Proprietor Of A Trade Mark Cannot Enjoy Monopoly Over The Entire Class Of Goods: SC [Read Judgment]

The Supreme Court in M/S. Nandhini Deluxe vs. Karnataka Co-Operative Milk Producers Federation Ltd., has held that the proprietor of a trade mark cannot enjoy monopoly over the entire class of goods particularly when he is not using the said trade mark in respect of certain goods falling under the same class.Factual matrixKarnataka Co-Operative Milk Producers Federation Ltd., which has been producing and selling milk and milk products, since 1985, obtained registration for their mark ‘NANDINI’....

Madras HC upholds Constitutional validity of S. 18 of Micro, Small and Medium Enterprises Development Act, 2006 [Read Judgment]

The High Court of Madras has upheld the Constitutional validity of Section 18 of the Micro, Small and Medium Enterprises Development Act, 2006.The Court was hearing a petition filed by M/s. Refex Energy Limited. The company had placed three work orders with the respondent, M/s. Passive Infra Projects P. Limited for the supply of Galvanized Steel Structures/Solar Module Mounting Structures. Subsequent disagreements led to the filing of a claim petition under Section 18 of the MSMED Act, 2006...

Infringement of Copyright/Trade Mark : When cause of action arises at a place where plaintiff carries on business, suit cannot be filed at other places where plaintiff is having branch offices ; SC

Resolving the legal nodus arising out of the interpretation of Section 62 of the Copyright Act and Section 134 of the Trade Marks Act and answering the issue whether the restriction imposed by the Explanation to Section 20 of the Code of Civil Procedure dealing with cause of action in respect of a Corporation could be read into the said provisions-the non-obstante clause notwithstanding- the Supreme Court in Indian Performing Rights Society v Sanjay Dalia & Anr- a decision rendered last...