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Judgment Search Results Home > Cases Phrase: trade marks Sorted by: recent Year: 2017 Page 1 of about 1,051 results (0.045 seconds)

Dec 14 2017 (SC)

Toyota Jidosha Kabushiki Kaisha Vs. M/S Prius Auto Industries Limited

Court : Supreme Court of India

Decided on : Dec-14-2017

..... required to be proved by the plaintiff, i.e., his goodwill, misrepresentation and damages.22. the following passage from kerly s law of trade marks and trade names 7 noticed in s. syed mohideen (supra) may be reiterated herein for a clear exposition of the principles laying down the test for ..... of dishonest intention on the part of the defendants to defraud the plaintiff to derive undue benefit from the goodwill and reputation of the trade mark of which the plaintiff is the first user.18. shri chidambaram has additionally urged 26 that the story put forward by the defendants ..... the trial, the learned trial judge by judgment dated 08.07.2016 held that the impugned acts of the defendants constituted infringement of the trade marks toyota , toyota innova and toyota device registered in favour of the plaintiff. the learned judge also held that such acts of the defendants amounted ..... the indian market, according to the defendants, it was impossible for the people in india to identify and recognize or associate the defendants registered trade mark prius with any of the products of the plaintiff. in fact, in the written statement filed, the defendants claimed that as they were ..... one of the foremost automobile manufacturers in the world. according to the plaintiff it had acquired registration in india in different classes for its trade marks toyota , toyota innova and toyota device 3 during the years 1989-2003. it was specifically averred by the plaintiff that the goods manufactured .....

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Dec 14 2017 (SC)

Royal Orchid Hotels Ltd. Vs. Kamat Hotels (India) Ltd .

Court : Supreme Court of India

Decided on : Dec-14-2017

..... year 2007.5. a reading of the order of the deputy registrar dated 29.06.2009 would go to show that the refusal of registration of trade mark royal orchid to the petitioner in class 42 was on a 4 consideration of the evidence and materials laid before the said authority. on such consideration ..... high income) there could be no possibility of being misled cannot be accepted as a general proposition and will always depend on individual customers. as the marks/logos were largely similar, the high court took the view that even 9 on the second question formulated by it the writ petition has to be allowed ..... high court was also of the view that notwithstanding the class of customers serviced by the parties before it, it cannot be said that the two logos/marks would not give rise to confusion amongst the customers using the hotels. in this regard, the high court observed that the view expressed by the ipab ..... the materials brought on record by both the parties. the conclusion that the petitioner had not demonstrated that it was the first user of the logo/mark and that it 6 is the respondent who is the first user was arrived at on such consideration. in fact, from the very application for registration ..... considering the class of customers that would be serviced by the parties before it, no confusion 5 is likely to be caused by use of two logos/marks i.e. 'royal orchid hotels limited' and 'orchid' respectively. this is an additional ground on which the petitioner s claim for registration in class 42 .....

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Dec 14 2017 (SC)

The State of Jharkhand Vs. M/S Hindustan Construction Co. Ltd.

Court : Supreme Court of India

Decided on : Dec-14-2017

..... commissioner of gift tax, madras v. n.s. getty chettiar10, commissioner of sales tax, state of gujarat v. union medical agency11, saith & skelton (supra) and whirlpool corporation v. registrar of trade marks, mumbai and others12. it is urged by the learned senior counsel for the respondent that section 14(2) of the act indicates that there may be a case where the ..... of forum conveniens is expressly excluded by section 42 see jsw steel ltd. v. jindal praxair oxygen co. ltd.20, scc at p. 542, para 59). section 42 is also markedly different from section 31(4) of the 1940 act in that the expression has been made in a court competent to entertain it does not find place in section 42 .....

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Dec 07 2017 (HC)

Krishna Prasad Shah Vs. Human Resources Department

Court : Jharkhand

Decided on : Dec-07-2017

..... increment with or without cumulative effect and, therefore, it would be a minor penalty only. the learned state counsel has relied on decision in whirlpool corporation vs. 5 registrar of trade marks, mumbai and others reported in (1998) 8 scc 1.6. in his dissenting opinion lord denning m.r., in breen vs. amalgamated engineering union reported in (1971) 1 all er ..... the petitioner. one of the charges is unauthorized absence on a saturday. explanation offered by the petitioner was that in the closing hours he had left the school for submitting marks sheet and attendance of the students in the office of jharkhand academic council at daltonganj. the petitioner has pleaded that mid day meal for the students in the school is .....

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Nov 29 2017 (SC)

Patel Field Marshal Agencies and Anr. Vs. p.m Diesels Ltd. And Ors.

Court : Supreme Court of India

Decided on : Nov-29-2017

..... a condition subject to which registration was granted. 38 24. in cases where in a suit for infringement of a registered trade mark the validity of the registration of the trade mark is questioned either by the plaintiff or by the defendant, section 107 of the 1958 act provides that an application for ..... confined to a consideration of the question of the prima facie assessment of tenability which would not touch upon the question of invalidity of 36 the trade mark on merits. the view expressed in astrazeneca uk ltd. (supra) was held to be unacceptable on that basis. insofar as the abandonment of ..... a defence under clause (d) of sub- section (1) of section 30 and the plaintiff pleads the invalidity of the registration of the defendant's trade mark, the court trying the suit (hereinafter referred to as the court), shall,-- (i) if any proceedings for rectification of the register in relation to ..... registration arises therein and the civil court is satisfied as to the prima facie tenability of the issue of invalidity of the registration of the trade mark, the provisions of section 111 would take over and govern the proceedings in the suit including the issue of invalidity. it is further ..... and (c) of section 32. it is contended that the question of conclusiveness as to validity 1 (air) 1971 sc89815 of the registration of the trade mark can be raised in an infringement suit as also in a rectification application. the very requirement of permission of a subordinate court (district court) for .....

