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Judgment Search Results Home > Cases Phrase: trade marks Year: 1951 Page 1 of about 410 results (0.047 seconds)

Nov 30 1951 (HC)

Watkins Mayor and Co. Vs. Registrar of Trade Marks, Bombay and anr.

Court : Punjab and Haryana

Decided on : Nov-30-1951

Reported in : AIR1952P& H266

..... defined in section 219 of the government of india act, 1935.'it is true that abdur rahman, j., in 'abdul ghani ahmed v. registrar of trade marks', air 1947 lah 171, said that unless there was a branch registry in the punjab an appeal from the registrar's decision, whether given at bombay ..... whose jurisdiction that district court is situated.' under this section das, j., when he was incalcutta observed in 'india electric works ltd. v. registrar of trade marks', 51 cal w n 42 at p. 54:'it is not quite intelligible as to what is precisely meant by the expression 'high court having jurisdiction' ..... the registrar under this act or the rules made thereunder to the high cours having jurisdiction: 'provided that if any suit or other proceeding concerning the trade-mark in question is pending before a high court or a district court, the appeal shall be made to that high court, or, as the case ..... high court or to the registrar, the tribunal may make such order as it may think fit for cancelling or varying the registration of a trade mark on the ground of any contravention of, or failure to observe a condition entered on the register in relation thereto.(2) any person aggrieved by ..... which is sought tobe executed has been placed on the record. it isa very comprehensive decree and it cannot besaid that it is not concerning the trade-mark inquestion, and it is not necessary at this stage togive any final adjudication upon the point, but forthe purpose of seeing whether this court wouldhave .....

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Mar 16 1951 (HC)

James Chadwick and Bros. Ltd. Vs. the National Sewing Thread Co. Ltd.

Court : Mumbai

Decided on : Mar-16-1951

Reported in : AIR1951Bom147; (1951)53BOMLR556; ILR1952Bom344

..... ld. and f. w. woolworth & co. ltd. (1941) 58 r. p. c. 147. in that case the distinguishing feature of the registered trade mark & the proposed trade mark was the word 'june,' & the master of the rolls in his judgment at p. 162 observes :'now the question of resemblance & the likelihood of ..... confusion.11. the learned judge below in a very careful judgment has meticulously examined the points of similarity & dis-similarity between the trade mark of the appellants & the trade mark of the respondents, & he has come to the conclusion that the points of difference are so numerous & the points of ..... & co.'s application, in re (1924) 41 r. p. c. 423. in that case huxley applied for the registration of a trade mark for illuminating oils & greases & the trade mark consisted of a label with four panels & the last of these panels consisted of a ship. the application was opposed by the prices' patent ..... the pronouncement of the party who applies for the trade mark. as we said before, for two years prior to the application for registration the respondents described this parti-cular bird as an eagle & called ..... . but in this case, fortunately, it is not necessary to give a judicial pronouncement as to whether the bird appearing in the respondents' trade mark is or is not an eagle, because the pronouncement has been given by the respondents themselves, & no pronouncement can be more weighty than .....

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Aug 13 1951 (HC)

Mohamed Oomer, Mohamed Noorullah Vs. S.M. Noorudin

Court : Mumbai

Decided on : Aug-13-1951

Reported in : AIR1952Bom165; (1952)54BOMLR28

..... in the registrar to take oral evidence either in lieu of or in addition to evidence by affidavit. now the position under the rules framed under the trade marks act is that, after the notice of opposition is given, evidence in support of opposition is given by the person opposing the registration, and this ..... he has exercised his discretion.[3] but there is one rather important matter of procedure to which i should like to refer. it is clear under the trade marks act that the registrar is given the power to decide any matter that comes before him on affidavit, section 70, sub-clause. (b) provides that ..... to that appeal the appellant cross-objected. shah j. set aside the order of the registrar in so far as it limited the registration of the trade mark to the two districts specified in the order, and he called upon the registrar to proceed to hear the petition according to law and decide the question ..... document, but he held that the provision of the panchnama militated against public policy inasmuch as the appellant's father permitted the respondent to use the trade mark for an indefinite period and acquire a reputation in the market, and then permitted the appellant's father to revoke the licence at any time he so ..... was seeking to register, and that by this document of 1937 his father had given leave and licence to the respondent to use the trade mark and the trade mark was to be used by the respondent only so long as the leave and licence had not been revoked. an affidavit was made by .....

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Feb 09 1951 (HC)

Abinash Chandra Vs. Madhusudan Majumdar and anr.

