Court : Supreme Court of India
Decided on : May-07-1953
Reported in : AIR1953SC357; (1954)56BOMLR21; (1953)IIMLJ215(SC); 4SCR1028
..... of the high court and with the reasons given in that decision. the relevant part of section 8 of the trade marks act is in these terms : 'no trade mark nor part of a trade mark shall be registered which consists of, or contains, any scandalous design, or any matter the use of which would ..... plaintiffs. the considerations relevant in a passing off action are somewhat different than they are on an application made for registration of a mark under the trade marks act and that being so the decision of the madras high court referred to above could not be considered as relevant on the questions ..... which the goods are identified and which is associated in the mind of the purchaser is the representation of an eagle appearing in the trade mark. if the trade mark conveys the idea of an eagle and if an unwary purchaser is likely to accept the goods of the appellants as answering the ..... the judgment of mr. justice s. c. shah in civil miscellaneous no. 2 of 1950 and restoring the order of the registrar of trade marks refusing to register the appellants' trade mark. 2. the two questions that were canvassed before us and that fall for our determination are (1) whether the judgment of mr. ..... with great respect, in our opinion, very correctly. we have not been able to appreciate the special peculiarities of the rights created by the trade marks act which place the appellate jurisdiction conferred on the high court by section 76 on a different level from the jurisdiction created by the special provisions .....Tag this Judgment!
Court : Allahabad
Decided on : Nov-13-1953
Reported in : AIR1954All720
..... say that the decision related to any rights of the parties. rights will arise in the party whose suggested trade mark is registered after such registration. it is also not clear that any decision of the registrar on the point in dispute will have any finality in the sense that, in ..... proceedings in which this order was passed arose out of an application requesting the registration of the trade mark. the registrar after hearing the objection of the other party gave a decision that the trade mark should not be registered on account of its similarity to another registered trade-mark. the proceedings cannot, therefore, be said to amount to a suit and it is difficult to ..... order1. this is an appeal against the decision of the registrar under section 15, sub-section (4) of the trade marks act, 1940, refusing to register the trade mark sought to be registered by the appellant. section 76 of the act gives the right of appeal against any decision of the registrar under the act to the high court .....Tag this Judgment!
Court : Karnataka
Decided on : Feb-27-1953
Reported in : AIR1953Kant110; AIR1953Mys110
..... . the section with the notification contemplated under it, had become indissolubly fused forming an integrated whole. what the extending act did was to apply the trade marks act with section 68 in its integrated form to the civil area on and from 15-8-1948.6. in almost similar circumstances, this court has ..... as it stood in mysore on the appointed day and to become operative and enforceable as and from that day.it is argued that the trade marks act was made applicable to the civil area in the form, as it stood in mysore in 1944 with the power reserved under section 68 ..... set out in the several schedules appended to the 'extending act.' it is noteworthy that no exception is however made in the case of the trade marks act, nor is its application otherwise limited or restricted. in the circumstances, the said act should be deemed to have been applied in its entirety ..... notification issued not less than one year after the commencement of the act in a particular area. there is no force in this contention.4. the trade marks act, 1944 (hereinafter, referred to as the 'act') which extends to the whole of mysore received the assent of his highness the maharaja on 31 ..... of the said trademark as registered is false and unauthorisedand the petitioners by such publication havemade themselves liable for punishment undersection 63, trade marks act. it is 'admitted that thetrade mark used is not registered as claimed.3. it is contended by mr. v. krishna murthy for the petitioners that they are .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-27-1953
Reported in : AIR1953Bom441; (1953)55BOMLR586; ILR1953Bom212
..... an appeal shall lie to a court already established, then that appeal must be regulated by the practice and procedure of that court.' therefore, in that case under section 76, trade marks act it was provided that the appeal should lie to a court already established and we were then called upon to consider whether under the practice and procedure of that ..... was a further appeal under clause 15 of the letters patent from an appeal to a single judge of the high court disposing of an appeal under section 76(1), trade marks act of 1940, and at p. 149 delivering the judgment of the court of appeal i pointed out that'...it is well established, as we shall presently point out, that .....Tag this Judgment!
Court : Allahabad
Decided on : Sep-21-1953
Reported in : AIR1954All218
..... be infringed, and their rightswould have been irremediably and incalculably injured unless the injunction were granted, if their case should be established at the trial. (see karly on trade marks. 6th edition, p. 507). 9. to the same effect are the observations of garth c. j, in -- 'ralli v. fleming', 3 cal 417 at ..... for a temporary injunction to the same effect. 3. the defendants' case is that the defendants' flash lights do not infringe the plaintiff's trade mark and cannot be taken to pass off as the plaintiff's good. 4. the plaintiff's application for the grant of a temporary injunction has ..... shell of flash lights has also its own scheme of colour and chromium plating. 2. the defendants are the manufacturers of flash lights with the trade mark 'lit ready' em-bossed upon them and have placed them on the market for sale. the plaintiff's case is that the get-up of ..... a distinctive pyramidal form. there are five groups of distinctive parallel indentations each group comprising of three parallel lines running vertically on both sides of the trade mark. the said groups are spaced and arranged in a distinctive manner with the words 'made in u. s. a.' appearing underneath the lower group ..... for use in flash lights and other articles. it carries on its business throughout india. it is the owner of the trade mark 'eveready' which is registered in the register of trade marks under nos. 6727 and 6728. the 'eveready' flash lights which are in dispute in the present case have impressed on their .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-27-1953
Reported in : 24ITR229(Bom)
..... lie to a court already established, then that appeal must be regulated by the practice and procedure of that court.' 12. therefore, in that case under section 76 of the trade marks act it was provided that an appeal should lie to a court already established and we were then called upon to consider whether under the practice and procedure of that ..... further appeal under clause 15 of the letters patent from a decision of a single judge of the high court disposing of an appeal under section 76 (i) of the trade marks act of 1940, and at page 564 delivering the judgment of the court of appeal i pointed out that, 'it is well established, as we shall presently point out, that .....Tag this Judgment!
