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Judgment Search Results Home > Cases Phrase: trade marks Year: 1924 Page 1 of about 515 results (0.047 seconds)

Dec 19 1924 (PC)

A.J. Von Wulfing Vs. D.H. Jivandas and Co.

Court : Mumbai

Decided on : Dec-19-1924

Reported in : (1926)28BOMLR243

..... the country where protection is claimed shall be imposed on those who enjoy the benefits of the union. 40. article 6 provides specifically for trade marks :every trade mark duly registered in the country of origin shall be admitted for registration and protected in the form originally registered in the other countries of ..... . on further consideration, i think, the same arguments can be advanced in respect of the restoration of a right to a registered trade mark. for instance, a trade mark cannot be registered unless the word is a fancy word. if all manufacturers use it, it remains no longer a fancy word. ..... particularly, as there are no reported cases thereon. the point has arisen in south africa before and been decided by the registrar of trade marks where rights to trade marks are protected by registration under law similar to registration acts in england. mr. binning has used that judgment as part of his arguments ..... such user and such reputation they became solely entitled to the exclusive right of user of these names, in respect of rights in trade marks and trade names any rights acquired by the parties in england have no effect on the rights of the parties in india. the rights of ..... by genatosan limited, as the successors and assignees of the plaintiffs' london business,19. the fact, that in england, after the avoidance of the trade mark in 1916, a large number of manufacturers are manufacturing sanatogen, does not affect the question in india at all. so far as the indian market .....

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May 13 1924 (PC)

The Imperial Tobacco Company of India Ltd. Vs. Albert Bonnan

Court : Mumbai

Decided on : May-13-1924

Reported in : (1924)26BOMLR683

..... agreed that the appellant company should buy the good will, business, rights and other assets of the british american tobacco company, limited, in india and certain other territories, with brands, trade marks, trade names, formulae and recipes, and the sole right and title to use in that territory the name of the british american tobacco company, limited, and the names of all firms ..... judgments in the court below or in the opinion which their lordships are now expressing to give countenance to the idea that the ordinary principles of jurisprudence with regard to trade marks and those forbidding the passsing off of goods do not apply in india. but the cigarettes now in dispute are the genuine articles, lawfully acquired from the lawful manufacturers; ..... for sale elsewhere, the words, in lettering of the same small size, were:--established by w.d. and h.o. wills, bristol and london, british american tobacco co., ltd. registered trade mark. bristol, london, liverpool and virginia. successor. made temporarily in the u.s. a8. no reliance was placed in argument by either party upon the difference in the two inscriptions at ..... one company called the imperial tobacco company (of great britain and ireland), limited, and the whole business of w.d. and h.o. wills, limited, with its good will and trade marks was assigned to the imperial tobacco company (of great britain and ireland), limited. in september, 1902, this last-named company made an agreement with a company called the american tobacco .....

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Feb 05 1924 (PC)

Lakhan Chandra Basak and anr. Vs. Emperor

Court : Kolkata

Decided on : Feb-05-1924

Reported in : 81Ind.Cas.922

..... six years or thereabouts on their umbrella covers for denoting that the goods are the manufacture or merchandise of the complainant's firm and is their distinctive trade-mark within the meaning of section 478, indian penal code.'9. he states that evidence has been given on behalf of the prosecution as to the similarity ..... evidence that until recently the accused used on the umbrella covers sold by them an elephant in a triangle, with a howdah and beneath the elephant the words trade-mark. round the triangle appeared their name and address in english.6. the magistrate in a careful and exhaustive judgment has arrived at the following findings:7. (1 ..... elephant in a circle looking to the left with a mahout on his back bearing an umbrella. inside the circle appear the words registered no. trade mark, waterproof no. 1. outside the circle at the top in a scroll is the name of the complainant's firm in bengalee and outside the ..... of section 483, indian penal code.'12. the following points were urged on behalf of the accused:13. (1) that the complainant had no trade-mark,14. (2) that there can be no trade-mark, in the figure of an elephant for an umbrella cover,15. (3) that any one can use the ..... likely to deceive and i think from a comparison of the two marks that this is clearly so. the complainant has established the use of his mark in the market for six years and i feel no doubt that such a mark, can become a trade-mark within the meaning of the section. it is significant that the accused .....

