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Judgment Search Results Home > Cases Phrase: trade marks Court: madhya pradesh Page 1 of about 4,307 results (0.074 seconds)

Aug 20 1958 (HC)

Radhakisan Naraindas, a Partnership Firm Vs. Trilokchand and ors.

Court : Madhya Pradesh

Reported in : AIR1959MP21

..... of khargosh is enclosed in a scroll and the writing is in hindi.2. the plaintiff-firm claims that it got the trade mark 'khargosh chhap' registered under the indian trade marks act, 1940. it claimed that the label of the defendants was sufficiently similar to cause confusion in the mind of an unwary ..... affidavits, which in the circumstances of the case were a poor substitute for the kind of proof needed to apply section 25 of the indian trade marks act to such a case. before us also reliance was placed upon those same affidavits and the declaration to which we have referred.we do ..... today.5. there can be no doubt that if the label was in current use before the registration of the plaintiff's label under the indian trade marks act, the provisions of the section above quoted would save prima facie the defendant from the grant of a temporary injunction. for this purpose, however ..... predecessor in title of his,whichever is the earlier, or to object (on such use being proved) to registration of that identical or nearly resembling trade mark in respect of those goods under sub-section (2) of section 10. the learned counsel for the appellant contends on the authority of two cases ..... arises out of a suit for damages and permanent injunction against the respondents-defendants, who, it is alleged, are infringing a registered trade mark of the plaintiff-firm. this trade mark is affixed as a label containing the picture of a rabbit and as tissue paper (jhilli) on the bidis manufactured by the appellant. .....

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Oct 25 2005 (HC)

Jagdamba Oil Agency Vs. K.S. Oils Ltd. and ors.

Court : Madhya Pradesh

Reported in : 2006(1)MPHT427; 2006(33)PTC389(MP)

..... parties and perused the record. so far as merit of the conclusion with regard to maintainability of the suit filed by the petitioner under section 142 of the registration of trade mark act or otherwise are concerned, i am of the considered view that this question need not be looked into in the present proceedings as they are not relevant for deciding ..... has been filed.4. petitioner contends that on the same facts and circumstances, they have also initiated proceedings in the court of distt. judge, darjeeling under section 142 of the trade mark act and have sought various reliefs in the said suit filed by them in darjceling. an objection was raised and taking recourse of the provision of section 10 of cpc ..... the plaintiff are engaged in manufacturing and sale of mustard oil and both are using a common trade mark, i.e., ('double sher'). it is the case of the defendant/respondents that they are using the aforesaid trade mark since 1996, an application for registration of aforesaid trade mark is under consideration before the competent authority and they have acquired proprietary right and interest over the ..... representing respondents taking me through the suit filed by respondent in the court of district judge morena annexure p-2 so also the suit under section 142 of the indian trade mark act, 1999 annexure p-5, filed by the petitioner before distt. judge, darjeeling, inviting my attention to the provisions of section 142 of the .....

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Mar 14 1957 (HC)

Beniprasad Agarwal Vs. Hindustan Lever Ltd.

Court : Madhya Pradesh

Reported in : AIR1958MP348

..... it is necessary to prevent the mischief. 7. of course, there are various ways of doing justice between the plaintiff and defendant in an action for infringement of a registered trade mark. sometimes the courts take security for likely damages; sometimes the courts put the plaintiff to strict proof of his account, both the production and of sale; sometimes the courts ..... did not register it in any particular colour. they had their label registered in black and white and in view of the provisions of the indian trade marks act, 1940. as also of the previous trade marks act, their registration covers all colours and combination of colours. the short point, therefore, is whether the attempt to put out products of the bajoria ..... -company have also cross-objected and asked for the grant of a temporary injunction against certain other alleged infringements of the registered trade mark. this order shall dispose of all these matters. 2. as regards the application for the correction of the name of the respondent-company, no objection was raised, and i ..... appeal is directed against the order granting a temporary injunction in a suit filed by the respondent, lever brothers (india), limited, bombay, in an action for infringement of the registered trade mark of the respondent company. there is also an application made for correcting the name of the respondent-company into 'hindustan lever, limited, bombay', which is not opposed. the respondent .....

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Apr 08 2005 (HC)

Rajesh Shukla Vs. Smt. Meena and anr.

