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▪اگر موٹر سائیکل پر تین افراد سوار ہوں اور حادثہ ہوجائے تو اس حادثے کے ذمہ دار موٹرسائیکل والے ہوں گے۔
2001 CLJ 540
▪پولیس کی ذمہ داری ہے کہ وہ گواہ کا بیان زیر دفعہ 161 جلد سے جلد ریکارڈ کریں۔
▪16 سال کی لڑکی کو بھلا پھسلا کر نکاح کرنا جرم ہے جس کی سزا 07 سال قید ہے.
361 PPC
▪اگر کسی نے لاؤڈ اسپیکر لگا رکھے ہوں یا تنگ گلی سے روزانہ جانور گزارتا ہو تو اس کا یہ عمل اسپیشل مجسٹریٹ سے رجوع کرکے ختم کروایا جاسکتا ہے۔
1992 PCLRJ 385
▪ لڑکی کا کسی غیر محرم مرد کے ساتھ ناجائز تعلق رکھنا سنگین جرم ہے۔
PLD 2017 FSC 63
فیملی عدالت متعلقہ ایس ایچ او کو کسی بھی فریق کے درست پتہ کے تعین کے لیے حکم دے سکتی ہے۔
2018 CLC Note 51
Concealment of facts is also a type of FRAUD
.2015 - CLC - 39
Criminal trial.
Person is presumed to be innocent until proven guilty.
2021 MLD 1597
ایف آئی آر میں تاخیر - چشم دید گواہ کا بیان نہ ہونا - برآمدگی کا عینی شاہد نہ ہونا - خون آلود کپڑوں کی عدم بازیابی - ڈی این اے رپورٹ کی عدم دستیابی - ضمانت منظور
- {PLJ-2021-Cr.C 888} -
Pre-arrest bail--- Merits of the case---While granting pre-arrest bail even the Merits of the case could be touched upon.
2021 SCMR 130
PLD 2021 SC 898
عویٰ سامان جہیز کا فیصلہ کرتے وقت دلہن کے والدین کے ذرائع آمدن کو مد نظر رکھنا ضروری ہے.
2020 YLR 282.
رواج کے مطابق والدین اپنی بیٹیوں کو اپنی حیثیت سے زائد سامان جہیز دیتے ہیں.
2019 YLR 1862.
اگر خاوند سامان جہیز لینا تسلیم کرے تو سامان جہیز کی لسٹ تیار کرنا اور سسرال کے دستخط حاصل کرنا ضروری نہ ہے.
2020 YLR 332.
سامان جہیز اور شادی پر ملنے والے تحائف دلہن کی ملکیت ہوں گے. خاوند کلیم نہیں کر سکتا.
2020 SCMR 269.
2020 YLR 2350.
دعویٰ سامان جہیز اور طلائی زیورات کے لئے 3 سال کی معیاد مقرر ہے.
2016 CLC 313.
Few Grounds for Dismissal of a suit for Specific Performance:
1. Handwriting expert reported that signature are forged. (2012 CLC 1699)
2. Two attested witnesses were not produced. (2006 CLC 571)
3. Agreement was written by unlicensed person. (2006 CLC 571)
4. Stamp paper was not issued by stamp vendor . (2012 MLD 535)
5. Dates of purchasing stamp paper and endorsement were different. (2011 YLR 404)
6. Purchaser of stamp paper was not produced as witness. (2011 MLD 404)
7. Stamp paper was issued on one date in favour of an unknown person and was executed on another date. (PLD 2008 Queta 01)
8. Payment of whole consideration was paid before execution. (2006 YLR 2446)
9. Scribe was not a registered Waseeqa Navees. (2006 CLC 1444)
10. Register of scribe belongs to another person wherein various pages and serial number were missing. (2006 CLC 1444)
11. Contradiction as to vanue where bargain took place. (2006 CLC 1444)
12. Contradiction as to person who obtained stamp paper. (2006 CLC 1444)
13. Plaintiff failed to produce bank record as to payment of half money. 2006 MLD 886
14. Date, Time, Month and Place of transaction was not given in pleading or evidence. (2005 YLR 2655)
15. Number of N.I.C was different from number on agreement. (2002 CLC 942)
16. Land was situated at a place whereas stamp paper was purchased from another place. (2002 CLC 942)
17. Neither vendor of stamp paper nor scribe was produced. (2001 YLR 2145)
18. Agreement was scribed on plain paper and was written by unlicensed petition-writer whereas both were available as nearby place. ( 1996 MLD 562)
19. Stamp paper was purchased at one date and executed after one week, stamp paper neither showed name of stamp vendor nor the place from where it was purchased. (1992 CLC 2193)
20. Failure to deposit balance amount. (PLD 2002 Lah 88, 2012 CLC 1392)
21. Two marginal witnesses were not produced. (2013 YLR 903, 2009 SCMR 740)
22. Payment of consideration not proved.(2006 YLR 1039 )
23. Document was not put before witness. (2006 MLD 1622)
24. One witness was not produced without any reason/ explanation. (2006 MLD 1622)
25. Scribe admitted that alleged promisor was not present at the time of execution neither he signed before him. (2006 MLD 1622)
26. Claim of plaintiff valuing 25 lac was based on a document which was not registered. (2011 CLC 309)
27. Agreement was signed twice. (2011 CLC 309)
28. Original agreement to sell not produced…loss of agreement not pleaded….no attempt was made to produce secondary evidence…plaintiff was not confronted with…Executant defendant was not identified by anyone. (2005 YLR 463)
*Reinvestigation, further investigation or transfer of investigation is permissible even after submission of challan till the time the trial is concluded.*
*If some new facts discovered warranting reinvestigation or further investigation or new evidence is discovered or previous investigation have been conducted unilaterally without associating the actual culprit involved and without trying to identify and ascertain the person responsible for committing the crime or further material relating to the case is required or previous investigation is malafide or in excess of jurisdiction.*
