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WRIT OF PROHIBITION/CERTIORARI/MANDAMUS UNDER TRADE MARKS ACT, 1999 FOR MAINTAINING REGISTERED TRADEMARK ON THE REGISTER ON THE GROUND OF NON SERVICE/NON ISSUANCE OF NOTICE U/S. 25 (3) OF THE TRADE MARKS ACT,1999 AND RULE 64 THE TRADE MARKS RULE, 2002
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This is the precedent of the Writ of Prohibition/Certiorari/Mandamus Under Trade Marks Act, 1999 for maintaining Registered Trademark On The Register On The Ground Of Non Service/Non Issuance Of Notice U/S. 25 (3) Of The Trade Marks Act,1999 and Rule 64 The Trade Marks Rule, 2002. The Petitioner’s trademark is a registered trademark on the file of the trademarks registry. However, the trademark authority is threatening to remove the Petitioner’s trademark from the records of the registry of trademarks.
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WRIT OF PROHIBITION TO BE FILED BEFORE THE HIGH COURT (WRIT PETITION)
This is the precedent of Writ of Prohibition to be filed before the Hon’ble High Court. The Writ Petition of Prohibition is often issued by a superior court to the lower court directing it not to proceed with a case which does not fall under its jurisdiction.
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SUIT FOR PASSING OFF THE TITLE OF THE FILM (TRADE MARK)
The plaintiff is the owner and proprietor of the trademark being the title of the cinematographic film. The plaintiff’s application for registration of the trademark being the title of the film is pending. The defendant is attempting to make a film based on plaintiff’s title and pass off his film as the plaintiff’s film or remake of the plaintiff’s film or in any kind encashing the plaintiff’s goodwill. This is the suit for restraining the defended from doing so and for consequential reliefs.
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WRIT OF CERTIORARI TO BE FILED BEFORE THE HIGH COURT (WRIT PETITION) CHALLENGING THE ORDER OF QUASI JUDICIAL AUTHORITY
This is the precedent of Writ of Certiorari to be filed before the Hon’ble High Court. The Writ of Certiorari can be filed for quashing the order already passed by an inferior court, tribunal or quasi-judicial authority. In the instant case, the Deemed Conveyance Order is passed of the larger plot of land inspite of ongoing development, conflicting the right of other societies.
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CRIMINAL WRIT PETITION FOR QUASHING OF FIRST INFORMATION REPORT (FIR) UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973
This is the precedent of Criminal Writ Petition For Quashing Of First Information Report (Fir) Under Section 482 Of The Code Of Criminal Procedure, 1973. The first information report is registered against you by the investigating agency. The person feels the same is prime facie illegal and not maintainable.
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SUIT FOR INFRINGEMENT OF TRADE MARKS, COPYRIGHT AND PASSING OFF (COMPOSITE ACTION)
This is the precedent of the suit/plaint for infringement of Trademarks, copyright and passing off (Composite Action) to restrain the Defendant from infringing the Plaintiff’s trademark, copyright and pass off the Plaintiff’s goods as of Defendant and for consequential reliefs.
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CRIMINAL WRIT PETITION OF MANDAMUS SEEKING DIRECTION FOR REGISTRATION OF FIRST INFORMATION REPORT (F.I.R.)
The Police is not acting on your Complaint and not registering First Information Report (FIR). This is the precedent of Criminal Writ Petition of Mandamus Seeking Direction For Registration of First Information Report (F.I.R.).
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WRIT PETITION (CRIMINAL) FOR CERTIORARI AND MANDAMUS FOR FURTHER INVESTIGATION AND TRANSFER OF INVESTIGATION FROM ONE POLICE STATION TO ANY OTHER POLICE STATION AND/OR AUTHORITY
This is the precedent of Writ Petition (Criminal) for Certiorari and Mandamus for further Investigation and Transfer of Investigation From One Police Station To any Other Police Station and/or Authority.
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WRIT OF CERTIORARI AND MANDAMUS TO BE FILED BEFORE THE HIGH COURT (WRIT PETITION) CHALLENGING THE ALLOTMENT OF THE TENDER
This is the precedent of Writ of Mandamus and Writ of Certiorari to be filed before the Hon’ble High Court. The Writ of Mandamus and Writ of Certiorari is often issued by a superior court to the inferior court, public official, public body corporation tribunal and also government. This is the precedent where the allotment of public tender to lowest one is challenged.
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COUNTER STATEMENT TO THE NOTICE OF OPPOSITION TO THE REGISTRATION OF THE TRADE MARK
This is the precedent of Counter Statement (by the Applicant) to the Notice of Opposition filed under Trade Marks Act, 1999 opposing the registration of the Trade Mark advertised in Trade Journal.
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SUIT BASED ON PERSONALITY RIGHTS
The Plaintiff is a Celebrity having personality rights. The Defendant is wrongfully attempting to use Plaintiff’s name and other personality rights without the consent of the Plaintiff for commercial gain. This is a precedent of suit based on personality rights for an injunction and consequential reliefs.
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PUBLIC INTEREST LITIGATION – WRIT OF MANDAMUS TO BE FILED BEFORE THE HIGH COURT COMPELLING THE GOVERNMENT AUTHORITY TO TAKE MEASURES UNDER THE PRESCRIBED ACT AND RULES FRAMED THEREIN
This is the precedent of Public Interest Litigation/Writ Petition for compelling the Government Authority to take measures under the prescribed Act (i.e. The Environmental (Protection) Act, 1986) and rules famed thereunder.
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SUIT FOR TRADEMARK INFRINGEMENT
This is the precedent of the suit/plaint for restraining the Defendant from infringing the Plaintiff’s trademark and for consequential reliefs. The Plaintiff is the owner and proprietor of the registered trademark. The Defendant is intentionally infringing the Plaintiff’s trademark.
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