Court : Mumbai
Decided on : Sep-02-1946
Reported in : AIR1947Bom445; (1947)49BOMLR52
..... 20. subsection (1) of that section provides that no person shall be entitled to institute any proceeding to prevent, or to recover damages for, the infringement of an unregistered trade mark unless such trade mark has been continuously in use since before february 25, 1937, by such person or by a predecessor-in-title of his and unless an application for its registration, made ..... the expense of rs. 16,707 incurred by the assessee company in the material year of account in respect of application fees for the initial registration of its 'old' trade marks, i.e., trade marks which had been continuously in use since before february 25, 1937, was rightly held to be expenditure attributable to revenue ?(2) if it was revenue expenditure, whether it was ..... asset?15. it does not seem to me that the payment of these fees appreciates the profit earning capacity of the company so far as the use of these trade marks is concerned. the trade marks remain the same as those which have been in use since before february 1937. in one sense every prudent expenditure improves the asset upon which it is laid ..... the goods in respect of which it is registered or of some only of those goods.6. section 30 which is concerned with the assign ability of unregistered trade marks provides that an unregistered trade mark shall be assignable and transmissible whether in connection with the goodwill of a business or not, provided that, except in connection with the goodwill of a business, assignment .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-02-1946
Reported in : 15ITR105(Bom)
..... . sub-section (1) of that section provides that no person shall be entitled to institute any proceeding to prevent, or to recover damages for, the infringement of an unregistered trade mark unless such trade mark has been continuously in use since before the 25th of february, 1937, by such person or by a predecessor in title of his and unless an application for its ..... the expense of rs. 16,707 incurred by the assessee company in the material year of account in respect of application fees for the initial registration of its 'old' trade marks, i.e., trade marks which had been continuously in use since before the 25th day of february, 1937, was rightly held to be expenditure attributable to revenue (2) if it was revenue expenditure ..... of all the goods in respect of which it is registered or of some only of those goods.'section 30 which is concerned with the assignability of unregistered trade marks provides that an unregistered trade mark shall be assignable and transmissible whether in connection with the goodwill of a business or not, provided that, except in connection with the goodwill of a business, assignment ..... definition section is section 2 and by sub-clause (i) 'registered' (with its grammatical variation) means registered under this act; (j) 'registered trade mark' means a trade mark which is actually on the register and (l) 'trade mark' means a mark used or proposed to be used in relation to goods for the purpose of indicating or so as to indicate a connection in the course of .....Tag this Judgment!
Court : Kolkata
Decided on : May-28-1946
Reported in : AIR1947Cal49
..... exercise the ordinary original civil jurisdiction of this court when he disposed of the appeal from the refusal by the registrar of trade marks to register the company's mark; the trade marks act is not an amendment within clause 44, letters patent; the learned judge's decision is not a judgment within clause ..... by petition presented to the court. a copy of the petition shall be served by the appellant upon the registrar of trade marks.36. i find from the indian trade marks act that some proceedings under the act may be initiated in the first instance in the high court, e.g., under ..... any original jurisdiction or of appellate jurisdiction under clause 16 but in exercise of appellate jurisdiction vested in this court by section 76, trade marks act, fulfils the first condition of appealability required by clause 15, which is-that the judgment to be appealable thereunder must be one ..... mcnair j., was exercising original or appellate jurisdiction. mr. chatterjee maintains that in entertaining, hearing and disposing of the appeal under section 76, trade marks act, mcnair j., was exercising the original jurisdiction of this court. he strongly relies on the rules framed by this court under section 77 ..... exercised; it cannot have been the intention of the legislature that one high court would dispose of an appeal under section 76(1), trade marks act by exercising its ordinary original civil jurisdiction whereas another high court would do so by exercising its appellate jurisdiction. it must have .....Tag this Judgment!
Court : Privy Council
Decided on : Apr-11-1946
Reported in : AIR1946PC109
..... other special circumstances which in the opinion of the court or registrar make it proper so to do, the court or registrar may permit the registration the same trade-mark, or of nearly identical trade-marks, for the same goods or description of goods by more than one proprietor; subject to such conditions and limitations, if any, as to mode or place of user ..... january 1927, being chapter 121 of the legislative enactments of ceylon. section 9 of the said ordinance provides :  "it shall not be lawful to register as a trade-mark or part of a trade-mark any matter, the use of which would by reason of its being calculated to deceive or otherwise be disentitled to protection in a court of justice."  section ..... 1937, obtained leave to amend their answer by praying that the first four defendants be declared entitled to have their trade-marks registered in the register of trade-marks and that the registrar of trade-marks be directed to register the same in the register of trade-marks. this amendment enabled the defendants to raise the issue of honest concurrent user, which will be dealt with later in ..... year 1915. at the material time, and indeed down to the trial of this suit, there was no statutory law in india relating to the registration of trade-marks. but parties desirous of registering a trade-mark could do so in the chambers of commerce in certain towns including madras. it is not disputed that the defendants had registered in the chamber of commerce .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-03-1946
..... 39, for listing of the decisions invalidating acts of congress prior to 1879, noting that mr. justice miller was "but slightly in error" in the statement, in trade-mark cases, 100 u. s. 82 , 100 u. s. 96 , that one then might count "on his fingers" those decisions. [ footnote 12 ] beginning ..... u. s. 500 , 192 u. s. 519 , et seq.; but see 25 u. s. maryland, 12 wheat. 419. but others apply to coastwise trade -- indeed to trade between towns in the same state -- in other words, to intrastate commerce. in re state tonnage tax cases, 12 wall. 24 , 79 u. s. 219 ..... of commerce was in its nature indivisible, and ought to be wholly under one authority." "mr. sherman. the power of the u. states to regulate trade, being supreme, can controul interferences of the state regulation [when] such interferences happen, so that there is no danger to be apprehended from a concurrent ..... , except as the constitution expressly provides, [ footnote 44 ] by any limitation which forbids it to discriminate against interstate commerce and in favor of local trade. its plenary scope enables congress not only to promote, but also to prohibit, interstate commerce, as it has done frequently and for a great variety ..... is not restricted, except as the constitution expressly provides, by any limitation which forbids it to discriminate against interstate commerce and in favor of local trade. p. 328 u. s. 434 . 6. if authority over interstate commerce is exercised by congress in conjunction with the states, their joint .....Tag this Judgment!