*2022 PCrLJ 83*
Overview of Trademark Law
1. What is a trademark?
2. What sources of law govern trademarks?
3. What prerequisites must a mark satisfy in order to serve as a trademark?
4. How do you acquire rights in a trademark?
5. What does it mean to register a trademark?
6. Can trademark rights be lost?
7. What constitutes trademark infringement?
8. What constitutes trademark dilution?
9. What other potential causes of action are there?
10. What defenses are there to trademark infringement or dilution?
11. What remedies are there for trademark infringement or dilution?
12. List of additional on-line sources
1. What is a trademark?
A trademark is a word, symbol, or phrase, used to identify a particular manufacturer or seller's products and distinguish them from the products of another. 15 U.S.C. § 1127. For example, the trademark "Nike," along with the Nike "swoosh," identify the shoes made by Nike and distinguish them from shoes made by other companies (e.g. Reebok or Adidas). Similarly, the trademark "Coca-Cola" distinguishes the brown-colored soda water of one particular manufacturer from the brown-colored soda of another (e.g. Pepsi). When such marks are used to identify services (e.g. "Jiffy Lube") rather than products, they are called service marks, although they are generally treated just the same as trademarks.
Under some circumstances, trademark protection can extend beyond words, symbols, and phrases to include other aspects of a product, such as its color or its packaging. For example, the pink color of Owens-Corning fiberglass insulation or the unique shape of a Coca-Cola bottle might serve as identifying features. Such features fall generally under the term "trade dress," and may be protected if consumers associate that feature with a particular manufacturer rather than the product in general. However, such features will not be protected if they confer any sort of functional or competitive advantage. So, for example, a manufacturer cannot lock up the use of a particular unique bottle shape if that shape confers some sort of functional advantage (e.g. is easier to stack or easier to grip). Qualitex Co. v. Jacobson Products Co., Inc., 115 S. Ct. 1300 (1995).
Trademarks make it easier for consumers to quickly identify the source of a given good. Instead of reading the fine print on a can of cola, consumers can look for the Coca-Cola trademark. Instead of asking a store clerk who made a certain athletic shoe, consumers can look for particular identifying symbols, such as a swoosh or a unique pattern of stripes. By making goods easier to identify, trademarks also give manufacturers an incentive to invest in the quality of their goods. After all, if a consumer tries a can of Coca-Cola and finds the quality lacking, it will be easy for the consumer to avoid Coca-Cola in the future and instead buy another brand. Trademark law furthers these goals by regulating the proper use of trademarks.
2. What sources of law govern trademarks?
Trademarks are governed by both state and federal law. Originally, state common law provided the main source of protection for trademarks. However, in the late 1800s, the U.S. Congress enacted the first federal trademark law. Since then, federal trademark law has consistently expanded, taking over much of the ground initially covered by state common law. The main federal statute is the Lanham Act, which was enacted in 1946 and most recently amended in 1996. 15 U.S.C. §§ 1051, et seq.. Today, federal law provides the main, and by and large the most extensive, source of trademark protection, although state common law actions are still available. Most of the discussion in this summary focuses on federal law.
3. What prerequisites must a mark satisfy in order to serve as a trademark?
In order to serve as a trademark, a mark must be distinctive -- that is, it must be capable of identifying the source of a particular good. In determining whether a mark is distinctive, the courts group marks into four categories, based on the relationship between the mark and the underlying product: (1) arbitrary or fanciful, (2) suggestive, (3) descriptive, or (4) generic. Because the marks in each of these categories vary with respect to their distinctiveness, the requirements for, and degree of, legal protection afforded a particular trademark will depend upon which category it falls within.
