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Judgment Search Results Home > Cases Phrase: trade marks Court: andhra pradesh Page 1 of about 6,514 results (0.042 seconds)

Feb 03 1997 (HC)

M. Mahendra Shah Vs. Hindustan Lever Ltd. and anr.

Court : Andhra Pradesh

Reported in : 1997(2)ALT391; 1997(2)ARBLR118(AP)

..... support of their case they contended that if one takes the articles of the defendants which were available for sale and if the plaintiffs also released their product under their trade mark 'marigold' and in the normal course both products were going to be sold through the same sort of outlets, possibly through super markets or through chemists' business or through ..... commodity or food stuff the same was first used. the person who uses the trade mark first becomes the proprietor of such a trade name or trade mark. according to section 33 of the trade and merchandise marks act, 1958. even a registered proprietor of the said mark cannot restrain other using the same trade mark prior to him in the market though not registered. in fact, a division bench ..... her contentions to which i will be referring shortly. on the other hand mr. manohar the counsel appearing for hll contended that it was the hll who first used the trade mark 'annapurna' in the market for marketing iodised salt and later they also started marketing atta under the same brand name. because of their extensive advertisement in newspapers and other advertising ..... force till 26-2-1996. hll further contended that the defendant company has a turnover of more then rs. 35 crores and they have already marketed their iodised salt under trade mark 'annapurna' since the year 1992 either by themselves or through their subsidiary companies under the brand name 'annapurna' or 'gold seal annapurna'. since the year 1994 the said brand .....

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Jul 10 2009 (HC)

Vizag Profiles Ltd. Vs. Rashtriya Ispat Nigam Limited (Rinl), Popularl ...

Court : Andhra Pradesh

Reported in : 2009(5)ALT58

..... ' as prefix or suffix to their trade mark. before granting a registration certificate, the trade mark registry has published trade mark of the plaintiff in the official trade mark journal bearing no. 1239 supplement dt. 21-1-2001 stating that registration of this trade mark shall give no right to the exclusive use of expression ..... ' 'p' in the circle with dark background is used by the first defendant further strengthens the impression of the general customer that the same trade mark belongs to the plaintiff. though the first defendant contended that it has used the letter 'v' and 'p' in its symbol, it is ..... the following issues were settled for trial:1. whether the plaintiff is entitled for a grant of permanent injunction against the defendants from registering the trade mark 'vizag profiles' with the symbol 'i' and its usage by the first defendant?2. whether the plaintiff is entitled to damages for rs. ..... that the steel plant is located at visakhapatnam, which is popularly known as vizag. the word 'vizag steel' is neither a well known trade mark nor a geographical indication. the mere registration of the words 'vizag steel' does not mean that nobody can make use of the word 'vizag ..... arrayed in the trial court.3. the plaintiff filed the suit against defendants 1 and 2 for permanent injunction restraining the defendants from registering the trade mark 'vizag profiles' with symbol 'i' and its usage by the first defendant and for damages of rs. 10,00,000/-.4. according to .....

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Jun 27 2005 (HC)

Pandugula Vali Basha Vs. N. Mohammed Haris and anr.

Court : Andhra Pradesh

Reported in : 2005(4)ALT760

..... while making the purchases. as it is not possible for any customer even dealing specially in such goods to make any distinction between the trade mark 'exite' and trade mark 'exide', defendant, prima facie, appear to have used this particular trade mark 'exide' with a view to cause confusion amongst the customers nd to take benefit of the reputation built up by the plaintiff with respect ..... 616, the issue is not to be determined by a comparison of he emblems in dispute. the relevant passage at page 616 to 618 in the text book 'law of trade marks and trade names' by kerly, may be usefully extracted hereunder:'two important questions are suggested by the sections concerned with deceptive resemblance: a. who are the persons whom the resemblance must ..... registered user using by way of permitted use; and(ii) that when he became aware of the existence and nature of the plaintiff's right in the trade mark, he forthwith ceased to use the trade mark in relation to goods in respect of which it was registered; or(c) where in a suit for passing off the defendant satisfies the court-(i) that ..... clothes (virendra dresses v. varindera garments - : air1982delhi482 ).considering the decided cases and evidence in this case including material objects produced and oral evidence, we are of the opinion that the trade mark 'nambisan's' used by the plaintiff and 'nambeesan' used by the defendants are deceptively similar and public are likely to be deceived as phonetically the names are deceptively similar and .....

