Court : Delhi
Reported in : 2009(41)PTC492(Del)
..... decisions' and 'decided', in a proposal/counter-proposal.13. an analysis of the family arrangement dated 14.4.1995 would show that besides giving trade mark 'kangaro' and trade name 'kanin' to shri jaininder jain, while giving trade mark 'kenin' and trade name 'kangaro' to shri arihant jain and shri vishwa jain after 31.3.96, the parties also decided, presumably with a view to avoid ..... by learned counsel for the respondents that the appellants did not set up the family settlement dated 14.4.1995 before the registrar of trade mark while applying to record changes in the register of trade mark, in respect of the trade mark 'kennin' under registration no. 486510, and in fact relied upon the retirement deed dated 31.3.1995 for this purpose. in our ..... registration under section 17(1b) of registration act, that would not come in the way of giving effect to that part of the document which deals with granting ownership of trade mark 'kangaro' to shri jaininder jain and therefore does not require compulsory registration. section 49 of the registration act prescribes effect of non-registration documents which are compulsorily registrable. it ..... of the trademark 'kangaro', though turnover of the respondents is stated to be much brighter than that of the appellants, (v) in some countries the appellants are using this trade mark while in some other countries it is being used by the respondents; (vi) the court can take a final view on the nature, admissibility and applicability of the documents termed .....Tag this Judgment!
Court : Delhi
Reported in : 146(2008)DLT274; LC2007(3)57; 2008(36)PTC269(Del)
..... acquiescence is sitting by, when another is invading the rights and spending money on it. it is a course of conduct inconsistent with the claim for exclusive rights in a trade mark, trade name. it implies positive acts; not merely silence or inaction such as is involved in laches'. this passage delineates the watershed between the legal concepts of delay and of acquiescence ..... of six months from the date of communication of this order.after review132. we, in view of our findings aforementioned, direct:(i) the respondents be restrained from using the trade mark including the trade name 'ramdev masala' in any of their products.(ii) they may, however, carry on their business in any other name insofar as manufacturing of spices is concerned and in ..... in the context of the memorandum of understanding, their lordships directed that -original134. we, in view of our findings aforementioned, direct:(i) the respondents be restrained from using the trade mark including the trade name 'ramdev masala' in any of their products.(ii) they may, however, carry on their business in any other name insofar as manufacturing of spices is concerned.(iii) the ..... rs. 50 lakhs before the trial court or furnish a bank guarantee for the said sum by way of security.(v) despite pending applications for rectification before the registrar of trade marks, the final hearing of civil suit no. 828 of 2000 shall be expedited and the learned trial judge is hereby directed to complete the hearing as expeditiously as possible .....Tag this Judgment!
Court : Delhi
Reported in : 169(2009)DLT209; 2009(41)PTC362(Del)
..... a continuous user by him.'18. in amaravathi enterprises v. karaikudi chettinadu : 2008 (36) ptc 688 (madras)(db), it was observed that apart from prior continuous use of the trade mark and trade name, the defendant seeking to set up a defence of prior use under section 34 of the tm act had to also prove the volume of sales. in veerumal praveen ..... the us embassy and us aid office, new delhi. it was in those circumstances that reliance was placed on the advertisements in the country for dissemination of knowledge about the trade mark. therefore, the said case was not about mere advertisements but advertisements coupled with the availability of goods even outside india. the whole case proceeded upon the extra territorial reputation of ..... . v. the british pure oil grease and carbide co. ltd. (1934) 51 rpc 157, a distinction was drawn between the standard of proof of continuous prior user of an unregistered trade mark as required in an infringement action and that required in a rectification proceeding. the standard requited to defeat an infringement action was more stringent and rigorous. it was observed that ..... of 1996, sales and income tax returns from 1996 onwards and excise registration certificate.11. the learned single judge noted that injunction should ordinarily follow the infringement of a registered trade mark, subject to two exceptions contained in the tm act. the first exception being section 28 which was to the effect that if both the plaintiff and the defendant are owners .....Tag this Judgment!