An arbitrary or fanciful mark is a mark that bears no logical relationship to the underlying product. For example, the words "Exxon," "Kodak," and "Apple" bear no inherent relationship to their underlying products (respectively, gasoline, cameras, or computers). Similarly, the Nike "swoosh" bears no inherent relationship to athletic shoes. Arbitrary or fanciful marks are inherently distinctive -- i.e. capable of identifying an underlying product -- and are given a high degree of protection.
A suggestive mark is a mark that evokes or suggests a characteristic of the underlying good. For example, the word "Coppertone" is suggestive of sun-tan lotion, but does not specifically describe the underlying product. Some exercise of imagination is needed to associate the word with the underlying product. At the same time, however, the word is not totally unrelated to the underlying product. Like arbitrary or fanciful marks, suggestive marks are inherently distinctive and are given a high degree of protection.
A descriptive mark is a mark that directly describes, rather than suggests, a characteristic or quality of the underlying product (e.g. its color, odor, function, dimensions, or ingredients). For example, "Holiday Inn," "All Bran," and "Vision Center" all describe some aspect of the underlying product or service (respectively, hotel rooms, breakfast cereal, optical services). They tell us something about the product. Unlike arbitrary or suggestive marks, descriptive marks are not inherently distinctive and are protected only if they have acquired "secondary meaning." Descriptive marks must clear this additional hurdle because they are terms that are useful for describing the underlying product, and giving a particular manufacturer the exclusive right to use the term could confer an unfair advantage.
A descriptive mark acquires secondary meaning when the consuming public primarily associates that mark with a particular producer, rather than the underlying product. Thus, for example, the term "Holiday Inn" has acquired secondary meaning because the consuming public associates that term with a particular provider of hotel services, and not with hotel services in general. The public need not be able to identify the specific producer; only that the product or service comes from a single producer. When trying to determine whether a given term has acquired secondary meaning, courts will often look to the following factors: (1) the amount and manner of advertising; (2) the volume of sales; (3) the length and manner of the term's use; (4) results of consumer surveys. Zatarain's, Inc. v. Oak Grove Smokehouse, Inc., 698 F.2d 786 (5th Cir. 1983).
Finally, a generic mark is a mark that describes the general category to which the underlying product belongs. For example, the term "Computer" is a generic term for computer equipment. Generic marks are entitled to no protection under trademark law. Thus, a manufacturer selling "Computer" brand computers (or "Apple" brand apples, etc.) would have no exclusive right to use that term with respect to that product. Generic terms are not protected by trademark law because they are simply too useful for identifying a particular product. Giving a single manufacturer control over use of the term would give that manufacturer too great a competitive advantage. Under some circumstances, terms that are not originally generic can become generic over time (a process called "genericity"), and thus become unprotected.
4. How do you acquire rights in a trademark?
Assuming that a trademark qualifies for protection, rights to a trademark can be acquired in one of two ways: (1) by being the first to use the mark in commerce; or (2) by being the first to register the mark with the U.S. Patent and Trademark Office ("PTO"). 15 U.S.C. § 1127(a). Remember, however, that descriptive marks qualify for protection (and can be registered) only after they have acquired secondary meaning. Thus, for descriptive marks, there may be a period after the initial use of the mark in commerce and before it acquires secondary meaning, during which it is not entitled to trademark protection. Once it has achieved secondary meaning, trademark protection kicks in.
The use of a mark generally means the actual sale of a product to the public with the mark attached. Thus, if I am the first to sell "Lucky" brand bubble-gum to the public, I have acquired priority to use that mark in connection with the sale of bubble-gum (assuming that the mark otherwise qualifies for trademark protection). This priority is limited, however, to the geographic area in which I sell the bubble gum, along with any areas I would be expected to expand into or any areas where the reputation of the mark has been established. So, for example, if I sell pizza in Boston under the name "Broadway Pizza," I will probably be able to prevent late-comers from opening up a "Broadway Pizza" within my geographic market. But I will not be able to prevent someone else from opening a "Broadway Pizza" in Los Angeles.
The other way to acquire priority is to register the mark with the PTO with a bona fide intention to use the mark in commerce. Unlike use of a mark in commerce, registration of a mark with the PTO gives a party the right to use the mark nationwide, even if actual sales are limited to only a limited area. This right is limited, however, to the extent that the mark is already being used by others within a specific geographic area. If that is the case, then the prior user of the mark retains the right to use that mark within that geographic area; the party registering the mark gets the right to use it everywhere else. So, for example, if I register the mark "Broadway" in connection with the sale of pizza, the existing "Broadway Pizza" in Boston retains the right to use the name in Boston, but I get the right to use it everywhere else.
