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Judgment Search Results Home > Cases Phrase: trade marks Year: 1958 Page 1 of about 711 results (0.095 seconds)

Dec 05 1958 (HC)

Sri Chamundeeswari Weaving and Trading Co. (Private) Ltd. Vs. Mysore S ...

Court : Chennai

Decided on : Dec-05-1958

Reported in : AIR1959Mad251; (1959)1MLJ217

..... is situate. in this particular case, there is no suit or other proceeding pending in any court regarding the first respondent's trade mark.13. an order that the trade mark be struck off the register would affect the first respondent and his business. the first respondent's head office is at bombay ..... its mill is in the mysore state. the subject-matter of the petition, therefore, relates to the states of bombay and mysore. if the trade marks were struck off the register, it would directly affect the business transacted in the states of bombay and mysore. the high court at bombay has ..... for consideration is whether the subject-matter of the petition, namely, the removal of the trademark of the first respondent from the register of trade marks, relates to the state of madras. the petitioner contends that any high court in india would have jurisdiction to entertain a petition by any citizen ..... with respect, the correctness of that view. the decision would become directly applicable if the registrar refused the petitioner's application for registration of the trade mark, and the petitioner preferred an appeal to the high court of this state instead of to the high court at bombay.12. the only question ..... that upto a date one month before the date of this petition a continuous period of five years or longer had elapsed during which the trade mark was registered and during which there was no bona fide use thereof in relation to those goods by the first respondent.6. the first respondent .....

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Mar 19 1958 (HC)

Satya Deo Gupta Vs. Amrit Dhara Pharmacy

Court : Allahabad

Decided on : Mar-19-1958

Reported in : AIR1958All823

..... 276 : 'in order to see whether it should be registered, we have to consider whether 'tripcastroid' so nearly resembles the trade mark 'castrol', which i.s the registered trade mark of the appellants, as to be calculated to deceive; and we have to consider the interests of the general public who ..... like 'amrit' and 'dhara' cannot be made the monopoly of any individual. we, therefore, see no reason to disallow registration of the trade mark 'lakshman dhara'. 27. this normally would have been enough to dispose of the whole appeal but in deference to the lengthy arguments that were advanced ..... the probability of deception purely on a consideration of the relative nature of the two words themselves, consisting of, first, the opponents' trade mark, and, secondly, the trade marrk which the applicants seek to register. that being so, and concentrating on the construction of those two 'words, i must say that ..... of shri satya deo gupta or they are sold or can be passed off, as belonging to theamritdhara pharmacy simply because they carried the trade mark 'lakshman dhara.' learned counsel for the lakshman dhara pharmacy has arguedthat the words 'lakshman dhara' are both words well known to the public ..... he found that the medicine 'lakshman dhara' had admittedly been sold mostly in this state. as a result, therefore, the registration of the, trade mark 'lakshman dhara' was ordered subject to the condition mentioned above. aggrieved by this decision, the applicant has come up in appeal to this court .....

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Jul 10 1958 (HC)

London Rubber Co. Ltd. Vs. Durex Products (incorporated) and anr.

Court : Kolkata

Decided on : Jul-10-1958

Reported in : AIR1959Cal56,64CWN110

..... likely to deceive and cause confusion nun its registration ought not to be permitted in view of section 8(a) of the trade marks act.27. section 8(a) of the trade marks act, 1940 roads thus :'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-- (a) by reason ..... confusion can be registered under any circumstances. therefore, he contends that the prohibition of section 8 of the act applies. section 8(a) of the trade marks act, 1940, inter alia provides :'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-- (a) by reason of its being ..... discretion under the section the court or the registrar will have regard to the interests of the public as well as those of the owners of the trade marks.' section 12(2) of the english trade marks act 1938 uses the identical expressions 'honest concurrent use or of other special circumstances.'13. this disposes of mr. chandhuri's main objection to this decision of ..... not stand alone. section 8 deals with the prohibition of registration of certain matters. section 10 of the act deals with prohibition of registration of identical or similar trade marks. section 10(2) of the trade marks act, 1940, provides :'in case of honest concurrent use or of other special circumstances which, in the opinion of the registrar, make it proper so to do .....

