Every title of every work of literature, theatre or, cinema, every piece of dialogue in a film would, conceivably, be hit.
The Plaintiff did nothing. Cadila Health Care Ltd. vs. Cadila Pharmaceuticals Ltd.4 in 2001. All concerned to act on an authenticated copy of this order. What the Plaintiff lays claim to is, after all, a web-based, service, a social network. The present suit, before me makes out no case in passing off whatever. It is a very old, well-known and, established colloquial expression in Marathi, its etymology possibly. The expression or phrase over, which the Plaintiff claims proprietory, statutory and common law, rights is a common and colloquial phrase in Marathi. Mr. Dewani, relies on the decision of the Supreme Court in, M/s. It is part of our culture and our tradition. Each has its integrity, its special grace, power, style, cadences, variations, dialects and patois. For the reasons that follow, I am unable to agree with Mr. Dewani or to accept his submission. He was so confident about his filmmaking. own universe. It is in respect of a very narrow or niche, range of services in Class 38 described thus, “SOCIAL NETWORKING SERVICES, AUDIO AND VIDEO, TRANSMITTING INFORMATION, AUDIO AND VIDEO, CLIPS, PROVIDING ACCESS TO INFORMATION, AUDIO, AND VIDEO VIA WEBSITES, ONLINE FORUMS, CHAT, PROVIDING ONLINE CHAT ROOMS AND ELECTRONIC. Trade, mark infringement claims cannot be allowed to still the tongue of an, entire populace, even in the slightest. The documents annexed to the plaint show, otherwise. Learn a few new cool words from Marathi language, the quickest guide to becoming a local! This is not an expression, coined by the Plaintiff. There is little by way of evidence to, substantiate this other than reference to other websites and, television programmes. Lai Bhaari-dot-com written in Devnagari. Mumbai: I knew Nishi sir for the past 12 or 13 years. Without intending to be, exhaustive some of the principles which are accepted as, well settled may be stated thus: that whether there is a, likelihood of deception or confusion arising is a matter, for decision by the Court, and no witness is entitled to, say whether the mark is likely to deceive or to cause, confusion, that all factors which are likely to create or, allay deception or confusion must be considered in, combination; that broadly speaking, factors creating, confusion would be, for example, the nature of the, market itself, the class of customers, the extent of the, reputation, the trade channels, the existence of any, connection in course of trade, and others.”, 13. The Plaintiff has absolutely no proprietory or. The judgment also notes that the trademark registration produced by the Plaintiff is of the domain name laibhaari.com, and not of the colloquial Marathi expression ‘Lai Bhaari’, and that both are completely different things. Karan Johar has spoken on the new diktat of screening Marathi films in multiplexes and you've got to read it! He was a great guy and I have never heard anyone talking ill about him. IN THE HIGH COURT OF JUDICATURE AT BOMBAY, 1. Heard. Plus, the registration is applicable only to the narrow range of services under Class 38of the Trade Marks Act. View the profiles of people named Bhaari Lai.
Sifynet Solutions Pvt. There is no evidence of any independent audit of usage, traffic, page views, or any of the other metrics normally used to. 17. From then, things changed in my career. That is not the, mandate of intellectual property protection laws. It is entirely possible for a person to make an entry, about his or her own service, product or, for that matter, himself or, 5. The Plaintiff seeks to restrain the Defendants, from releasing a Marathi film under the title “Lai Bhaari”. I do not think that it is possible in these circumstances to, accept Mr. Dewani’s submission that the registration of his client’s, domain name, laibhaari.com gives his client proprietary rights in.
What this submission overlooks, as, Mr. Dhond quite rightly points out, is that the dispute in that case, was about the domain name Sify, an artificial word in which the. The registration is, clearly, not of the expression Lai Bhaari, but of laibhaari.com, two very different things. Life is so unpredictable!
50+ videos Play all Mix - Mauli Mauli Lyrics videos-Lai Bhari YouTube Mauli Mauli | Lyrical Video | Lai Bhaari Marathi Song | Ajay Atul, Riteish Deshmukh, Salman Khan - Duration: 5:09. There are restaurants in Pune and Kolhapur that. He would tell you what he felt on your face. We had so many plans of working together in the future. We never discussed work. This is an application for urgent ad-interim reliefs, moved after notice. That film is ready for release, 10. Bollywood Breaking 20-20: Burj Khalifa gave a unique gift on Shahrukh Khan's birthday, Badhir News: Special show for hearing impaired, Nov 03, 2020. Wikipedia is a, multilingual, web-based, free-content encyclopedia-style service. 1. abe (अबे ) - This is used to call a person randomly . Satyam Infoway Ltd. vs. M/s. We lost a brilliant filmmaker and an amazing storyteller. In fact, when Techlegal Solutions tried to trademark the expression ‘Lai Bhaari’ the Registry apparently opposed it and the application is still pending. Riteish Deshmukh to play Chhatrapati Shivaji in wife Genelia D'Souza's next! 8. On the, material before me, I have found that the Plaintiff also does not, have any proprietory rights in the phrase itself; at best, these rights, may exist only in an Internet domain name of which the phrase is a, 4. When on the set, he would address me as sir. use the same name. 2. Riteish Deshmukh excited about Genelia D'Souza's comeback in Bollywood! I must note that, when the Plaintiff ventured further afield and attempted a rather, more ambitious registration of the expression “lai bhaari”, they met. Written by Kshitij Patwardhan, the film stars Riteish Deshmukh in the title role along with Saiyami Kher. In a case of return of plaint under Order VII Rule 10 invariably the plaint and the court-fee stamps on which also some part of the plaint... Justice Patel succinctly rules that Techlegal has “. the film marks the debut of riteish deshmukh in marathi cinema, while salman khan and genelia d'souza also feature in cameo appearances. The Supreme Court considered the well settled law on the, subject, from Amritdhara Pharmacy v. Satya Deo Gupta.3 in 1963 to. I was an outsider, a guy from television he cast in one of the biggest films of Marathi cinema and also in the role of a parallel hero in a mainstream Bollywood film. Whether pendency of an application for rejection of plaint operates as stay to filing of written statement? © 1998-2020 Zee Media Corporation Ltd (An Essel Group Company), All rights reserved. What Plaintiff claims is that since they now have some selfproclaimed, popularity (I am compelled to say this for want of any, persuasive material on record), they, therefore, have a right to, restrain any person using the phrase or expression lai bhaari in any, context. That application is yet pending. In the plaint, no, information is made available even about the expenditure incurred, on the design, operability, algorithms, structures and other essential, aspects that go into the making, hosting and operating of such a. service. Notice of motion to be listed for hearing and final disposal on. The Plaintiff’s silence is deafening. There is no, question of any balance of convenience being in the Plaintiff’s, favour.