Law: Trade Marks Act, (V of 1940)

Section: 8

(a) Copyright Ordinance (XXXIV of 1962)---S. 3---Copyright---Meaning and definition.. Meaning of Copyright is well illustrated in section 3 of the Copyright Ordinance, 1962 where different acts pertaining to literary, dramatic, musical or cinematographic works relating to Copyright Ordinance are covered. Copyright is usually defined as the exclusive right of printing or otherwise multiplying copies of an intellectual production and of publishing and vending the same; the right of preventing all others from doing so. As such rights can be enjoyed in their entirety only by virtue of statutory provisions, the term is synonymous with statutory copyright. Copyright may be accurately defined as the right granted by statute to the proprietor of an intellectual production to the exclusive use and enjoyment to the extent specified in statute. Copyright in general may be defined as the exclusive right of multiplying copies of an original work or composition. Corpus Juris Scandium quoted. (b) Trade Marks Act (V of 1940)--Ss. 8(b) & 6(d)---Civil Procedure Code (V of 1908), O.XXXIX, Rr. 1 & 2---Reficsal of temporary injunction by the District Judge during pendency of case---Appeal to High Court---High Court observed that applications for registration of the Trade Mark "Mecca Cola" on behalf of both the parties were already sub judice before the Registrar, Trade Marks, who was an expert in the relevant area, it was for him to see the consequences and the implication of the use of trade mark and while doing so he shall, without any prejudice, keep in view the observations of the High Court as to whether name of a famous city "Mecca" having an emotional attachment with the Islamic faith could be appropriated alongwith the word "Cola" as a trade mark as if the word was a coined word used alongwith a word descriptive of the goods and whether use of the word "Mecca" would be covered by the prohibition of S.8(b) of the Trade Marks Act, 1940 and what effect shall have S.6(d) of the Act against such a name---"Mecca" was not an inventive word and "Cola" too did not appear to be a coined word---While the decision of the Registrar, Trade Marks was awaited,, both the parties…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492