again wondered whether the word mark O2, is a partnership firm
or a trade name or a trade mark or a device. Its had been ... wherein the witness had stated that the mark O2 Health Studio was
unregistered as on the date of the suit and the assignment deed wherein
declare the Plaintiff's Trade Mark TEXMO as a well-known Trade Mark; (E) To grant order of delivery up of any brochures / printed ... under Sub Section (xvii), intellectual property rights relating to registered and unregistered Trade Marks, Copyright, Patent, Design, Domain names, Geographical indications and semi-conductor integrated
Rules R/W sections 142 and 134 of the Trade Marks Act, 1999, praying
a) to declare that the threats carried out by the defendant ... infringement of its registered Trade Marks, KANTAFLEX & KANTA and the unregistered Trade Mark KANTASYSTEMS; and also with regard to the alleged passing
infringement of a registered trade mark; or
(b) relating to any right in a registered trade mark; or
(c) for passing off arising ... trade mark which is identical with or deceptively similar to the plaintiff's trade mark, whether registered or unregistered, shall be instituted
first inspection namely, 23.07.2015. Therefore, it is contended that operating from an unregistered place of business is in violation of the statutory provision ... Supreme Court in the case of Whirlpool Corporation vs. Registrar of Trade Marks, Mumbai & Ors. , [AIR 1999 SC 22]; Tin Plate Co of India
would not be a bar, even if the firm is
unregistered on the date of suit. The position in the
present case is not different ... suit is based on
infringement of statutory rights under the Trade
Marks Act . It is also based upon the common law
principles of tort applicable
passing off qua suit TM, Section 134(1) of ' Trade Marks Act, 1999 ', ('TM Act'
for brevity) is attracted. Learned counsel also ... reads as follows:
'(xvii) intellectual property rights relating to registered and
unregistered trademarks, copyright, patent, design, domain names,
geographical indications and semi-conductor integrated
infringing mark "LUXURIA". 1st Defendant is using almost identical trade mark "LUXURIA" prominently displayed on the buses in the same position ... learned single Judge, 1st Defendant himself had applied for registration of trade mark "LUXURIA" under Classes 39 and 35 despite the fact that
name
ARUN, since, the defendant is said to be using the Trade
name AARUN. The issues raised, comes within the
Commercial Division of this Court ... trademark. Therefore, sub-section (1) of Section 134 of '
Trade Marks Act, 1999 ' (' TM Act' for brevity) will apply
mean that same is accepted by Court-
Plaintiff in suit case, marking of unregistered partition deed by trial Court
for collateral purpose.?
13.The learned ... trial
Court should not have ?marked? as exhibits the Xerox copies of the
certificates of registration of trade mark in face in the objection raised