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Jun 26 2007 (HC)

Adepu Surendra Vs. Adepu Ravindra

Court : Andhra Pradesh

Reported in : 2007(6)ALD718

..... and petitioner-plaintiff started quarrelling for family partition. it is stated that the plaintiff published about the trade mark in west godavari, but not published in karimnagar where the respondent-defendant is living and carrying business. it is further stated that when the father of the petitioner ..... plaintiff. it is also stated that the plaintiff fraudulently without knowledge of the father or himself obtained a registration certificate on 29.9.2004 in respect of the trade mark of adepu 222, photo of his grandfather with brand name of device label being used in respect of goods manufactured by the joint family after getting fraudulent registration ..... out by the respondent-petitioner-plaintiff, granting of temporary injunction is not just and proper. the learned counsel also had pointed out to the relevant statutory provisions under the trade marks act, 1999. the learned counsel also placed strong reliance on certain decisions.4. per contra, sri hema prakash rao, learned counsel representing the respondent-petitioner-plaintiff would ..... representing the appellant-respondent-defendant would submit that the relationship between the parties is not in controversy and the fact that the respondent obtained the registration of the trade mark without putting the other family members on notice also is not in serious controversy. the learned counsel would submit that the label popularly known as 'adepu 222 and .....

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Oct 13 1961 (HC)

Indian Hume Pipe Co. Ltd. Vs. Vendra Venkanna, Proprietor of Jai Bhara ...

Court : Andhra Pradesh

Reported in : AIR1963AP58

..... name 'hume pipes' and 'humeogenous pipes'. the said pipes manufactured by it acquired reputation in india and other countries. the company had registered the said trade marks with the registrar of trade marks under the trade marks act of 1940 (act v of 1940) as nos. 1313 and 1317 on 24-6-1942. the registration was for a period of 7 years in the ..... technical infringement of the patent. 11. with regard to the reliefs prayed for, the findings were:-- the plaintiff-company was entitled to recover only nominal damages for infringement of their trade mark, awarded at rs. 100/-. the plaintiff company also was entitled to an injunction restraining the defendant in o.s. 30 of 1954, vendra venkanna, proprietor of jai bharathi cement ..... 'humeogenous pipes' and the patents relating to their manufacture; (2) the defendant in o.s. 30 of 1954, vendra venkanna, proprietor of jai bharathi cement works, pcnugonda infringed the trade mark rights of the plaintiff-company and was liable for the infringement thereof. (3) the plaintiff-company was the proprietor of the indian patent no. 20709 dated 19-3-1934 relating ..... the plaintiff called upon the defendant to desist from infringement. the defendant replied expressing ignorance of the plaintiff's rights and professing to desist from the using the plaintiff's trade mark for his goods. the plaintiff, however, understood that he was still publishing advertisements etc., offering his goods as 'hume pipes' and 'humeogenous pipes'. since the defendant began to .....

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Mar 30 2005 (HC)

Chennai Hotel Saravana Bhavan and ors. Vs. Hotel Saravana Bhavan

Court : Andhra Pradesh

Reported in : 2005(4)ALD263; 2005(3)ALT789

..... with the registrar of firms bearing no. 49/2004 on 15-6-2004 and also made a representation to the registrar to get the trade mark registered under the trade marks act, 1999 and the government of india trade marks registry assigned no. 12899989. thus since april, 1998, the plaintiff's firm is doing hotel business under the name and style of hotel ..... facts and circumstances of the case, i shall now first proceed to consider whether any of the parties can claim exclusive rights over the trade mark and whether the provisions of the trade marks act insofar as infringement of trade mark is concerned.20. at the outset, it must be remembered that for claiming exclusive right over a trademark, one has to register ..... this case, the plaintiff which was carrying on internet business through domain name starting with words 'sify' sought injunction for passing off action, under section 29 of the trade marks act, against the defendant, which subsequently started business under domain name 'siffynet'. the fact that plaintiff is the largest internet service providers in the country and the reputation and ..... for permanent injunction under section 51 of the copyright act was filed for passing off and copyright. the plaintiff was manufacturing pharmaceutical preparations for veterinary use under the trade mark nilverm with design container label registered as copyright while the defendant was manufacturing and marketing same drug bearing trademark as nilsole. the packing material of the defendant was a .....