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Mar 13 1958 (HC)

Mohamed MinhajuddIn Vs. Ahmed Khan

Court : Andhra Pradesh

Decided on : Mar-13-1958

Reported in : AIR1959AP168

..... the court below was justified in vacating the interlocutory injunction given in favour of the appellant.3. the appellant is the plaintiff. he is admittedly the owner of a trade mark registered under the trade marks act (v of 1940) under which he sells a medicinal preparation named as zinda tilismat. the respondent also prepares and puts in the market medicinal preparations under the ..... appellant has got his trade mark registered under the provisions of the trade marks act. the respondent no doubt claims to possess a registered trade mark.but the registration seems to have been unilaterally obtained under the hyderabad registration act which was never meant for such registrations. it ..... all probability deceive an unwary purchaser.the learned additional first judge has failed to take notice of this method. the advocate for the appellant invited our attention to both the trade marks. after examining them we felt satisfied that the similarity was sufficient to make out a prima facie case for me interim relief. in addition to it we find that the ..... caption of ruh-e-tilismat. the complaint on the part of the appellant was that the respondent had infringed his trade mark by adopting a design similar to that of the appellant and was passing off his goods to the detriment of the appellant. he, therefore, prayed for a perpetual injunction, .....

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Dec 11 1958 (HC)

S.M. Syed Haji Abdul Rahiman and Co., Madras Vs. C.H. Kizar Mohamed an ...

Court : Chennai

Decided on : Dec-11-1958

Reported in : AIR1959Mad357

..... appellant and his father from using the term 'shanmugam' in connection 'or association with beedies as a descriptive term thereof or from using any trade name or trade mark in which the term 'shanmugham' occurs or from carrying on business in the ambasamudram taluk in the firm name in which the word 'shanmugam ..... would be for the court to find out if an ordinary buyer would or would not be taken in by the close similarity between the trade marks adopted by the two contesting parties.5. we have looked at the two labels and we entirely agree with the learned trial judge that ..... . mr. srinivasagopalachariar, the learned counsel for the defendants-appellants argued that there is a fundamental difference between an action for infringement of a registered trade mark and an action for passing off the goods of the defendants as the goods of the plaintiffs; and that the learned judge has not borne ..... difference being that there was in addition a table in the defendants' label. he, therefore, granted an injunction restraining the defendants from using label or trade mark with the device of the chair but observed that there will be no objection for their using it without the chair. the rest of the plaintiffs ..... the plaintiffs' rights; and what are the reliefs the plaintiffs are entitled to;3. whether the suit is not maintainable under section 20 of the trade marks act (v of 1940).the learned judge, ramaswami gounder j. who tried the suit held that if the defendants were allowed to retain the chair .....

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Aug 20 1958 (HC)

Radhakisan Naraindas, a Partnership Firm Vs. Trilokchand and ors.

Court : Madhya Pradesh

Decided on : Aug-20-1958

Reported in : AIR1959MP21

..... of khargosh is enclosed in a scroll and the writing is in hindi.2. the plaintiff-firm claims that it got the trade mark 'khargosh chhap' registered under the indian trade marks act, 1940. it claimed that the label of the defendants was sufficiently similar to cause confusion in the mind of an unwary ..... affidavits, which in the circumstances of the case were a poor substitute for the kind of proof needed to apply section 25 of the indian trade marks act to such a case. before us also reliance was placed upon those same affidavits and the declaration to which we have referred.we do ..... today.5. there can be no doubt that if the label was in current use before the registration of the plaintiff's label under the indian trade marks act, the provisions of the section above quoted would save prima facie the defendant from the grant of a temporary injunction. for this purpose, however ..... predecessor in title of his,whichever is the earlier, or to object (on such use being proved) to registration of that identical or nearly resembling trade mark in respect of those goods under sub-section (2) of section 10. the learned counsel for the appellant contends on the authority of two cases ..... arises out of a suit for damages and permanent injunction against the respondents-defendants, who, it is alleged, are infringing a registered trade mark of the plaintiff-firm. this trade mark is affixed as a label containing the picture of a rabbit and as tissue paper (jhilli) on the bidis manufactured by the appellant. .....

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Sep 03 1958 (HC)

Myrurgia Societe Anonyme Vs. V.R. Subramanyam and anr.

Court : Kolkata

Decided on : Sep-03-1958

Reported in : AIR1959Cal116

..... .6. no question of principle is involved in this case. it certainly is the registrar's duty to register a trade mark and to see whether a trade mark is registrable or not. nobody disputes that proposition. supposing an applicant for trade mark conies to register a trade mark before the registrar. the application is advertised. suppose then there is no opposition. even then no doubt the registrar ..... is given to the applicant to bring further evidence to satisfy him. such a course would be procedurally hard and unfair. it will make nonsense of rule 31 of the trade mark rules which says that the notice of opposition shall inter alia include a statement of the 'grounds' upon which the opponent objects to the registration. the grounds in this case ..... tm-16 before him for amendment. i am afraid the deputy registrar completely tailed to understand the legal position. what would the applicant amend? he applied for registration of a trade mark, 'maja', simpliciter without the design of the picture of a woman and i do not see why he should be made to amend the petition on a ground which was ..... review of the record as a whole, we feel that justice has not been done in this case. we, therefore, set aside the order of the learned deputy registrar of trade marks and remand the case back to him for a fair trial on evidence and we direct that he should give opportunities to the applicant to adduce evidence before him by .....