Court : Kerala
Reported in : AIR1962Ker156
..... sharma bona fide using it. 10. another consequence of the word not having lost its original meaning is that the register of the trade marks under the trade marks act, 1940 has to be corrected, so far as the word navaratna is concerned, except in the combination, which we propose to ..... other preparations. it is admitted in the case that the firm later had registered 'navaratna' and 'navaratna pharmceutical laboratories', as its two trade marks under the cochin trade marks act, act xix of 11119. the relevant documents are exts. j(1) and j (2) and both are of the year ..... likelihood of a person being deceived. in this connection, we may refer to the following passage from kerly on trade marks seventh edition, pp. 615, 616: ''a trade mark is likely to deceive or cause confusion by its resemblance to another already on the register if it is likely to ..... and 'navaratna pharmaceutical laboratories' later, so as to distinguish his business from those of other' the learned judge has next held that the aforesaid trade mark, 'navaratna pharmaceutical laboratories' has teen infringed by the use of the words 'navaratna kalpa pharmacy', and not by the words 'navaratna kalpa', that ..... attributes. the next group of the conclusions in the judgment is that the registration of 'navaratna' and 'navaratna pharmaceutical laboratories' under the trade marks act and the renewals constitute prima facie evidence of the validity of the registration; that pandit sharma should establish their invalidity; and that as .....Tag this Judgment!
Court : Gujarat
Reported in : (2009)2GLR1376; 2010(41)PTC675(Guj)
..... business or personally works for gain. under the circumstances as the plaintiff company carries on business at ahmedabad, suit filed by the said company for infringement of registered trade-mark 'dolaren' and also for infringement of copyright, civil court at ahmedabad would have territorial jurisdiction. relying upon the decision of the hon'ble supreme court in the ..... therefore, the learned chamber judge has committed an error in granting injunction in favour of the plaintiff and against the defendant. it is submitted that considering provisions of trade mark act, 1999 more particularly section 134 of the said act, for passing off action, the civil court, ahmedabad would not have any territorial jurisdiction as admittedly the defendant ..... in any manner, whatsoever with the business of the plaintiff, his agents, servants, distributors and retailers from manufacturing, marketing, selling and advertising their goods by using impugned trade-mark boleran along with the copyright in the artwork of its label and on packages.(e) the defendant be ordered to produce accounts for the sale of boleran along with ..... in the business of manufacturing, marketing, selling and exporting medicinal and pharmaceutical preparations and the defendant is also manufacturing, selling and exporting an identical product under deceptive similar trade-mark 'bolaren' and copyright consisting the artistic work in its label, packages etc. which is an identical or rather ditto-to-ditto same as that of the plaintiff's .....Tag this Judgment!
Court : Chennai
Reported in : AIR1970Mad156
..... he filed an application, o.p. no. 65 of 1954 in this court under section 46 of the trade marks act of 1940 for rectification of the register of trade marks by the removal of the trade mark (no. 126612) which had been registered with effect from 1946 in the name of b. s. ramappa, ..... celebrated '4711 eau-de-cologne,' rueter co., ltd. was a company in england and it claimed to have been rightly registered as proprietors of the trade mark '4711' in england, and brought the action against the defendant for some reliefs based on that allegation. before the outbreak of the ii world war ..... use, in relation to the same goods or description of goods, of trade marks nearly resembling each other or of identical trade marks, if, having regard to the similarity of the goods and of the trade marks, the use of the trade marks in exercise ot those rights would be likely to deceive or cause confusion.' ..... . where, as here, another party in the same way of business had already put forward a claim to be the proprietor or the identical trade mark and had withdrawn the application for registration merely to avoid controversy and expense, it seems to be impossible to hold that the party who had ..... the claimant to make out that he is the proprietor, because the section speaks of the registrar permitting registration by more than one proprietor of trade marks which are identical or nearly resemble each other in the case of honest, concurrent use or other special circumstances.section 18 under which the .....Tag this Judgment!
Court : Chennai
Reported in : AIR1962Mad127
..... human face and the numeral 1431. these are, in my opinion, sufficient to show that the first defendant consciously adopted his trade mark with the idea of pirating the trade mark of the plaintiffs.(17) the next question for my consideration is whether the plaintiffs are not entitled to any relief in ..... it is for me to assess the value of the contention that the public are likely to the misled by the two trade marks. i have perused the two trade marks and they resemble each other very closely both in get-up, in the colour scheme adopted, and, in the descriptive matter ..... of 1935. thereafter, the founder duraiswami mudaliar is said to have added the words "registered no. 1431" as part of his trade mark. in 1937 the founder altered the trade mark by adopting a red and green label wherein his won bust portrait appeared at the left hand bottom corner. besides the expression ..... in para 11 of the plaint.5. are not the proceedings in rectification application no. 228 filed by the plaintiffs before the registrar of trade marks irrelevant and inadmissible pending the decision in the appeal against the order in rectification application no. 228.6. were not the plaintiffs refused registration ..... defendant's goods being sold to the public as plaintiff's tooth powder. thereupon plaintiff applied for rectification of the trade mark register by expunging the registration of the trade mark obtained by the first defendant. this application was made on 4-4-1955 and after notice to the first defendant .....Tag this Judgment!
