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!
Court : Delhi
Reported in : LC2010(2)14
..... word, the plaintiffs can have no monopoly to restrain its use. since 'piquant,' being a descriptive word, so the argument runs, could not be a trade name or trade mark, the plaintiffs cannot have a trade mark or a monopoly of which the use of the word 'piquant' by another trader can be an infringement. while i accept the premise, i am not ..... food stuffs. therefore, the use of the word 'low absorb technology' is justified.3.2 in this regard, reference is made to section 35 of the trade marks act, 1999 (hereinafter referred to as 'trade mark act') which, according to the defendant, permits use of the words or expression which are descriptive of the character and quality of goods and services even against ..... upon restructuring of the business the assets of the erstwhile cadila group were taken over both by the appellant and the respondent. the appellant had manufactured a drug under the trade mark/brand name 'falcigo' which contained artesunate used for the treatment of cerebral malaria. cerebral malaria is commonly known as 'falcipharum'. after obtaining the necessary permission from the drugs ..... that the navratna was descriptive having no distinctiveness and hence, could not be registered. this objection of the respondent was upheld. the appellant's application for registration of the trade mark was refused. this refusal led to the various proceedings being filed, which ultimately culminated in two appeals being filed in the supreme court. the supreme court upheld the finding .....Tag this Judgment!
Court : Kerala
..... paddy and inflorescence of coconut tree in its middle and two paddy shoots at both sides of the para. the general public, customers and consumers have accepted this trade mark as the trade mark of the plaintiffs' products. this is printed upon all packets, jute bags etc. of plaintiffs' products as well as their advertisements. the plaintiffs are manufacturers of ..... of behrain and dubai and process for registration is in progress in other countries also. the plaintiffs' application for registration of the trade mark is pending with the office of the registrar of trade marks, chennai. the plaintiffs' trade mark is distinctive and it distinguishes plaintiffs' products from similar products manufactured by others including the products of the defendants. the defendants ..... was opposed by the plaintiffs and the registering authority dismissed the application by their order dated 7-3-2005. the defendants have absolutely no authority to use the trade mark and trade name of the plaintiffs. the defendants' act is illegal. the plaintiffs are suffering heavy loss because of the defendants' activities. unless this illegal activities are prevented, ..... and distinguished with the defendants' products. the defendants have never taken advantage of the popularity and reputation or goodwill enjoyed by the plaintiffs. even though the trade mark and trade name used by the plaintiffs may be identical and similar to that of the defendants, they have no mala fide intention to pass off their products as .....Tag this Judgment!
Court : Supreme Court of India
..... 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 etc. it implies positive acts; not merely silence or inaction such as is involved in laches." the court further observed that: "the defence of acquiescence, thus, would be satisfied ..... : (i) sitting by or allow another to invade the rights and spending money on it; (ii) it is a course of conduct inconsistent with the claim for exclusive rights for trade mark, trade name, etc.in power control appliances and ors. v. sumeet machines pvt. ltd.  1 scr 708, this court stated: acquiescence is sitting by, when another is invading the ..... , and as is conceded by both parties before us, that the enunciation of principle of law with regard to the protection available even in respect of the descriptive trade mark was wrong. a descriptive trade mark may be entitled to protection if it has assumed a secondary meaning which identifies it with a particular product or as being from a particular source. ... ... ..."81. learned ..... tortuous act or deceit is committed by the defendant the plaintiff gets a fresh cause of action to come to the court by appropriate proceedings. similarly infringement of a registered trade mark would also be a continuing wrong so long as infringement continues. therefore, whether the earlier infringement has continued or a new infringement has taken place cause of action for filing .....Tag this Judgment!
Court : Chennai
..... special provision has now been made to deal with that situation by incorporating sub-section 5 of section 29 and therefore, so far as subject of using of registered trade mark as a trade-name is concerned, provision is contained in sub- section 5 of section 29 and therefore on that subject no other provision would apply. generalia specialibus non derogant is ..... might be provided by the same business and so with descriptions of goods and descriptions of services. association of trade marks are defined under section 2(1)(c): 2(1)(c) associated trade marks means trade marks deemed to be or required to be registered as associated trade marks under this act. 24.the onus is on the registered proprietor who is invoking the provisions of section ..... practices in industrial or commercial matters; or (b) is detrimental to its distinctive character;or (c) is against the reputation of the trade mark. (9) where the distinctive elements of a registered trade mark consist of or include words, the trade mark may be infringed by the spoken use of those words as well as by their visual representation and reference in this section to ..... is having registered office at chennai and carrying on business as retail service provider in beauty and health care merchandise, eversince 1997. (ii)respondent/plaintiff has been using the trade mark and the trade device known as 'health and glow, written in a stylised manner with the image of a dancing girl inside the letter 'g' eversince 1997. it was registered under .....Tag this Judgment!
Court : Chennai
..... . since the order passed by the 2nd respondent board, allowing the rectification application for removal of the petitioner's trade mark from the register of trade marks by applying the principle which was available to the trade mark holder before registering the trade mark, suffers from illegality, this court can make interference under article 226 of the constitution of india. under such circumstances ..... for sale. while so, on 16.02.2008, the 4th respondent came across yet another application for registration of the trade mark 'rhizome's imperial gold' whisky label vide trade mark application no.1454195 advertised in the trade mark journal and the same was also opposed by the 4th respondent's wholly owned indian subsidiary austin nichols and company. the ..... in our considered opinion, the grounds embodied under sections 9 and 11 are available to the persons only at the time when they raise objection for registering the trade mark. the said principles cannot be applied for rectification of the registration, particularly considering the factum that the liquor india private limited has withdrawn their objections before the ..... and blending partner of seagram manufacturing private limited, though objected to the said label, subsequently it had withdrawn their objections and thereafter, the petitioner has been using the trade mark 'rhizome imperial gold' for several years. but, all of a sudden, the 4th respondent filed an application under section 57 of the act for rectification of the .....Tag this Judgment!
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 .....Tag this Judgment!