Bench:V. Ramaswami
2 IP cases indexed. Covers copyright, trademark matters.
Cases Presided Over
2 cases indexed | Page 1 of 1
State Of Madras v.A.L.S. Productions
The State of Madras challenged the Sales Tax Appellate Tribunal's finding that contracts between producers (assessees) and advertisers were 'works contracts,' not sales. The dispute centered on whether the production and supply of advertisement films constituted a taxable sale under the Madras General Sales Tax Act, 1959. The court ultimately agreed with the Tribunal, holding that since the advertiser retained ownership and exploitation rights under the Copyright Act, the contract was a service agreement.
F. Hoffmann-La Roche & Co. Ltd. v.Geoffrey Manners & Co. Pvt. Ltd.
The petitioner sought rectification of the trade mark register to remove the respondent's mark 'DROPOVIT', alleging it was deceptively similar to their registered mark 'PROTOVIT'. The case also involved determining if 'DROPOVIT' was a descriptive or invented word. The Supreme Court dismissed the appeal, finding no reasonable probability of confusion and confirming that 'DROPOVIT' was an invented word.
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