Court : Chennai
Reported in : LC2007(2)247; 2008(36)PTC150(Mad)
..... different type of sun rays in the background in the consumer packages of the respondents.11. the mark found in the trade mark of the applicants is 'udhaiyam' whereas the mark found in the trade mark of the respondents is 'arvee'. therefore, the mark found in the trade mark of the applicants and the respondents are totally different. but the applicants agitate over the device of ..... respondents, much hardship will be caused to the applicants who have got their trade mark registered. the publication of the trade mark in the trade marks journal by the respondents does not confer any right on the respondents to violate the registered trade mark of the applicants. at the same time, the trade mark used by the respondents in the consumer packages are found to be dissimilar ..... order of ad-interim injunction may be vacated.5. the point that arises for determination is whether the applicants have shown prima facie infringement of the applicants registered trade mark and copy right and tort of passing off goods.6. learned counsel for the applicants would submit that admittedly the respondents have started using the device of sun ..... a market share of 90% in respect of its dhall alone in tamilnadu. they have established an extremely efficient supply chain, logistic and wide spread distribution network. the trade mark 'udhaiyam' together with the device/logo/artistic work of sun rays was honestly conceived employed and exploited by the applicant since 1940. they have invested heavily in bringing about .....Tag this Judgment!
Court : Chennai
Reported in : (2009)6MLJ470; 2009(41)PTC427(Mad)
..... brand'.31. the learned counsel for the appellant/plaintiff has produced a true original certificate of the entry in the register of trade marks relating to trade marks no. 467004 in clause 24 and the registration date is mentioned as 02.2.1987 and the renewal date is mentioned as ..... buyer who go in for match boxes would be dominant and the unwary purchaser does not have an opportunity of seeing infringed trade marks and registered trade mark side by side and the words found in the label of plaintiff and defendant though totally dissimilar, cannot mean that there would ..... in blue, red and yellow colour combination. the appellant has applied for the registration of the trade mark as per the relevant provisions of trade and merchandise mark act, 1958 before the registrar of trade marks at chennai on 02.02.1987 in clause 24 in respect of textile cloth which has been ..... the respondent/defendant has adopted the label of the appellant/plaintiff in a deceptive way and therefore, there is infringement of appellant/plaintiff's registered trade mark by the respondent/defendant, the learned counsel for the appellant relies on the hon'ble supreme court decision parle products (p) limited v. ..... respondent/defendant is not restrained by means of a permanent injunction, the appellant/plaintiff cannot continue their business of selling lungies under the trade mark of jet brand and irreparable damage and loss will occur, which cannot be easily compensated in terms of money. the respondent/defendant is .....Tag this Judgment!
Court : Chennai
Reported in : LC2008(1)173; (2008)3MLJ575; 2008(36)PTC400(Mad)
..... manner dealing in cakes, chat items, snacks or items other than breads by using the name 'milka' which is identical to the plaintiff's mark 'milka' either as a trade mark or trade name or trading style amounting to passing off their products as and for the plaintiff's products or in any other manner whatsoever.(d) the defendants be ordered ..... in the year 2007 which resulted in filing the present suit in as much as the respondent committed acts of infringement of appellant's registered trade mark 'milka wonder cake' by using the trade mark 'milka.'11. along with the suit the appellant also filed o.a.nos.708 to 710 of 2007 for interim injunction pending disposal of ..... transporters, distributors, printers, stockists, wholesalers, dealers, retailers or any one claiming through or under them from committing acts of infringement of plaintiff's registered trade mark 'milka wonder cake' by use of trade mark 'milka' or any other mark similar thereto in respect of cakes.(b) a permanent injunction restraining the defendants by themselves, their directors, heirs, legal representatives, successors in business, assigns ..... dealers, retailers or any one claiming through or under them from committing acts of infringement of copyright of plaintiff's artistic work in the capsule shaped device and the trade mark 'milka' depicted thereon by use of an almost identical and nearly similar capsule shaped device and the trademark 'milka' depicted thereon amounting to substantial reproduction of the plaintiff .....Tag this Judgment!