5. What does it mean to register a trademark?
Although registration with the PTO is not required for a trademark to be protected, registration does confer a number of benefits to the registering party. 15 U.S.C. § 1051. As described above, registration gives a party the right to use the mark nationwide, subject to the limitations noted above. 15 U.S.C. § 1072. Registration constitutes nationwide constructive notice to others that the trademark is owned by the party. Registration enables a party to bring an infringement suit in federal court. 15 U.S.C. § 1121. Registration allows a party to potentially recover treble damages, attorneys fees, and other remedies. Finally, registered trademarks can, after five years, become "incontestable," at which point the exclusive right to use the mark is conclusively established. 15 U.S.C. § 1065.
Applications for registration are subject to approval by the PTO. The PTO may reject a registration on any number of grounds. 15 U.S.C. § 1052. For example, the PTO will refuse to register generic marks or descriptive marks that have not attained secondary meaning. The PTO can also reject "immoral or scandalous" marks, certain geographic marks, marks that are primarily surnames, and marks that are likely to cause confusion with existing marks. As noted above, rejection of the mark does not necessarily mean that it is not entitled to trademark protection; it means only that the mark is not entitled to the additional benefits listed above. 15 U.S.C. § 1125.
Some states also have their own registration systems under state trademark law.
6. Can trademark rights be lost?
The rights to a trademark can be lost through abandonment, improper licensing or assignment, or genericity. A trademark is abandoned when its use is discontinued with an intent not to resume its use. Such intent can be inferred from the circumstances. Moreover, non-use for three consecutive years is prima facie evidence of abandonment. The basic idea is that trademark law only protects marks that are being used, and parties are not entitled to warehouse potentially useful marks. So, for example, a recent case held that the Los Angeles Dodgers had abandoned rights to the Brooklyn Dodgers trademarkMajor League Baseball Properties, Inc. v. Sed Non Olet Denarius, Ltd., 817 F. Supp. 1103 (S.D.N.Y. 1993).
Trademark rights can also be lost through improper licensing or assignment. Where the use of a trademark is licensed (for example, to a franchisee) without adequate quality control or supervision by the trademark owner, that trademark will be canceled. Similarly, where the rights to a trademark are assigned to another party in gross, without the corresponding sale of any assets, the trademark will be canceled. The rationale for these rules is that, under these situations, the trademark no longer serves its purpose of identifying the goods of a particular provider. Dawn Donut Co., Inc. v. Hart's Food Stores, Inc., 267 F.2d 358 (2d Cir. 1959).
Trademark rights can also be lost through genericity. Sometimes, trademarks that are originally distinctive can become generic over time, thereby losing its trademark protectionKellogg Co. v. National Biscuit Co., 305 U.S. 111 (1938). A word will be considered generic when, in the minds of a substantial majority of the public, the word denotes a broad genus or type of product and not a specific source or manufacturer. So, for example, the term "thermos" has become a generic term and is no longer entitled to trademark protection. Although it once denoted a specific manufacturer, the term now stands for the general type of product. Similarly, both "aspirin" and "cellophane" have been held to be generic. Bayer Co. v. United Drug Co., 272 F.505 (S.D.N.Y. 1921). In deciding whether a term is generic, courts will often look to dictionary definitions, the use of the term in newspapers and magazines, and any evidence of attempts by the trademark owner to police its mark.
7. What constitutes trademark infringement?
If a party owns the rights to a particular trademark, that party can sue subsequent parties for trademark infringement. 15 U.S.C. §§ 1114, 1125. The standard is "likelihood of confusion." To be more specific, the use of a trademark in connection with the sale of a good constitutes infringement if it is likely to cause consumer confusion as to the source of those goods or as to the sponsorship or approval of such goods. In deciding whether consumers are likely to be confused, the courts will typically look to a number of factors, including: (1) the strength of the mark; (2) the proximity of the goods; (3) the similarity of the marks; (4) evidence of actual confusion; (5) the similarity of marketing channels used; (6) the degree of caution exercised by the typical purchaser; (7) the defendant's intent. Polaroid Corp. v. Polarad Elect. Corp., 287 F.2d 492 (2d Cir.), cert. denied, 368 U.S. 820 (1961).
So, for example, the use of an identical mark on the same product would clearly constitute infringement. If I manufacture and sell computers using the mark "Apple," my use of that mark will likely cause confusion among consumers, since they may be misled into thinking that the computers are made by Apple Computer, Inc. Using a very similar mark on the same product may also give rise to a claim of infringement, if the marks are close enough in sound, appearance, or meaning so as to cause confusion. So, for example, "Applet" computers may be off-limits; perhaps also "Apricot." On the other end of the spectrum, using the same term on a completely unrelated product will not likely give rise to an infringement claim. Thus, Apple Computer and Apple Records can peacefully co-exist, since consumers are not likely to think that the computers are being made by the record company, or vice versa.