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Jan 23 1958 (HC)

P.M. Swamy Vs. K. Sultan Mohideen

Court : Chennai

Decided on : Jan-23-1958

Reported in : (1958)1MLJ355

..... , his agents, or dealers or servants, be and are hereby restrained by injunction from manufacturing selling or offering for sale snuff under the offending trade name, trade mark, label or any other colourable imitation of the plaintiff's trade name, trade mark, label and design ;(3) that the defendant be and is hereby directed to surrender all the pamphlets, letter heads cash memos, order books, ..... not divest the civil-courts as such of jurisdiction even in the limited class of cases referred to therein, namely, suits for the infringement of a trade mark or otherwise relating to any right in a trade mark. the jurisdiction of the civil courts is maintained. only the class of courts, established under the civil courts act, inferior in jurisdiction to a district ..... act and fell outside the scope of the ban imposed by section 73 of the act. we have already pointed out that the plaint contained express allegations, that the registered trade mark of the plaintiff and his rights therein were infringed by the conduct of the defendant, and the plaintiff sought relief on that basis also. whether despite the apparently wide ..... is persisting in his colourable limitation and infringement of the plaintiff's rights. 6. thus the specific plea was that the defendant's acts constituted an infringement of the registered trade mark of the plaintiff.7. it was common ground that in execution of the decree the plaintiff obtained, which as we said was ex parte the defendant, the plaintiff decree-holder .....

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Feb 28 1958 (HC)

Blackwood and Sons Ltd. and ors. Vs. A.N. Parasuraman and ors.

Court : Chennai

Decided on : Feb-28-1958

Reported in : AIR1959Mad410

..... such a course without attributing a local situation to that right.62. earlier i have set out instances of intangible rights like patents and trade marks as affording an analogy for reaching a decision in relation to copyright. the basis of the rule in those cases is to be found ..... with reference to the jurisdiction where the right could be enforced, and (3) lastly the analogy furnished by comparable intangible rights such as patents and trade marks (as to patents see 1932 ac 23858. if the intangible right whose situs has to be determined is a statutory right and owes its existence ..... situate, the general rule notwithstanding. a cause of action in contract or tort is situate where action may be brought upon it. patents and trade marks are situate where they can be transferred on the same principle as shares in companies......the inference, however, must not be rawn that because no ..... analysis the mere fact that certain guides were published furnished no proof that though the latter constituted an infringement, custom or usage in the publishing trade afforded sanction for such infringement.90. i have, upto now proceeded on the basis that usage might afford a defence for infringement. in the ..... publication entitled 'stories from tagore'. the plaintiffs, messrs macmillans and co., ltd., entered into an agreement on 12-5-1919 with sir rabindranath tagore (marked as ex. p. 18) by which in consideration of the payment of a royalty, sir rabindranath tagore assigned to them 'the exclusive right of .....

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Feb 06 1958 (HC)

Md. Mahboob and anr. Vs. Bibhuti Bhusan Gupta

Court : Kolkata

Decided on : Feb-06-1958

Reported in : AIR1960Cal63

..... alleged inter alia, were making the soap 'sunright' with a false trade mark and using wrappers also with false trade mark thereon in a manner reasonably calculated to cause it to be believed that the soaps had connection with the firm lever brothers (india) ..... section 486 i. p. c. in a case where the question turned on the use of the word 'nortons' in place of the registered trade mark 'mortons'.21. in the result, we do not wish to interfere with the order of conviction and sentence as passed by the learned magistrate.22. ..... details the wrappers of sunright so closely resemble those of sunlight that they are likely to deceive an unwary purchaser who is acquainted with the trade mark and who trusts his memory. it is true that the price of sunright is only 5 pice whereas that of sunlight is about 6 annas ..... connection at all.2. the case against the accused and the objections raised will be discussed hereafter.3. the right of lever brothers to the trade mark (sunlight) and the wrappers of sunlight is unquestionable.4. it was contended by the learned advocates appearing for accused petitioners in crl. revision cases ..... obtained by the accused and in the other two rules were granted to the complainant regarding enhancement of sentence. they relate to two cases for infringement of trade mark held by messrs. lever brothers (india) ltd. in respect or a soap known as 'sunlight' manufactured by them. the accused petitioners, it was .....

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