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Feb 05 1924 (PC)

Lokhan Chandra Basak and anr. Vs. Emperor

Court : Kolkata

Decided on : Feb-05-1924

Reported in : AIR1925Cal149

..... years or thereabouts on their umbrella covers for denoting that the goods or the manufacture or merchandise of the complainant's firm and is their distinctive trade mark within the meaning of section 478, indian penal code.'he states that evidence has been given on behalf of the prosecution as to the similarity ..... until recently the accused used on the umbrella covers sold by them an elephant in a triangle, with a howdah and beneath the elephant the words trade mark. bound the triangle appeared their name and address in english.6. the magistrate in a careful and exhaustive judgment has arrived at the following findings ..... made with intent to practise deception and knowing it to be likely that deception would be practised. i hold that the accused have counterfeited the trade mark of the complainant within the meaning of section 483, indian penal code.7. the following points were urged on behalf of the accused:(1) ..... known as tinkori dulal chand basak. the accused were charged with having used a false trade mark on umbrella covers, with having counterfeited the complainant's trade mark and with having sold umbrella covers bearing counterfeit mark.3. the complainant's mark is an elephant in a circle looking to the left with a mahout on his ..... back bearing an umbrella. inside the circle appear the words registered no. trade mark, waterproof no. 1. outside the circle at the top in a scroll is the name of the complainant's firm in bengalee and .....

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May 26 1924 (FN)

United States Ex Rel. BaldwIn Co. Vs. Robertson

Court : US Supreme Court

Decided on : May-26-1924

..... is entered. it is just like the proceeding in 4918 to settle controversies between interfering patents already granted by the patent office. section 9 of the trade mark act is wider than 22 in its scope. it includes one who applies for registration of an unregistered trademark which interferes with one already registered. on ..... 239 u. s. 50 . that is true, but a registration of a trademark may be cancelled, and the purpose of congress by 9 of the trade mark act was to give to defeated applicants in the court of appeals the same resort to a court of equity as was given to defeated applicants for patents, ..... we have held that the assimilation of the practice in respect of the registration of trademarks to that in securing patents as enjoined by 9 of the trade mark act makes 4915, rev.stats., providing for a bill in equity to compel the commissioner of patents to issue a patent, applicable to a petition ..... of patents from cancelling a registered trademark is given to the owner of the trademark so registered. we are to find the answer in 9 of the trade mark act (33 stat. 727, c. 592) and in 4915 of the revised statutes. section 9 provides as follows: "that if an applicant for registration ..... 177 shaffer v. carter, 252 u. s. 37 , 252 u. s. 44 . as the court based its conclusion upon the construction of 9 of the trade mark act (33 stat. 727), and 4915, revised statutes, which was specifically drawn in question by the intervener, and necessarily by the defendant in his answer in denying .....

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Jan 31 1924 (PC)

Gobinda Chandra Roy Vs. Abdul Rashid

Court : Kolkata

Decided on : Jan-31-1924

Reported in : AIR1928Cal235

..... he has established in the market such a reputation as to justify him in claiming for his soap, exclusive use of gandhi's portrait as a trade-mark in respect of his soap.3. it is not necessary to refer to several other matters that were urged before us on behalf of the petitioner ..... show that the accused is protected under the exception under sections 482 and 486'? he has found that the complainant has proved the user of the trade-mark and that soap manufactured by the complainant is known in the bazar as 'gandhi brand soap.' he further found that there waa satisfactory evidence to show ..... are the words 'indian soap company.' now the learned magistrate has propounded three questions for consideration. : firstly, 'whether the complainant has the exclusive right to the trade mark used on his soaps which formed the subject-matter of the charges.' secondly 'has the right of the complainant been infringed by the accused'; thirdly, 'are ..... , namely, the fact that the declaration made on behalf of the national soap factory in respect of their gandhi mark soap was made some three weeks prior to the declaration made on behalf of the complainant, nor i think is it necessary to deal with what ..... to establish having regard to the provisions of section 478. under that section he has to prove that the goods which are the subject of the mark are manufactured and sold by himself and that such goods are known in the market as being of his manufacture alone, and it seems to .....

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Apr 07 1924 (FN)

Prestonettes, Inc. Vs. Coty

Court : US Supreme Court

Decided on : Apr-07-1924

..... trademark confer? it does not confer a right to prohibit the use of the word or words. it is not a copyright. the argument drawn from the language of the trade-mark act does not seem to us to need discussion. a trademark only gives the right to prohibit the use of it so far as to protect the owner's goodwill ..... a dishonest use of his opportunities, but is whether the plaintiff has the naked right alleged to prohibit the defendant from making even a collateral reference to the plaintiff's mark. we are of opinion that the decree of the circuit court of appeals must be reversed, and that that of the district court must stand. decree reversed. mr. justice mcreynolds ..... from the plaintiff in the united states, although not made by it, and therefore could not be put upon other goods of the same make coming from abroad. when the mark is used in a way that does not deceive the public, we see no such sanctity in the word as to prevent its being used to tell the truth. it ..... very delicate and volatile nature of the perfume, its easy deterioration, and the opportunities for adulteration, issued an absolute preliminary injunction against the use of the above marks except on the original packages as marked and sold by the plaintiff, thinking that the defendant could not put upon the plaintiff the burden of keeping a constant watch. 285 f. 501. certiorari granted .....