Court : Kolkata
Decided on : May-12-1953
Reported in : AIR1954Cal277
..... is in these terms:'whoever makes or has in his possession any dye, plate or other instrument for the purpose of counterfeiting a trade mark or property mark, or has in his possession a trade mark or property mark for the purpose of denoting that any goods are the manufacture or merchandise of a person whose manufacture or merchandise they are not, ..... proving either of the purpose mentioned in section 485 is discharged by the prosecution establishing possession of the instrument for counterfeiting and the close resemblance between the counterfeit trade mark and the genuine trade mark, whereby deception becomes inevitable. in my view, the learned advocate-general is right. i hold, therefore, that the onus, of establishing the elements of the ..... seen that the first part of section 485 is concerned with making or possessing any instrument for the purpose of counterfeiting a trade mark or property mark, whereas, the second part is concerned with possession of a trade mark or property mark for the purpose of passing off. the respondent was charged with both, namely, possession of an instrument for counterfeiting, and ..... years.3. the said anglo-french drug co. (eastern) ltd. of bombay having received information that a spuri9us drug was being sold with a counterfeit of the said trade mark, moved the learned chief presidency magistrate, calcutta, for an investigation into their complaint by the detective department of the calcutta police. the learned chief presidency magistrate ordered such .....Tag this Judgment!
Court : Allahabad
Decided on : Aug-05-1953
Reported in : AIR1954All97
..... his sealed tin and pleaded that he was innocent. we take it that the swastika trade mark is a registered trade mark under the patents designs act. learned counsel for the state has admitted that there is no rule or regulation made by the state government under section 1 4, prevention ..... the required minimum of 5 per cent. as regards adulteration, no questions were asked to the accused, but he was asked whether it was not a fact that the swastika trade mark vegetable ghee, the sample of which was sent to the public analyst, contained less than 5 per cent, of sesame oil. the accused admitted that the sample was taken from ..... section 6 and acquitting the accused.9. as regards the fourth case (criminal appeal no. 420 of 1951) in which purna nand was acquitted, a sample of vegetable ghee, swastika trade brand, was taken from him by the sanitary inspector. the sample was sent to the public analyst who reported that the sample was adulterated and sesame oil in the sample .....Tag this Judgment!
Court : US Supreme Court
Decided on : May-25-1953
..... competitive judgment; they are effectively excluded from the marketplace. page 345 u. s. 606 for that reason, tying agreements fare harshly under the laws forbidding restraints of trade. federal trade commission v. gratz, 253 u. s. 421 (1920), decided that a complaint which charged a seller with conditioning his sale of steel ties on purchases of jute ..... discontinued (january 1941). [ footnote 38 ] this record contains no evidence explaining the morning tribune's demise. we must therefore assume that the times-picayune publishing company's challenged trade practices are in no way linked to the suspension of that competing daily newspaper. [ footnote 39 ] all general display advertising data are derived from the table below (r. 1450 ..... the publishing company's arrangements challenged here. the publishing company's advertising contracts must thus be tested under the sherman act's general prohibition on unreasonable restraints of trade. for purposes of 1, "[a] restraint may be unreasonable either because a restraint otherwise reasonable is accompanied with a specific intent to accomplish a forbidden restraint or ..... ; in technical terms, products whose "cross-elasticities of demand" are small. useful to that determination is, among other things, the trade's own characterization of the products involved. the advertising industry and its customers, for example, markedly differentiate between advertising in newspapers and in other mass media. see, e.g., frey, advertising (2d ed.1953), cc. 12, .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Oct-01-1953
Reported in : AIR1954P& H211
..... or any other form of packing. further under the heading 'particulars governing supply' there is no mention whatever of packing, and 'packing and marking' appear together under the second clause of the contract which is headed 'delivery schedule and despatch instructions'. this last fact makes the present case ..... certified or sealed sample denoting a certified copy, of the sealed pattern or sample sealed by the purchaser for guidance of the inspector, (e) trade pattern denoting a standard of the b.s.i, or other standardizing authority or a general standard of the industry and obtainable in the open market, ..... gallon tins of the kerosene oil type and each tin shall contain 30 lbs. nett. two such tins shall be repacked in a strong, trade wooden case iron-hooped, steel strapped or wired. the packing shall be sufficiently strong to withstand rough handling during transit by road, rail or ..... sub-paragraph was added to clause 9 of the form giving express power to the inspector to reject consignments of goods not packed and marked in accordance with the instructions. this correction of course cannot affect contracts such as the present entered into before the 1st of september 1943 ..... paragraph 2 again headed 'delivery schedule and despatch instructions', the roman figure under this paragraph begins with 'i' and the words 'packing and marking appear under the figure 'ii'. 7. the questions raised under the two contracts so far as the solidified fuel is concerned are practically identical .....Tag this Judgment!