Between the two ends of the spectrum lie many close cases, in which the courts will apply the factors listed above. So, for example, where the marks are similar and the products are also similar, it will be difficult to determine whether consumer confusion is likely. In one case, the owners of the mark "Slickcraft" used the mark in connection with the sale of boats used for general family recreation. They brought an infringement action against a company that used the mark "Sleekcraft" in connection with the sale of high-speed performance boats. Because the two types of boats served substantially different markets, the court concluded that the products were related but not identical. However, after examining many of the factors listed above, the court concluded that the use of Sleekcraft was likely to cause confusion among consumers. AMF Inc. v. Sleekcraft Boats, 599 F.2d 341 (9th Cir. 1979).
8. What constitutes trademark dilution?
In addition to bringing an action for infringement, owners of trademarks can also bring an action for trademark dilution under either federal or state law. Under federal law, a dilution claim can be brought only if the mark is "famous." In deciding whether a mark is famous, the courts will look to the following factors: (1) the degree of inherent or acquired distinctiveness; (2) the duration and extent of use; (3) the amount of advertising and publicity; (4) the geographic extent of the market; (5) the channels of trade; (6) the degree of recognition in trading areas; (7) any use of similar marks by third parties; (8) whether the mark is registered. 15 U.S.C. § 1125(c). Kodak, Exxon, and Xerox are all examples of famous marks. Under state law, a mark need not be famous in order to give rise to a dilution claim. Instead, dilution is available if: (1) the mark has "selling power" or, in other words, a distinctive quality; and (2) the two marks are substantially similar. Mead Data Central, Inc. v. Toyota Motor Sales, U.S.A., Inc., 875 F.2d 1026 (2d Cir. 1989).
Once the prerequisites for a dilution claim are satisfied, the owner of a mark can bring an action against any use of that mark that dilutes the distinctive quality of that mark, either through "blurring" or "tarnishment" of that mark; unlike an infringement claim, likelihood of confusion is not necessary. Blurring occurs when the power of the mark is weakened through its identification with dissimilar goods. For example, Kodak brand bicycles or Xerox brand cigarettes. Although neither example is likely to cause confusion among consumers, each dilutes the distinctive quality of the mark. Tarnishment occurs when the mark is cast in an unflattering light, typically through its association with inferior or unseemly products or services. So, for example, in a recent case, ToysRUs successfully brought a tarnishment claim against adultsrus.com, a pornographic web-site. Toys "R" Us v. Akkaoui, 40 U.S.P.Q.2d (BNA) 1836 (N.D. Cal. Oct. 29, 1996).
9. What other potential causes of action are there?
Although likelihood of confusion and dilution are the two main trademark-related causes of action, there exist a number of additional state-law causes of action under state unfair competition law: passing off, contributory passing off, reverse passing off, and misappropriation. Passing off occurs when the defendant tries to pass off its product as the plaintiff's product. So, for example, manufacturing computers and claiming that they are made by Apple Computer, Inc. Contributory passing off occurs when the defendant assists or induces another (typically a retailer) to pass of its product as the plaintiff's product. So, for example, inducing a computer store to represent that the computers are made by Apple, when in fact they are not. Reverse passing off occurs when the defendant tries to pass off the plaintiff's product as its own. So, for example, taking a computer made by Apple, removing the label, and putting on a different label. Finally, misappropriation is a highly unstable, but potentially fruitful source of additional trademark-related claims.
10. What defenses are there to trademark infringement or dilution?
Defendants in a trademark infringement or dilution claim can assert basically two types of affirmative defense: fair use or parody. Fair use occurs when a descriptive mark is used in good faith for its primary, rather than secondary, meaning, and no consumer confusion is likely to result. So, for example, a cereal manufacturer may be able to describe its cereal as consisting of "all bran," without infringing upon Kelloggs' rights in the mark "All Bran." Such a use is purely descriptive, and does not invoke the secondary meaning of the mark. Similarly, in one case, a court held that the defendant's use of "fish fry" to describe a batter coating for fish was fair use and did not infringe upon the plaintiff's mark "Fish-Fri." Zatarain's, Inc. v. Oak Grove Smokehouse, Inc., 698 F.2d 786 (5th Cir. 1983). Such uses are privileged because they use the terms only in their purely descriptive sense.
Some courts have recognized a somewhat different, but closely-related, fair-use defense, called nominative use. Nominative use occurs when use of a term is necessary for purposes of identifying another producer's product, not the user's own product. For example, in a recent case, the newspaper USA Today ran a telephone poll, asking its readers to vote for their favorite member of the music group New Kids on the Block. The New Kids on the Block sued USA Today for trademark infringement. The court held that the use of the trademark "New Kids on the Block" was a privileged nominative use because: (1) the group was not readily identifiable without using the mark; (2) USA Today used only so much of the mark as reasonably necessary to identify it; and (3) there was no suggestion of endorsement or sponsorship by the group. The basic idea is that use of a trademark is sometimes necessary to identify and talk about another party's products and services. When the above conditions are met, such a use will be privileged. New Kids on the Block v. News America Publishing, Inc., 971 F.2d 302 (9th Cir. 1992).