Court : Madhya Pradesh

Reported in : 2005CriLJ3800; II(2005)DMC303; [2005(3)JCR385(MP)]; 2005(2)MPHT301; 2005(2)MPLJ483

..... by virtue of such laws and regulations relating to civil procedure as shall be hereafter made by the governor general in council. in this case, question of proceedings under the trade marks act was for consideration. full bench in para 6 has held that the act does not provide or lay down any procedure for future conduct or career of that appeal .....

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Feb 27 1961 (HC)

Mohanlal Harprasad, a Firm and ors. Vs. Firm Lal Mohammad, a Partnersh ...

Court : Madhya Pradesh

Reported in : AIR1962MP297

..... and ex. g) have been in the market for the last 24 years and the respondent has built up its business on the reputation of that particular trade mark, although it may not have been registered. but, there is no attempt at causing confusion or at passing off the respondent's goods for the appellant's ..... consumers.16. so far as this court is concerned, shiv dayal, j. had to consider the question of grant of a temporary injunction in relation to a trade mark in abdullahkhan sahebkhan v. mohammad ismall, 1959 mplj 544, wherein he observed as follows:'in read bros v. richardson and co., (1881) 45 lt 54, ..... has no vested interest in the choice of colours, although it is true he would certainly have a vested interest in the general get up of the trade mark and any attempt to copy the same or to put any similar labels, which are likely to create confusion can be resisted by him by way ..... , their lordships of the privy council laid down as follows :'the learned judge also raised an issue as to whether registration of the plaintiff's said trade marks entitled them to prevent the user by the defendants of the features and devices surrounding the portraits of the plaintiff ana he answered that issue in the ..... a matter for decision in the case if the plea were raised. what i have to find out is whether there is an infringement of the trade mark of the plaintiff-company sufficient to warrant me to hold that some temporary action has to be taken to safeguard an irreparable injury to the plaintiff-company .....

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Nov 28 2008 (HC)

Kale Khan Mohd. Hanif and ors. Vs. Mohd. Iqbal

Court : Madhya Pradesh

Reported in : AIR2009MP84; 2009(40)PTC210(MP)

..... '. the authorities on which reliance have been placed upon by mr. acharya, as we are disposed to think, really do not relate or pertain to the field of distinction between 'trade mark' and 'goodwill'. they are, as we perceive, relate to a different sphere. hence, the said decisions are distinguishable.19. in view of our aforesaid analysis in the backdrop of ..... of the firm is erroneous inasmuch as the goodwill belongs to a firm and is an asset of the firm and the trade mark is a different concept having a different connotation under the provisions of the trade marks act.(iii) the trade mark can be assigned with or without goodwill and therefore, it has a different status altogether and hence, the order passed by ..... alok aradhe, learned senior counsel appearing on behalf of the respondent, resisting the aforesaid proponements, advanced the following submissions:(i) it is not open to the appellants to contend that trade mark and goodwill of the firm are one and the same thing inasmuch as the commissioner by report dated 31-1-2005 had rejected the report of the commissioner on the ..... 20,77,58,259.90 p. which is illegal, exorbitant and unreasonable and not permission because goodwill consists of so many ingredients including situation, locality, expertise, product qualify, reputation but trade mark has no independent existence apart from goodwill.(h) the learned single judge has committed illegality by travelling beyond the scope of the writ petition while issuing a direction for auction .....

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Feb 19 1991 (HC)

Radhakishan Narayandas (Partnership Firm) Vs. Manmohan Garg

Court : Madhya Pradesh

Reported in : 1993(0)MPLJ909

..... ex.p/6 (of which ex.p/6-a is an annexure, to which reference is made in ex.p/6 as photo-copy of the label trade mark registered, in respect of registered trade mark 112689, the details given are that it was registered as of 14-8-1945 in clause 34 for bidis to be sold excepting in madras and mysore and ..... by referring to the dictum '....(when) the court reaches the conclusion that there is an imitation, no further evidence is required to establish that the plaintiff's rights are violated.' trade marks were registered by the plaintiff in respect of wrappers in which biscuits were packed for sale on which words respectively. 'gluco' and 'parle's gluco biscuits' were printed. high court ..... defining property of different types. some uniformity is achieved when international conventions are signed. there exists today an international convention of industrial property for the protection of industrial designs and trade marks etc., but the convention is not a part of domestic law of any of the contracting parties (see halsbury, 4th edn., para 7).16. in the instant case, no 'competent ..... constituting infringement. -- (1) notwithstanding anything contained in this act, the following acts do not constitute an infringement of the right to the use of a registered trade mark: ... ... ... (d) the use of a registered trade mark being one of two or more trade marks registered under this act which are identical or nearly resemble each other, in exercise of the right to the use of that .....

