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Judgment Search Results Home > Cases Phrase: trade marks Court: guwahati Page 1 of about 1,633 results (0.024 seconds)

Dec 23 2004 (HC)

Green Valley Biscuit Pvt. Ltd. Vs. Madhabi Biscuit Pvt. Ltd.

Court : Guwahati

..... by the respondent. in the considered opinion of the court, the appellant have failed to establish prima facie their monopoly right over the trade mark to the exclusion of all others including the respondent. therefore, this court is not inclined to interfere with the impugned order passed by the ..... appellant does not appear to have a case in equity. the documentary evidenceon record is also not adequate enough to judge prior user of the trade mark in dispute. first impression of the labels produced does not suggest resembleness. besides, documents are on record to show that the word 'cocktail ..... established that he who comes into equity must come with clean hands and this applies strongly to parties seeking relief against the infringement of trade marks or in passing off action and against unfair competition because one seeking relief against fraud of others must be free from fraud, and ..... offer their products at a lower price luring the retailers and the customers. the use of the biscuits of the respondent company under the identical trade mark 'cocktail' has been a source of injury to the goodwill and reputation of the appellant company.5. the respondent company in their written objection ..... been possible due to quality and extensive publicity undertaken by the appellant during the past several years. the appellant had applied for registration of the trade mark to protect the design of the biscuits under the designs act, 1911 (now substituted by the designs act, 2000) and the same has .....

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Aug 30 2000 (HC)

Susanta Kumar Chowdhury Vs. Birendra Kumar Deb and ors.

Court : Guwahati

..... the decision of the bombay high court. the same question arose in the case reported in air 1953 sc 357. that was a case under the trade marks act. a decision was given by the registrar of trade marks. as against that an appeal was preferred before the single judge of the high court, the single judge decided the matter and against that an .....

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Aug 30 2000 (HC)

Susanta Kumar Chowdhury Vs. Birendra Kumar Deb and ors.

Court : Guwahati

..... the decision of the bombay high court. the same question arose in the case reported in air 1953 sc 357. that was a case under the trade marks act. a decision was given by the registrar of trade marks. as against that an appeal was preferred before the single judge of the high court, the single judge decided the matter and against that an .....

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Jun 12 1996 (HC)

Super Candles and anr. Vs. Mahabir Candle Works and anr.

Court : Guwahati

..... (amritdhara pharmacy v. satya deo gupta). that was a case where two words were used in 'lakshmandhara' and the other is 'amritdhara' 'lakshmandhara' was not a registered trade mark but 'amritdhara' was registered trade mark and the supreme court pointed in paragraph 7 as follows: '(7) it will be noticed that the words used in the sections and relevant for our purpose are ..... he fails. as stated earlier, in the instant case there is nothing distinctive or peculiar about respondent's trade mark, many such trade marks are in use in the market. since the features of the appellant's trade mark are common to the trade, no exclusive right over the trade mark can be claimed by the respondent. (g) no trader by adopting and using a particular style of ..... the defendants their servants, agents, atterneys etc. from manufacturing selling and/or offering for sale directly or indirectly dealing in candles under the trade mark prince fighter or any other trade mark as may be deceptively similar to the trade mark rocket & device of the rocket and particular get up and passing of the candles of the defendants as and for that of the plaintiffs ..... this period started selling extensively in the north east. on 8th of january, 1996, the appellant also filed an application in the office of the registrar of trade mark for registration of appellant's trade mark and the provisional number on the same was allotted. in the instant case the respondent has given no eason for its delay in bringing the suit. the .....

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Mar 06 2007 (HC)

Raja Kakati Vs. Union of India (Uoi) and ors.

Court : Guwahati

..... to him, there being alternative remedy, the petitioner cannot invoke the writ jurisdiction. he has placed reliance on the decision of the apex court in whirlpool corporation v. registrar of trade marks reported in (1998) 8 scc 01.10. i have considered the rival submissions made by the learned counsel for the parties as well as the materials on record. in the ..... . state of u.p.ii) : liberty oil mills v. union of india.iii) : north bihar agency v. state of bihar.iv) (1998) 8 scc 01 : whirlpool corporation v. registrar of trade marks.v) : abl international ltd. v. export credit guarantee corporation of india ltd.vi) : mahabir auto stores v. indian oil corporation.vii) (2006) supp. glt 550 : state of assam v. bhagya .....

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Nov 29 2001 (HC)

Bawa Masala Company Vs. Bawa Masala Co. P. Ltd. and ors.

