REGENT COMPUTRONICS PVT. LTD.

DHODHA HOUSE Appellant

V/S

S.K.MAINGI Respondents

Referred Judgements :-

JAWAHAR ENGINEERING COMPANY AND ORS.,GHAZIABAD V. JAWAHAR ENGINEERS PVT. LTD. SRI RAMPUR,DIST. AHMEDNAGAR,MAHARASHTRA [DISTINGUISHED]
KIRAN SINGH VS. CHAMAN PASWAN [REFERRED TO]
MORGAN STANLEY MUTUAL FUND DRARVINDGUPTA VS. KARTICK DAS:SECURITIES AND EXCHANGE BOARD OF INDIA [RELIED ON]
OIL AND NATURAL GAS COMMISSION VS. UTPAL KUMAR BASU [REFERRED TO]
EXPHAR SA VS. EUPHARMA LABORATORIES LTD [REFERRED TO]
BHARAT FORGE CO LTD VS. UTTAM MANOHAR NAKATE [RELIED ON]
HARYANA STATE CO OP LAND DEVELOPMENT BANK VS. NEELAM [REFERRED TO]
M P GOPALAKRISHNAN NAIR VS. STATE OF KERALA [RELIED ON]
TATA OIL MILLS COMPANY LIMITED VS. REWARD SOAP WORKS [REFERRED TO]
JAWAHAR ENGINEERING CO VS. JAVAHAR ENGINEERING PRIVATE LIMITED [REFERRED TO]
GOLD SEAL ENGINEERING PRODUCT PRIVATE LIMITED VS. HINDUSTAN MANUFACTURERS [REFERRED TO]

JUDGEMENT

(1.) Extent of jurisdiction of a civil court to determine a lis as regard infringement of the provision of the Copyright Act, 1957 (for short "the 1957 Act") and the Trade and Merchandise Marks Act, 1958 (for short "the 1958 Act") is in question in these appeals.

(2.) We would notice the fact of the matters separately.

(3.) According to the Appellant, the said art work/ label/ trade mark/ wrapper infringes the Appellants trade mark registration Dhodha House under Registration No. 277714-B in class 30 under the 1958 Act, as also copyright registered under the 1957 Act being registration No. A-5117 and A-5330 of 1970. The Appellant also claims it to be a prior user of the said trade mark and name and enjoys goodwill as well as reputation in respect thereof since 1960.

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DHODHA HOUSE Vs. S K MAINGI

Referred Judgements :-

JUDGEMENT

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