Court : Kolkata

Decided on : Feb-09-1951

Reported in : AIR1952Cal673

..... , for the infringement of an unregistered trade mark, unless such trade mark has been continuously in use since before the 25th day of february 1937 by such person or by a predecessor in title of hjs and unless ..... question of any unreasonable delay or acquiescence therefore arises in this case.65. it was finally contended that the suit is barred under section 20 of the trade marks act, 1940.66. section 20(1) of the act says that no person shall be entitled to institute any proceeding to prevent, or to recover damages ..... the sakti batteries ltd., and a signatory, to the said resolution dated 30th september 1933, ex. t(3).55. in my opinion, the title to the trade mark 'sakti' did not vest in the sakti batteries ltd.56. in the above view, it is not necessary to consider the effect of the sale by ..... deed of transfer was executed. the matter rests entirely on the terms of the resolution.47. it was contended that on a sale of the business, the trade mark pwned by the business, ordinarily passes.48. reference was made to the case of 'shipwright v. clements', (1871) 19 w r 599 where it ..... the sake of completeness, i proceed to record my finding on the alleged subsequent devolutions of title.44. it was first contended that the title to the trade mark 'sakti' passed from the battery ., when the latter took over the business by its resolution passed at a rheeting held on 30th september 1933.45. .....

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Oct 01 1951 (HC)

The Commissioner of Income-tax Vs. the Finlay Mills, Ltd.

Court : Mumbai

Decided on : Oct-01-1951

Reported in : (1952)54BOMLR6

..... on ss. 20, 21, 28 and 29 in support of his contention. he argued that before the trade marks act, although the proprietor of a trade mark could maintain an action for infringement of his trade mark, and the cause of action in such a case was quite different from the cause of action in an ..... saves him the trouble of leading evidence, in the event of a suit, in a court of law, to prove his title to the trade mark. it has been said that registration is in the nature of collateral security furnishing the trader with a cheaper and more direct remedy against infringers ..... attain a higher value by an implementation causing greater productive capacity, in the present case the trade mark which existed before the trade marks act acquired an advantage of an enduring nature by reason of the trade marks act and the fees paid for registration thereunder were in the nature of capital expenditure. in our ..... 10 (2) (xv) of the indian income-tax act ?2. the high court, following its previous decision and finding that the fact of the trade marks having come into use after february 25, 1937, made no difference in the result, answered the question in the affirmative. the commissioner of income-tax, ..... accounting period ending with the calendar years 1941, 1942 and 1943, the respondent claimed the expenditure incurred by it in registering for the first time its trade marks which were not in use prior to february 25, 1937, as revenue expenditure and an allowable deduction out of its income for the said periods, .....

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Oct 01 1951 (SC)

Commissioner of Income Tax, Bombay Vs. Finlay Mills Ltd.

Court : Supreme Court of India

Decided on : Oct-01-1951

Reported in : AIR1951SC464; (1951)IIMLJ638(SC); [1952]1SCR11

..... on sections 20, 21, 28 and 29 in support of his contention. he argued that before the trade marks act, although the proprietor of a trade mark could maintain an action for infringement of his trade mark and the cause of action in such a case was quite different from the cause of action in ..... a higher value by an implementation causing greater a productive capacity, in the present case the trade mark which existed before the trade marks act acquired an advantage of an enduring nature by reason of the trade marks act and the fees paid for registration thereunder were in the nature of capital expenditure. in ..... indian income-tax act?' 2. the high court, following its previous decision and finding that the fact of the trade marks having come into use after the 25th of february, 1937, made no difference in the result, answered the question in the affirmative. the commissioner of ..... the high court :- 'whether, on the facts of the case, the expenditure incurred by the assessee company in registering for the first time its trade marks which were not in use prior to the 25th february, 1937, is revenue expenditure and an allowable deduction under section 1092) (xv) of the ..... periods ending with the calendar years 1941, 1942 and 1943, the respondent claimed the expenditure incurred by it in registering for the first time its trade marks which were not in use prior to the 25th february, 1937, as revenue expenditure and an allowable deduction out of its income for the said .....

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Oct 01 1951 (SC)

Commissioner of Income-tax, Bombay Vs. Finlay Mills Limited.