Court : Guwahati

..... to avoid any further litigation between the parties it may be observed here that as per the mou between the parties dated 17.8.2000 the same trade marks can be used by both the parties. however, they can do business only in particular territories mentioned in the mou. apart from the above terms there ..... by costs in case the order of the registrar remains in operation.for all the above reasons the operation of the order of the registrar of trade marks dated 13.8.2001 is stayed during the pendency of this petition. at the same time both the parties have admitted that they are bound by ..... within the limits of the territories allotted to him under the mou. but they have not stated that other rights which accrued to the proprietor of the trade mark will also be available to the petitioner under the provisions of the act.there is prima facie case in favour of the grant of such a stay ..... the delhi high court on 16th october, 2001 in the following terms :'the proprietor of a registered trade mark acquires certain rights in the trade mark which are prima facie different from a mere right to use the trade mark. counsel for respondents 2 to 5 have submitted at the bar that they are not opposed to using ..... is not stayed as he would not be able to exercise the powers of proprietor a registered trade mark. on the other hand, respondents 3 to 5 who have no objection to the user of the registered trade mark by the petitioner no. 1 within the limits of territories allotted to him will not suffer any .....

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Jun 28 2000 (HC)

Anil Kumar Battacharyya Vs. Union of India and ors.

Court : Guwahati

..... the same is only self-imposed restriction. the law on this point has been settled by a catina of decision. 1998(8) scc 1 (whirlpool corporation, appellant v. registrar of trade marks mumbai and others, respondents), wherein in paragraphs 14 and 15 it has been stated as follows:-'the power to issue prerogative writs under article 226 of the constitution is plenary .....

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Dec 02 1999 (HC)

Ram Kumar Vs. J.M. Agarwal Tobacco Co. Ltd.

Court : Guwahati

..... for the appellants business is concerned, i have my grave doubt about the legitimacy of the arguments. i have perused from the original records the trade mark which is registered in the name of the appellant. it clearly confines the use of the brand name of bandar chhap tobacco by the appellant ..... parties to the suit at length the learned district judge, passed the impugned order issuing the order of injunction for restraining the appellant from using the trade mark of 'bandar chhap tobacco' with the device of "monkey sitting on the drum" in his packing of chewing tobacco for sale in the north ..... pending. there too the respondent has taken a false plea of arbitration. it was finally stated by the appellant that he has been using the trade mark of 'bandar brand' in his business of tobacco in the states of assam exclusively and continuously and has been advertising the said brand name by ..... business. the appellant also set up a counter case to the effect that the respondent had violated his undertaking given by selling good under the trade mark in ludhiana for which the appellant filed suit at ludhiana in which false objection was taken by the plaintiff respondent on the ground of arbitration, ..... consuming public of the north eastern states which consist apart from the literate, semi-literate and illiterate public who can identify the respondents product by trade mark and the get up of the packing. it was in april 1999, that the respondent came to know of the infringement of his rights by .....

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Dec 02 1999 (HC)

Ram Kumar Vs. J.M. Agarwal Tobacco Co. Ltd.

Court : Guwahati

..... for the appellants business is concerned, i have my grave doubt about the legitimacy of the arguments. i have perused from the original records the trade mark which is registered in the name of the appellant. it clearly confines the use of the brand name of bandar chhap tobacco by the appellant ..... parties to the suit at length the learned district judge, passed the impugned order issuing the order of injunction for restraining the appellant from using the trade mark of 'bandar chhap tobacco' with the device of 'monkey sitting on the drum' in his packing of chewing tobacco for sale in the north ..... pending. there too the respondent has taken a false plea of arbitration. it was finally stated by the appellant that he has been using the trade mark of 'bandar brand' in his business of tobacco in the states of assam exclusively and continuously and has been advertising the said brand name by ..... business. the appellant also set up a counter case to the effect that the respondent had violated his undertaking given by selling good under the trade mark in ludhiana for which the appellant filed suit at ludhiana in which false objection was taken by the plaintiff respondent on the ground of arbitration, ..... consuming public of the north eastern states which consist apart from the literate, semi-literate and illiterate public who can identify the respondents product by trade mark and the get up of the packing. it was in april 1999, that the respondent came to know of the infringement of his rights by .....

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Mar 04 2008 (HC)

Shree Pacetronix Ltd. and anr. Vs. State of Assam and ors.

Court : Guwahati

..... lee ltd., the question arose as to whether goods were 'connected in the course of trade with the proprietor of the trademark', within the meaning of section 4(3) of the trade marks act 1938. the proprietor of the trade mark was not revlon inc (revlon) but revlon suisse s.a. (suisse). in holding that ..... the goods traded by revlon were collected with suisse, buckley j., said:since...all the ..... authorized representatives including that of the writ petitioner company and the said tenderers or their authorized representatives had duly signed the attendance register to mark their presence. it is pertinent to mention that in the 'technical and commercial bid' envelope of the writ petitioner which was opened ..... relevant companies are wholly owned subsidiaries of revlon, it is undoubted that the mark is, albeit remotely ..... , an asset of revlon and its exploitation is for the ultimate benefit of no one but revlon.... the mark is .....

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