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Apr 14 1924 (PC)

imperial Tobacco Company Ltd. Vs. Atlantic Tobacco Company

Court : Kolkata

Decided on : Apr-14-1924

Reported in : AIR1925Cal220,84Ind.Cas.1014

..... of something peculiar to the plaintiff company and by reason of defendants having adopted some mark or device or label or something of that kind, which distinguishes the plain tiff company's goods from other goods which have, like those goods, the features ..... be taken into consideration, but i must look at the two get ups as a whole, and while not disregarding the parts which are common to the trade i must try to find out whether the plaintiff company are able to make out that the defendant's goods are like the plaintiff company's by reason ..... common to the trade. i have looked at the two get-ups as a whole in the light of what i have said above, and i confess that when i look ..... in the one place or in the other, or whether there were several breweries nearly resembling it in name; what the state of the trade was, and whether there was any trade name. all these are matters which are proper to be dealt with upon evidence; but upon the one question which your lordships have to decide ..... said in numerous cases, the appeal is to the eye of the judge and the judge must, in the end, act upon his own view on a comparison of the marks or designs after paying due attention to the evidence adduced before him: see in this connection payton & co., ltd. v. snelling (1901) a.c. 308, schweppes .....

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Apr 21 1924 (FN)

Chastleton Corp. Vs. Sinclair

Court : US Supreme Court

Decided on : Apr-21-1924

chastleton corp. v. sinclair - 264 u.s. 543 (1924) u.s. supreme court chastleton corp. v. sinclair, 264 u.s. 543 (1924) chastleton corp. v. sinclair no. 467 argued march 12, 13, 1924 decided april 21, 1924 264 u.s. 543 appeal from the court of appeals of the district of columbia syllabus 1. the remedy by appeal from orders of the rent commission afforded by the district of columbia rent act held not an adequate remedy at law precluding equity jurisdiction of a suit attacking an order upon the grounds that the statute itself is unconstitutional and that the order affects parties who were strangers to the proceedings in which it was made. p. 264 u. s. 547 . 2. the act of october 22, 1919, regulating rents in the district of columbia, and upheld as an emergency measure in block v. hirsh, 256 u. s. 135 , was continued in force by a subsequent act until may 22, 1922, on which day a third act, declaring that the emergency still existed, reenacted the law with amendments and provided that it continue until may 22, 1924. held: (a) a law depending upon the existence of an emergency or other certain state of facts to uphold it may cease to operate if the emergency ceases or the facts change. p. 264 u. s. 547 . (b) where an order of the rent commission, although retrospective, was passed some time after the last of the above-mentioned statutes, it was open to the courts to inquire whether the exigency still existed upon which continued operation of the law depended. p. 264 u. s. 548 . .....

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Mar 07 1924 (PC)

Palani Alias Thirumeni thevan (Minor) by Next Friend Pechi Ammal Vs. S ...

Court : Chennai

Decided on : Mar-07-1924

Reported in : (1924)47MLJ155

krishnan, j.1. in this case an interesting question arises for decision regarding the legitimacy of the plaintiff. the plaintiff's mother, pechi ammal, was first married to one subramania thevan in september or october, 1903. that marriage, it is found, was dissolved in may or june, 1904, and then she married again one thirumeni thevan in june or july, 1904. the plaintiff was born to her in september, 1904. these are the findings of fact by the lower courts.2. the question that has to be decided is whether on these facts the plaintiff is to be treated as the legitimate son of thirumeni thevan and is entitled to a share of his properties as the district munsif has held, or whether he is not the son of thirumeni thevan but the legitimate son of subramania thevan as the subordinate judge seems to consider. pechi animal's marriage with subramania thevan did not prove to be a happy one. thirumeni thevan seems to have conceived a great regard for her and was a rival for her affections from the very commencement. subramania thevan and pechi ammal seem to have quarrelled with each other and she left his protection, and there was a criminal case in which subramania thevan charged thirumeni thevan and others that his wife had been enticed away by thirumeni thevan for the purpose of illicit sexual intercourse with her. in that case however the accused were discharged; thereupon subramania thevan divorced his wife. the district munsif has held that thirumeni thevan is really the father .....

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