 2011 AND NOTIFICATION
1272/1962 ISSUED UNDER TRADEMARKS
FAILS TO HOLD THAT
THE COMMERCIAL SUIT IS BARRED UNDER THE TRADEMARKS
ACT, 1999 AND THE RESPONDENT HAS NO CAUSE OF ACTION
TO INSTITUTE ... Trademark/passing off, is not
20
1978 SCC Online MP 99
31
maintainable in view of section 53 of the Trademarks
Act
FAILS TO HOLD THAT
THE COMMERCIAL SUIT IS BARRED UNDER THE TRADEMARKS
ACT, 1999 AND THE RESPONDENT HAS NO CAUSE OF ACTION
TO INSTITUTE ... Trademark/passing off, is not
20
1978 SCC Online MP 99
31
maintainable in view of section 53 of the Trademarks
Act
Merchandise Act and Section 63 of the Copyright Act.
11. Section 78 of the Act prescribes penalty for applying false trademarks, trade descriptions ... trademark and falsely applying trademarks is stated to be committed when a person without the assent of the proprietor of the trademark applies such trademarks
accordingly his interest
is covered under Section 35 of the Trademarks Act, 1999.
4. In support of the claim, the appellant-plaintiff had
produced documents ... person in this regard.
10
10. Section 35 of the Trademark Act reads as follows:
"35. Saving for use of name, address or
description
property
including its trademark/tradename, the appellant got
registered the trademark 'Rainbow' and other 18
registrations. The registered trademark under 'Rainbow ... statutory rights,
protections and remedies as available under the
Trademarks Act, 1999 ('the Act' for short). The appellant
has successfully obtained ad-interim
property
including its trademark/tradename, the appellant got
registered the trademark 'Rainbow' and other 18
registrations. The registered trademark under 'Rainbow ... statutory rights,
protections and remedies as available under the
Trademarks Act, 1999 ('the Act' for short). The appellant
has successfully obtained ad-interim
violated complainant's
celebrity rights under Indian Copy Right Act, Trademark Rights,
publicity rights, privacy and personal rights. She has admitted of
having collected ... trademark. Rightly, the Investigating Officer
- 12 -
has not registered the case for any of the offences alleged in the
complaint under the Trademark Act
Sections
CRL.P.NO.1545/2015
7
64, 77 of the Trademarks Act , Sections 482 to 485 and
420 of I.P.C., Sections ... Act and Section 63 of the Copyright Act.
The learned Magistrate failed to note that from 1993 till
2000 the registration of the trademark
have also secured copyright for its
"Flying Tiger" under copyright Act 1957. T _
commenced and has eontinu0_u.s1y_ used ... 1tsr'
using identical anrl/-of decep'tively~"sirnilar
trademarks?
2} Do they further"'pi7o.ve--,that:Vthejvlalbels, wrappers