Finally, certain parodies of trademarks may be permissible if they are not too directly tied to commercial use. The basic idea here is that artistic and editorial parodies of trademarks serve a valuable critical function, and that this critical function is entitled to some degree of First Amendment protection. The courts have adopted different ways of incorporating such First Amendment interests into the analysis. For example, some courts have applied the general "likelihood of confusion" analysis, using the First Amendment as a factor in the analysis. Other courts have expressly balanced First Amendment considerations against the degree of likely confusion. Still other courts have held that the First Amendment effectively trumps trademark law, under certain circumstances. In general, however, the courts appear to be more sympathetic to the extent that parodies are less commercial, and less sympathetic to the extent that parodies involve commercial use of the mark.
So, for example, a risqué parody of an L.L. Bean magazine advertisement was found not to constitute infringement. L.L. Bean, Inc. v. Drake Publishers, Inc., 811 F.2d 26, 28 (1st Cir. 1987). Similarly, the use of a pig-like character named "Spa'am" in a Muppet movie was found not to violate Hormel's rights in the trademark "Spam." Hormel Foods Corp. v. Jim Henson Prods., 73 F.3d 497 (2d Cir. 1996). On the other hand, "Gucchie Goo" diaper bags were found not to be protected under the parody defenseGucci Shops, Inc. v. R.H. Macy & Co., 446 F. Supp. 838 (S.D.N.Y. 1977). Similarly, posters bearing the logo "Enjoy Cocaine" were found to violate the rights of Coca-Cola in the slogan "Enjoy Coca-ColaCoca-Cola Co. v. Gemini Rising, Inc., 346 F. Supp. 1183 (E.D.N.Y. 1972). Thus, although the courts recognize a parody defense, the precise contours of such a defense are difficult to outline with any precision.
11. What remedies are there for trademark infringement and/or dilution?
Successful plaintiffs are entitled to a wide range of remedies under federal law. Such plaintiffs are routinely awarded injunctions against further infringing or diluting use of the trademark. 15 U.S.C. § 1116(a). In trademark infringement suits, monetary relief may also be available, including: (1) defendant's profits, (2) damages sustained by the plaintiff, and (3) the costs of the action. 15 U.S.C. § 1117(a). Damages may be trebled upon showing of bad faith. In trademark dilution suits, however, damages are available only if the defendant willfully traded on the plaintiff's goodwill in using the mark. Otherwise, plaintiffs in a dilution action are limited to injunctive relief. 15 U.S.C. § 1125(c).
12. List of additional on-line sources
Lanham Act, 15 U.S.C. §§ 1051 et seq.
U.S. Patent and Trademark Office page on trademarks
Cornell Law School list of trademark materials
International Trademark Association guide to trademark basics
Yahoo page on trademarks
Important question of CRIMINAL PROCEDURE CODE for interview of Civil Judge and any judicial post.
01. Weather magistrate has power to pass order for registration of FIR ?
Ans yes magistrate is empowered under section 156 (3) crpc can direct the SHO to register the FIR.
02. What is the provision for supply of documents weather it mandatory or discretion of court.
Ans. Supply of documents provisions in magistrate trial 241-c & 265-c is Sessions Trial and it is mandatory.
03. Define Charge & its Stages? Can a person charged with one offence be convicted of another offence if so?, when ?Alteration and modification charge?
A. A charge is the precise formulation of specific accusation made against the person. The object of the charge is to enable the accused the know the particular accusation made against him in order to meet and to be ready for them before evidences given as to make him able to meet his defence.
B. Particulars of the charge:
01. Specific name of the offence
02. Law or section of the law with which the offence is alleged have been committed
03. Time and place of the offence and the person against whom or the thing it was committed.
04. Data of the previous conviction for which punishment shall be enhanced.
C. The general rule is that accused cannot be convicted of an offence which he was not charged. The cased in which a person is charged of one offence still he can be convicted of another offences or exception to this general rule. These exceptions are provided in sections 237 and 238 of CrPC.
D. Police cannot amend the charge on their own and submit challan under without the approval of prosecution department. (1991 PCR LJ 723)
04. Can a person be charged in multiple cases?
A. Yes. General rule is that for every distinct offence of which any person is accused there shall be a separate charge; every such charge shall be tried separately.
The separate charge for distinct offences: mentioned section 233
05. Can a person be charged if his name is not mentioned in charge sheet, Provision?
A. Any person may give an application under section 190 to the magistrate to take cognizance of offence and charged the accused. And further more it is provided in the Cr PC under the title amendment in charge governed
06. Under what provision final report is submitted by police?
A. Final report is submitted under section 173 Cr. P C
07. What is Appeal?
A. Right of carrying a particular case from inferior court to superior court for ascertaining sustainability of judgement.