Court : Supreme Court of India

Decided on : Oct-01-1951

Reported in : [1951]20ITR475(SC)

..... . he argued that before the trade marks act, although the proprietor of a trade mark could maintain an action for infringement of his trade mark and the cause of action in such a case was quite different from the cause of action in action ..... right to use the mar, whether with or without any indication of the identity of that person.' section 14 permits the proprietor of a trade mark to have the trade mark registered. the attorney-general, on behalf of the appellant, relied on sections 20, 21, 28 and 29 in support of his contention ..... attain a higher value by an implementation causing greater productive capacity, in the present case the trade mark which existed before the trade marks act acquired an advantage of an enduring nature by reason of the trade marks act and the fees paid for registration thereunder were in the nature of capital expenditure. in ..... section 10 (2) (xv) of the indian income-tax act ?'the high court following its previous decision and finding that the fact of the trade marks having come into use after the 25th of february, 1937, made no difference in the result, answered the question in the affirmative. the commissioner of ..... ending with the calendar years 1941, 1942 and 1943, the respondent claimed the expenditure incurred by it in registering for the first time its trade marks which were not in use prior to the 25th february, 1937, as revenue expenditure and an allowable deduction out of its income for the .....

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Jun 04 1951 (FN)

Timken Roller Bearing Co. Vs. United States

Court : US Supreme Court

Decided on : Jun-04-1951

..... not. pp. 341 u. s. 598 -599. (a) a trademark cannot lawfully be used as a device for violating the sherman act, and its use therefor is penalized by the trade mark act of 1946. p. 341 u. s. 599 . 5. the suggestion that what appellant has done is reasonable in view of current foreign ..... of the manufacture and sale of antifriction bearings page 341 u. s. 599 whether carrying the mark or not. a trademark cannot be legally used as a device for sherman act violation. indeed, the trade mark act of 1946 itself penalizes use of a mark "to violate the antitrust laws of the united states." [ footnote 8 ] we also reject the suggestion that ..... trade territories." furthermore, while a trademark merely affords protection to a name, the agreements in the present case went far beyond protection of the name "timken," and provided for control ..... we assume with appellant that it is the owner of the trademark "timken" in the trade areas allocated to the british and french corporations. appellant's premise that the trade restraints are only incidental to the trademark contracts is refuted by the district court's finding that the "trade mark provisions [in the agreements] were subsidiary and secondary to the central purpose of allocating .....

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May 21 1951 (FN)

Schwegmann Bros. Vs. Calvert Distillers Corp.

Court : US Supreme Court

Decided on : May-21-1951

..... of the act was "to permit the public policy of states having fair trade acts' to operate with respect to interstate contracts for the resale of goods"; and the fair trade acts are referred to as legalizing "the maintenance, by contract, of resale prices of branded or trade-marked goods." [ footnote 17 ] (italics added.) in the second place, the ..... virginia, pennsylvania, maryland, new york, new jersey, and rhode island. the committee is advised that, in addition, one house of each of the following states have passed a fair trade bill: south carolina, north carolina, idaho, colorado, and oklahoma. the committee is further advised that bills are pending in the legislatures of nevada, michigan, minnesota, texas, mississippi, ..... not a party to such contract, is unfair competition, and is actionable at the suit of any person damaged thereby." the following states, the committee is advised, have adopted fair trade acts: california, washington, oregon, montana, wyoming, arizona, new mexico, utah, north dakota, south dakota, kansas, louisiana, arkansas, iowa, wisconsin, illinois, kentucky, tennessee, indiana, ohio, georgia, virginia ..... long and persistent. many bills had been introduced on this subject before senator tydings introduced his. thus, in 1929, in the seventy-first congress, the capper-kelly fair trade bill was offered. [ footnote 4 ] it had no nonsigner provision. it merely permitted resale price maintenance as respects specified classes of commodities by declaring that no such " .....

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Mar 12 1951 (HC)

Commissioners of Income-tax Vs. Raman and Raman Ltd.

Court : Chennai

Decided on : Mar-12-1951

Reported in : AIR1951Mad905; [1951]19ITR558(Mad); (1951)1MLJ684

..... high court held that legal expenses incurred in connection with a suit brought by the assessees against another company to restrain the latter from using the trade mark to which the assessee claimed exclusive right was deductible as revenue expenditure. it may be said that at least in the opinion of digby j. ..... , the threat was directed not against the capital of the assessee, but against its trade & the object of the litigation was to prevent a drop in the sales & a loss of profits. the attack on trade mark by infringement was treated as an attack not on capital asset but rather as an ..... attack on the existing & future trade & on the value of the stock-in-trade existing & in the course of manufacture & to be manufactured in future ..... an attack on an existing capital asset must be attributed to revenue. legal expenses incurred in connection with the acquisition or protection of stock-in- trade are clearly in the nature of revenue expenditure. it is on this ground that litigation expenses incurred by a money-lender in connection with loans ..... proper for protecting its interests & to engage in litigation for the protection or preservation of valuable assets acquired by it for the purpose of its trade or business. if the company succeeded in the litigation the profits from its business would increase & a company which spends money for increasing its .....

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