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Nov 20 2003 (HC)

Kiran Gupta Vs. Pizza Hut International, Lle and ors.

Court : Madhya Pradesh

Reported in : 2004(3)MPLJ329; 2004(28)PTC279(MP)

..... relied upon roche & co. v. g. manners & co., air 1970 sc 2062 wherein test of totality of the trade mark and its likelihood to cause deception or conclusion or mistake in the minds of persons accustomed to the existing trade mark has been adopted. trade marks 'dropovit' and 'protovit' were held not to be deceptively similar. he has claimed that being written in different ink ..... and style trade name 'pizza ghar' is not deceptive for the customers j.r. kapoor v. micronix india, 1994 (ii) ..... ', surya roshini ltd. v. electronic sound components, 1994 ptc 244 where adoption of trade mark 'bhaskar' in respect of fluorescent was held to be deceptively similar to the mark of 'surya'., bhatia plastic v. peacock industries, 1995 ptc 150 where trade mark 'peacock' was held to be deceptively similarly to trade mark 'mayur', centron industrial alliance ltd. v. gillette u.k. ltd., 1998 ptc (18) (db) ..... of respondents no. 1 to 3 'pizza hut' is written below a hat like emblem, if the impugned trade mark and logo is kept side by side of the registered trade mark and logo of respondents no. 1 to 3. the difference is obvious to every on looker. no minute vigilance is necessary to visualize such a difference. certainly, any customer .....

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May 11 2004 (HC)

Dhariwal Industries Limited and ors. Vs. M.S.S. Food Products

Court : Madhya Pradesh

Reported in : 2004(29)PTC45(MP)

..... of passing off action are the reputation of goods possibility of deception and likelihood of damages to the plaintiff. in our opinion, the same principle, which applies to trade mark, is applicable to trade name.'10. reputation of the goods, possibility of deception and likelihood of the damages to the plaintiff are essential elements of the action for passing off. laxmikant ..... besides that several invoices from art studios advertising and publicity agencies had been field which clearly go to show that supari mix and ayurvedic medicines were being prepared under that trade mark. besides that the respondent has submitted affidavit of nitesh wadhwani and anil kumar mishra also in support of his cause of action. the learned district judge has been ..... letter dated fcr 72 dated 04.03.1997. in which 10 fresh labels of trade mark is called for after deleting the (r) the label of the mark.in this label applicant is wrongly mentioned that mark is registered trade mark which is under section 81 of trade & merchandise marks act, 1958. trade description of the applicant in this is also false.(7) there is another inconsistency ..... ) of m/s. manikchand zarda. in view of this application is refused for the registration under sections 9 and 18(1) of trade and merchandise marks act, 1958.'19. certainly, such a refusal for registration of trade mark with the grounds for refusal justify the order of the learned district judge.20. further more the respondent had submitted copies of several reports .....

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Oct 23 1961 (HC)

Shiv Prasad Ram Dayal Vs. Shyamlal Bhagirath and anr.

Court : Madhya Pradesh

Reported in : 1962CriLJ551; 1962MPLJ709

..... accused-respondents shyamlal and jeewanlal of offences under section 482 of the indian penal code. the accused-respondents were convicted by the magistrate second class, sihora for having used false trade mark and sentenced to pay a fine of rs. 500/-each, or in default to undergo rigorous imprisonment for three months each. the complainant was awarded rs. 400/- as compensation out ..... oil a hunting scene having no resemblance with the former and called his cherry brandy 'huntsman cherry brandy'. kays, j., notwithstanding the dissimilarity in the designs held that the latter trade mark was calculated to deceive.10. in bryant and may, ltd, v. united match industries, ltd. (1933) 50 rpc 12, the similarity between the upturned scrolls on the labels of the ..... difference in numbers there was an overall similarity between the two lables sufficient to deceive an unwary purchaser or whether the difference in numbers made the motifs of the two trade marks so dissimilar that there could not be any reasonable possibility of deception, as stated by us earlier, the mere difference in detail and the difference in number may only be ..... print (47 or 57 as the case may be) with the sound (fortyseven or fiftyseven as the case may be) associated with it, the difference in numbers in the two trade marks would not be a distinguishing feature where the overall similarity is otherwise great.16. we are, therefore, of opinion that the acquittal of the accused was improper and has occasioned .....

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