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“Impugned artistic work is not an original artistic work and primarily consists of mark ‘BOSS’, which does not belong to Respondent 1 and even the colour scheme of petitioner is substantially imitated by Respondent 1, which will supplement the finding that the impugned registration is not an original work.”
In 2001, the appellant, Director of Education under the aegis of the Directorate of Education created by the Government of NCT of Delhi, floated a tender for the implementation of the Computer Education Project (“CEP-II”) for various government/ government aided Senior Secondary Schools, and Educomp Solutions a provider of technology-based educational products and services was awarded the contract.
A quick legal roundup to cover important stories from all High Courts this week.
“The timelines prescribed in the Patents Act, 1970 and the Patent Rules, 2003 reflect the Legislature’s intention to ensure that no unnecessary delays are caused in the process of grant of patents.”
“Commonly used words, or a non-distinctive combination of commonly used words, cannot be monopolised by any one person, so as to disentitle the rest of the world to the use thereof.”
“The petitioner was the mastermind of the criminal conspiracy, whereas the co-accused, who have been enlarged on bail, are merely middlemen who assisted the petitioner in carrying out the conspiracy.”
“If the children’s room remain open, a party to a litigation can have the benefit of visitation on Sundays and second Saturdays as well.”
The plaintiff’s case is that it uses the brand ‘WOW’ for many products, including supplements, herbal blends, creams, serums, lotions, shampoos, bath & body products, essential oils, etc.
“It is erroneous to suggest that the sale of goods is not chargeable to tax under the Delhi Value Added Tax Act, 2004, if there is no increase or accretion in the value of goods by the dealer.”
“Use of trade marks as keywords cannot, by any stretch, be construed as applying the registered trade mark to any material intended to be used for labelling or packing goods, as a business paper, or for advertising goods or services.”
“Failure to grant such injunction is bound to result in continued infringement of copyright. Accordingly, the principles of balance of convenience and irreparable loss would also justify grant of interim injunction as sought.”
“The continued use of the impugned mark will affect the purity of the registered trade mark as the same is likely to cause deception and confusion, in terms of Section 11(2) and 11(3) of the Trade Marks Act, 1999.”
“When the petitioner was issued provisional appointment letter, it was mentioned that his appointment was provisional and if his claim in the Verification Roll was found to be false, his services would be terminated. However, the petitioner took these warnings nonchalantly.”
“When a case is committed by the Court of Magistrate to the Court of Session, the Magistrate becomes functus officio and any evidence recorded therein cannot be held to be admissible for the purposes of a de novo trial before the committal Court.”
The grievance of RSPL Limited is the use of the mark EXPERT and depiction of the partial clock on the detergent packaging of the defendants as also the use of the word expert and use of the elongated X and DX.
Earlier, the Court had granted him interim bail on medical grounds on 26-05-2023 and was further extended till 01-09-2023.
“Spa services have a requirement for high quality, best hygiene, safety/security of customers and if unauthorized use of plaintiff’s mark ‘ANGSANA’ is permitted to be used, the same will result in severe erosion of its goodwill.”
The present case confronts the situation where the father of the minor child had fortunately found his daughter who came back to the fold of his lawful guardianship, but not without facing hardships and stress as he did not know the progress of the case.
“NewsClick’s plea of financial stringency based on its balance-sheet inspires no confidence as according to the Assessing Officer the accounts have not been properly maintained.”
“Defendants’ act of adopting mark which is structurally and visually nearly identical to that of plaintiff along with a trade dress which is also imitative of that of plaintiff, indicates that defendants have strained every nerve to come as close to plaintiff as possible.”