Court : Allahabad
Decided on : Jan-28-1946
Reported in : AIR1946All393
..... .explanation - the description must include the variety and dimensions in the case of cloth and the number of counts in the case of yarn, and trade mark or trade number and name of manufacturing mill and its tex mark and number in the case of both cloth and yarn.2. the prosecution case is based upon copies of two cash memos that were found .....Tag this Judgment!
Court : US Supreme Court
Decided on : May-06-1946
..... need for additional legislation. [ footnote 11 ] that assumption can hardly be reconciled with the conclusion that complete relief is already accorded under the federal trade commission act. we do not undertake to prescribe the order which the commission should enter. the fashioning of the remedy page 328 u. s. ..... to be preserved unimpaired. we cannot lightly infer that this specific right was intended to be swept away under the 1938 amendment to the federal trade commission act. repeals by implication are not favored. yet, if the order of the commission stands, the right granted or recognized by the ..... commission that the use constitutes an unfair or deceptive act or practice in commerce. it is pointed out that the 1938 amendment to the federal trade commission act gave the commission power to protect consumers, as well as competitors, against unfair or deceptive practices. [ footnote 4 ] it is ..... impression that these products were sponsored by or otherwise carried the imprimatur of the red cross. hence, here, as in siegel co. v. federal trade commission, 327 u. s. 608 , we have no problem involving the power of the commission to uproot a fraudulent scheme in its entirety. but ..... on respondent's products that they are made by respondent and that the name and mark are registered "do not serve to correct the erroneous and misleading impression created through the use of the trade name and mark." the commission entered an order which, among other things, forbade respondent from using the .....Tag this Judgment!
Court : US Supreme Court
Decided on : Nov-25-1946
..... 20 ] in 1896, this court noted that " . . . nearly every tribe and band of indians within the territorial limits of the united states was under some treaty relations with the government." marks v. united states, 161 u. s. 297 , 161 u. s. 302 . something more than sovereign grace prompted the obvious regard given to original indian title. long before the end of .....Tag this Judgment!
Court : US Supreme Court
Decided on : Mar-25-1946
..... /2 feet north of the rail. he may well have been struck and then wandered in a daze to the point where he fell forward. the testimony as to blood marks some distance away from his head lends credence to that possibility, indicating that he did not fall immediately upon being hit. when that is added to the evidence most favorable ..... . the injury to haney's head was evidenced by a gash about two inches long from which blood flowed. the back of haney's white cap had a corresponding black mark about an inch and a half long and an inch wide, running at an angle downward to the right of the center of the back of the head. a spot ..... and south, the head to the south. apparently he had fallen forward to the south; his face was bruised on the left side from hitting the ground, and there were marks indicating that his toes had dragged a few inches southward as he fell. his head was about 5 1/2 feet north of the frisco tracks. estimates ranged from 2 .....Tag this Judgment!
Court : Chennai
Decided on : Aug-01-1946
Reported in : AIR1947Mad155; (1946)2MLJ305
horwill, j.1. the appellant (the second defendant) was at all relevant times a minor muhammadan girl. the first defendant is her brother and the third defendant her father. both her father and brother were desirous of getting the girl married; and an opportunity arose of marrying her to a rich man, her guardian-ad-litem in this suit. the parents, however, were unable to raise sufficient funds to conduct the marriage and so approached the plaintiff, the girl's maternal uncle, and told him of their need. although he did not enter into a contract with the first and third defendants, yet he expressed his willingness to spend such money as was necessary for the marriage. he did not intend to do so gratuitously and as the money was not repaid, he brought this suit impleading the girl, her father and her brother. the trial court granted him relief under section 68 of the contract act. the lower appellate court upheld the finding of the trial court.2. although the principle enunciated in section 68 of the contract act would not apply to the expenses of marriage of a minor under english law, the principle has been extended in india to cover the marriage expenses of hindu minors. the learned advocate for the appellant referred to two cases in which the reasons for applying the principle of section 68 to the expenses of marriage of a hindu minor girl are said to have been accurately given. in nandan prasad v. ajudhia prasad i.l.r.(1910)all. 335 reference was made to the dire spiritual .....Tag this Judgment!