08. Can a Judicial Magistrate acquit accused at any time during the pendency of Trial? What is remedy against 249-A order?
A. Under Section 249-A A magistrate has a power to acquit an accused at any stage during the pendency of the trail. As 249-A is not the final order because magistrate can recall him on the basis of evidence.
B. If person is acquitted under section 249-A any person being aggrieved by the said order may file an acquittal appeal under section 417 before the High Court. No revision shall lie from said order.
09. Difference between 249 & 249- A?
A. Under section 249 magistrates may stop the proceeding when no complainant appears before the court. In the same way under section 249-A magistrate has the power to acquit the accused at any stage during the pendency of the trail.
B. Under section 249 once an accused discharged can be charged again. But under section 249-A magistrate can acquit the accused on the basis of evidence at any stage.
10. Whether order under section 249-A is final?
A. Order under 249-A is not final order. Magistrate has power to recall the accused on the basis of evidences established. An appeal can be filed against such order under 417 Cr.P.C
B. For example: If there are three accused and one of them was not found guilty then magistrate can acquit him at that stage of the proceeding and has power tio recall him when required.
11. Under what provisions appeal against acquittal is filed?
A. Acquittal appeal is filed under section 417.
B. Limitation: 30 Days. No special leave to appeal from an order of acquittal shall be entertained by HC after the expiry of 60 days from the date of that order (Government)
C. If in case of application for grant of special leave to appeal from an order of acquittal is refused no appeal from that order of acquittal shall lie
D. Power of appellate to punish, remand.......additional evidence (428)
E. Acquittal appeal once filed cannot be withdrawn.
12. What is the limitation period for appeal against acquittal
A. 30 days for private person and 60 days for government
13. Is there any Difference in appeal against acquittal filed by prosecution and complainant in Procedure?
A. Any aggrieved can file appeal against acquittal. There is limitation time for filing an appeal. As there is no sound difference between them.
14. Define Bail, Grounds for Grant & Rejection?
A. To give or deliver the accused in the hands of sureties. (496)
B. Granting of bail in bailable offences is a right of accused.
01. Right
C. Non bailable
01. It is given when no reasonable grounds for the commission of offence.
02. Any person under the age of 16 years, sick or infirm person, a woman.
03. It is provided as a matter of concession and not as a matter of right.
15. What is Habeas Corpus, where is it filed? Difference between 491 &199?
A. 199 is the constitutional remedy. Remedy under section 491, session judge and HC have power to give remedy. It is a procedural remedy.
B. Habeas corpus can be filed when life of person is in peril/danger. Issued in the case of illegal detention/unlawfully imprisoned.
C. Can be issued when a post card sent to judge by victim or his relative.
D. Habeas corpus means produce the body.
E. This keeps a government from imprisoning people unlawfully. Even given condition of the jail is poor and prisoner suffer.
F. It is filed in the Session Court and High Court.
16. Habeas Corpus is filed in District court or High Court?
A. In both courts.
17. What are the cases in which Habeas corpus can be filed against father?
A. Habeas Corpus under section 491 HC has got jurisdiction in matters pertaining to the custody of minors of tender age and it can be issued against the father and it is the speedy and appropriate remedy because mother’s first right to hold custody of minor in Islam it is also known as HIZANAT.
B. Case of the Japanese Lady: In this case honourable court observed that mother’s cradle is god’s cradle and unless she is disqualified her first right of custody stands fully established. Jurisdiction can be exercised under article 199 of the constitution as well as under section 491 crpc HIROKU_Muhammad v/s Muhammad Latif 1994 MLD 1682.
C. Recently case of minor Japanese daughter given to her mother in preference to Muslim father 1999 CLC 1202.
18. Whether Justice of peace can take special oath from any party?
A. No. He does not have powers to do so.
19. Once complaint dismissed /withdrawn ?can be filled again, Procedure?
A. In the cases where complaint is made against the relative and there after compromise made cannot be withdrawn without the permission of court.
B. Yes complain can be made again after the dismissal provided under section........
20. Narrate the procedure when accused died during the trail of case?
A. It is the principle in the criminal that personal action dies with the person. Therefore trail would end with the death of the accused.
21. Accused convicted for 5 years in offence of 302 with fine, Filled appeal, seeking suspension of sentence and grant of Bail, can same sentence be dismissed or not?
A. District judge can take the cognizance of the case as punishment under 302 is life imprisonment.
22. Application filed under section 544 Cr.pc to call eye witness/army officer to trial court, he refused, Remedy?
A. Court can call any person as witness to meet the ends of justice under session 544.
23. Can statement of accused 342 be treated as confessional statement?
A. No. Because the statement under section 342 is an answer against the allegation and question put to him by the judge if he admits the allegation then he shall be forwarded to the magistrate for recording the confessional statement under section 164 read with 364. Statement under 342 recorded by the concerned judge in whose court case is pending. While the confessional statement is always recorded by magistrate under section 164 read with 364.