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Aug 20 2004 (HC)

Ambadas Vittal Gajul Vs. S.R. Bootla

Court : Andhra Pradesh

Reported in : 2004(6)ALD391

..... established on the basis of clinching evidence.12. reverting to the facts of the case, the appellant specifically pleaded that he has been using the trade mark in question since 1986. in support of his contention, he filed third party affidavits of several persons. important among them is the one filed by ..... 1970]2scr222 , as under:'the distinction between an infringement action and a passing off action is important. apart from the question as to the nature of trade mark the issue in an infringement action is quite different from the issue in a passing off action. in a passing off action the issue is as ..... it needs to be noticed that most of the principles enunciated in the decisions cited by the parties relate to the final adjudication of infringement of trade marks or for torts of passing off, except for a few. the distinction between ah action for infringement of copyright, on the one hand, ..... him are of distinct quality and that over the years he had acquired substantial reputation. it was alleged that the appellant started using the same trade mark with some insignificant modification in the recent past and when he was about to initiate legal proceedings, the appellant filed o.s. no. 8 ..... concern, undertaking manufacture and business of dyed long cloth, casement, poplin etc., and that ever since 1986, he has been selling the cloth with a trade mark, having a semi circular inscription, 'ambadas vithal gajul, venkampet' at the top, head of a ram in the middle of the star in between and .....

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Mar 13 1958 (HC)

Mohamed MinhajuddIn Vs. Ahmed Khan

Court : Andhra Pradesh

Reported in : AIR1959AP168

..... the court below was justified in vacating the interlocutory injunction given in favour of the appellant.3. the appellant is the plaintiff. he is admittedly the owner of a trade mark registered under the trade marks act (v of 1940) under which he sells a medicinal preparation named as zinda tilismat. the respondent also prepares and puts in the market medicinal preparations under the ..... appellant has got his trade mark registered under the provisions of the trade marks act. the respondent no doubt claims to possess a registered trade mark.but the registration seems to have been unilaterally obtained under the hyderabad registration act which was never meant for such registrations. it ..... all probability deceive an unwary purchaser.the learned additional first judge has failed to take notice of this method. the advocate for the appellant invited our attention to both the trade marks. after examining them we felt satisfied that the similarity was sufficient to make out a prima facie case for me interim relief. in addition to it we find that the ..... caption of ruh-e-tilismat. the complaint on the part of the appellant was that the respondent had infringed his trade mark by adopting a design similar to that of the appellant and was passing off his goods to the detriment of the appellant. he, therefore, prayed for a perpetual injunction, .....

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Apr 24 1959 (HC)

Abdulla Khan Vs. B. MiskIn Saheb and anr.

Court : Andhra Pradesh

Reported in : AIR1960AP149

..... in the text book 'law of trade marks and trade names' by kerly, may be usefully extracted, hereunder;'two important questions are suggested by the sections concerned with deceptive resemblance : a. who are the ..... case of purchasers who are literate. if it was not the object of the defendants to make a design similar to that of the registered trade mark of the plaintiff, there are many ways open to the defendants to have prevented possible mistakes by either increasing the size of their own emblem ..... the retail dealers buying goods for resale would not be deceived, since they might themselves fraudulently or carelessly make use of the ambiguous character of the trade mark to deceive their customers the ultimate purchasers. in fact, dealers who buy from the manufacturers in order to sell by retail are often aware of ..... in telugu words '' (fighting beedi'). also the elephant is facing to the leftwards in the design. as correctly pointed out in kerly's law of trade marks at page 616, the issue is not to be determined by a comparison of the emblems in dispute. the relevant passage at pages 616 to 618 ..... to do. the design of an animal which design has no particular significance would not really be regarded as covered by the registration of the trade mark as excluding similar other animals being used by others. nobody can claim a soecial prerogative to make use of the design of an animal in .....

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Dec 29 2000 (HC)

T.V. Venugopal Vs. Ushodaya Enterprises and anr.

Court : Andhra Pradesh

Reported in : 2001(2)ALT42

..... essential feature is not to be by ocular test alone, it is impossible to exclude consideration of the sound of words forming part of the whole of the mark. (kerly, law of trade marks and trade names. 11th entitled. 1983 para 14.21).26. it is no answer to a charge of infringement - as contrasted with a passing off action - that the defendant's ..... , goodwill and confidence of public. the defendant has been doing the business under the name and style of ashika incense inc. the 1st defendant has been applying the plaintiff's trade mark eenadu fraudulently on the carton of agarbathis manufactured and sold by him, he has been infringing the plaintiff's copyright in respect of the artistic script eenadu deliberately, consciously, dishonestly ..... a eenadu television. the newspaper and the television use the name eenadu, which is written in a distinctive and novel artistic design. it gained sufficient commercial goodwill. eenadu is the trade mark of the plaintiff which owns the newspaper and satellite television. it also owns a copyright in the distinctive and novel artistic script. thus, it is the case of the plaintiff ..... goods, the application shall include a statement to that effect and shall be accompanied by a certificate from the registrar of trade marks referred to in section 4 of the trade and merchandise marks act, 1958 (43 of 1958), to the effect that no trade mark identical with or deceptively similar to such artistic work has been registered under that act in the name of, or .....

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