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Sep 21 2017 (HC)

Sanjay Danchand Ghodawat Vs. Additional Commissioner of Customs (Port) ...

Court : Kolkata

Decided on : Sep-21-2017

..... by a statute which gives a special remedy for enforcing it, the remedy provided by that statute must be availed of. in the case of whirlpool corporation-vs.-registrar of trade marks, (1998) 8 scc1 the apex court observed that under art. 226 of the constitution of india, the high court having regard to the facts of a case, has a discretion ..... ,653/- stating that the petitioner was approaching the settlement commission. on 14 february, 2013 the addl. director, dri addressed a letter to the commissioner of customs (port).with a copy marked to the petitioner, enclosing the said two bank drafts and copy of the petitioner s letter dated 11 february, 2013. (10) on 8 march, 2013 the petitioner addressed a letter .....

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Sep 18 2017 (HC)

M/S Banwarilal Goel and Sons and Ors. Vs. Kolkata Municipal Corporatio ...

Court : Kolkata

Decided on : Sep-18-2017

..... the proposition of law that the writ court can entertain the writ petition if the case is made out to the exception laid down in whirlpool corporation versus registrar of trade marks reported in (1998) 8 scc1 the apex court in the said report held that it would be a sound exercise of discretion to refuse the interference under article 226 of .....

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Sep 14 2017 (HC)

Nandu K. Belani and Ors. Vs. The Kolkata Municipal Corporation and Ors ...

Court : Kolkata

Decided on : Sep-14-2017

..... the order of the original authority when the remedy by way of an appeal is provided in the statute unless the exceptions carved out in whirlpool corporation versus registrar of trade marks, mumbai & ors.reported in (1998) 8 scc1is made out. the apex court in the said report held that it would be a sound exercise of discretion to refuse the interference .....

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Sep 06 2017 (HC)

Rajat Agarwal and Anr. Vs. Quadrific Media Pvt Ltd and Anr.

Court : Kolkata

Decided on : Sep-06-2017

..... in both the suits are similar and/or identical. the core issue is the assertion of right by the parties over and in relation to the trade mark, trade dress relating to spartanpoker , the logo spartanpoker and the domain name spartanpoker.com . although the plaintiff has filed an application under section 10 of ..... nos.1 and 2 are evading and/or threatening to evade the plaintiffs right or enjoyment over the property by threatening to use the trade name and trade mark of the plaintiff containing the word spartan in connection with the online business. it is alleged that the defendant nos.1 and 2 ..... of the suits would have followed. although mr.bachawat has submitted that the suit in the alipore court is not a suit for infringement of trade mark or copyright and accordingly the district judge would not be the appropriate court for institution of the said proceeding, but even assuming that the plaintiffs ..... suit has various dimensions. one of the common issues that the court would be required to decide is the right of quadrific to use the trade mark spartan to the exclusion of all others.if ultimately it is contended and held that the defendant no.7 is in reality a partnership and ..... on 4th december, 2016 the plaintiff had published a website making defamatory statement against the defendant no.7 and threatened to commence business under the mark spartanpoker . the plaintiff no.1 despite being a director of the defendant no.7 had filed objections before the trademark registry objecting to the .....

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Aug 23 2017 (HC)

Bengal Waterproof Limited Vs. Bengal Rubber Company Limited and Others

Court : Kolkata

Decided on : Aug-23-2017

..... the registered user agreement dated 25th february 2008 dated or the alleged supplementary registered user agreement dated 25th march 2008 and to claim any ownership in respect of the trade mark duckback in any manner whatsoever. however, this order will shall not affect any pending proceedings between the parties or any order passed in such proceedings. affidavit-in- ..... effect to or taking steps in pursuance of the orders dated 21st october, 2014 and 22nd october, 2014 passed by the respondent no.1 in relation to the trade mark registration nos.1515089 and 1515090 respectively. mr.mitra accordingly has prayed for an order of injunction restraining the respondents to act in derogation of clause 10 of the ..... passed on 13th april 2011, justice defendant sanjib meaning surrendering the banerjee thereby bihar registered user further restrained rubber company agreement in the third limited relation from to the trade mark duckback and bengal waterproof limited was restrained from terminating such registered user defendant, bihar rubber company limited. agreement of the third both the interlocutory applications were disposed of ..... mr.s.k. kanodia, advocate ms.sananda mukhopadhyay, advocate ...for respondent nos.2, 5, 6, 7 and 8. the plaintiff has filed this action for infringement of the trade mark duckback . the plaintiff is a pioneer in manufacturing waterproof products like gumboots, raincoats, rubber cloths and the like. the plaintiff was established in the year 1920 by renowned bose .....

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