24. In Criminal case on who burden of proof lies, What are the exemptions of burden of proof in criminal cases?
A. In criminal cased Burden of proof always lies on the prosecution but there are some exception to this rule which are given under
01. Plea of albi
02. Self defence
03. Insanity
04. Dishonouring of cheque.
In above mentioned cases burden of proof shifts on accused.
25. Can a private person arrest anyone?
A. Yes for the sake of preservation of peace if any individual whose sees it broken may restrain the liability of the person whom he sees the breaking it , as long as his conduct shows that public peace is likely to be endangered by this act.
26. 161? Difference between 161and 164?
A. Section 161 provides that police officer making an investigation may examine any person orally acquainted with the facts and circumstances of the case and such person shall be bound to answer all questions relevant to case except questions the answer to which would tend to expose him to criminal charge or to penalty or forfeiture.
B. The statement under 161 is not signed by the person making it.
C. The statement under 164 is always recorded by the magistrate it may be confessional statement or it is self explanatory matter. A confession may be recorded by any magistrate. This statement cannot always dealt as confessional statement.
D. Statement under 364 is also recorded by magistrate in which procedure for the examination is given. In case he is making confessional statement.
27. Criminal conspiracy and its punishment?
A. Criminal conspiracy is defined under section 120-A PPC which says when two or more persons agreed to do or cause to be done
01. An illegal act or
02. An act which is not illegal by illegal means, such n agreement is designated a criminal conspiracy
03. Punishable with death or impoundment of life or rigorous punishment for a term of 2 years or upward and per crime abetted.
28. Abetment and its punishment?
A. 06 months punishment
29. Criminal remedy in dishonouring of cheque?
A. Criminal remedy against the dishonouring of the cheque is given in 489-F which says whoever dishonestly issues a cheque towards repayment of a loan or fulfilment of an obligation which is dishonoured on the presentation, shall be punishable with imprisonment extend to 03 years, with fine or with both unless he can establish, for which the burden of proof shall rest on him that he had made arrangements with his bank to ensure that the cheque would be honoured and that banks was at fault in not honouring the cheque.
30. Procedure of illegal dispossession?
A. A complaint is filed before session judge under section 3, 5, and 7 of illegal dispossession act, 2005 before the session court.
31. What are the remedies if SHO does not register the FIR?
A. An application under 22-A (6) clause 1 and 3 (by Justice of peace) and application under section 156 (3) before magistrate. And direct complaint 200 crpc.
32. What is the difference between F.I.R & Challan?
A. It is first information report dealt in section 154 Cr. P C. It is not a substantive piece of evidence. Its objective is to put law in motion.
B. Challan is mentioned in 173 Cr P C. When the investigation report is completed the station officer shall submit a report to magistrate to take the cognizance of the office is known as Challan. It contains 07 columns
33. 02. What is Remand (167) difference between Judicial Custody & Police Custody
A. Procedure when investigation cannot be completed in 24 hours fixed by the section 61 Cr. P C and there are grounds for believing that the accusation or information is well founded, the officer in charge of police station or police officer making the investigation shall forth with transmit to the nearest magistrate.
B. There are two types of remands
01. Judicial remand: means accused is sent to the judicial custody or judicial lock up.
02. Physical remand: means accused is given in the custody of police for the further investigations.
Starting with 2 Stories:
1. Yahoo refused Google
2. Nokia refused Android
Moral:
1. Update yourself with time, else you will become obsolete
2. Taking no risk is the biggest risk. Take risks and adopt new technologies.
2 more stories:
1. Google acquired YouTube and Android
2. Facebook acquired Instagram and WhatsApp
Moral:
1. Become so powerful that your enemies become your allies
2. Grow fast, become big, and then eliminate competition
2 more stories:
1. Barack Obama was a ice cream seller
2. Elon Musk was a worker in a lumber mill
Moral:
1. Don’t judge people based on their past jobs
2. Your present doesn’t decide your future, your courage and hard work does
2 more stories:
1. Colonel Sanders created KFC at the age of 65
2. Jack Ma who was rejected by KFC founded Alibaba
Moral:
1. Age is just a number - you can be successful at any age
2. Never ever give up in life - only those who never give up win
2 final stories:
1. Owner of Ferrari insulted a tractor maker
2. The tractor maker created Lamborghini
Moral:
1. Never underestimate or disrespect anyone
2. Success is the best revenge
You can be successful at any age and from any background.
Dream big. Set goals. Work hard.
Never ever give up in life. Go ahead.
