Court : Kerala
Decided on : Nov-30-1960
Reported in : AIR1962Ker156
..... sharma bona fide using it. 10. another consequence of the word not having lost its original meaning is that the register of the trade marks under the trade marks act, 1940 has to be corrected, so far as the word navaratna is concerned, except in the combination, which we propose to ..... other preparations. it is admitted in the case that the firm later had registered 'navaratna' and 'navaratna pharmceutical laboratories', as its two trade marks under the cochin trade marks act, act xix of 11119. the relevant documents are exts. j(1) and j (2) and both are of the year ..... likelihood of a person being deceived. in this connection, we may refer to the following passage from kerly on trade marks seventh edition, pp. 615, 616: ''a trade mark is likely to deceive or cause confusion by its resemblance to another already on the register if it is likely to ..... and 'navaratna pharmaceutical laboratories' later, so as to distinguish his business from those of other' the learned judge has next held that the aforesaid trade mark, 'navaratna pharmaceutical laboratories' has teen infringed by the use of the words 'navaratna kalpa pharmacy', and not by the words 'navaratna kalpa', that ..... attributes. the next group of the conclusions in the judgment is that the registration of 'navaratna' and 'navaratna pharmaceutical laboratories' under the trade marks act and the renewals constitute prima facie evidence of the validity of the registration; that pandit sharma should establish their invalidity; and that as .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-29-1960
Reported in : AIR1961Cal240,1961CriLJ488
..... , one such particular mentioned in the section is the use of one or more invented words. section 11 provides for registration of parts of trade marks and of trade mark as a series. it says where the proprietor of a trade mark claims to be entitled to the exclusive use of any part thereof separately, he may apply to register the whole and the part as ..... prosecution the hindusthan vanaspati mfg. co., ltd. have their trade mark registered. their case is that there was infringement of their registered trade mark. as we have seen, section 478 says that for the purposes of the code the expression 'trade mark' includes a trade mark registered under the trade marks act, 1940. 'mark' is defined in section 2(f) of the trade marks act, 1940. it includes a device, brand, heading, lable ..... under section 7 of the essential commodities act that the appellant had infringed the trade mark rights of hindusthan vanaspati .30. section 478 of the indian penal code says that the expression 'trade mark' includes a trade mark registered under the trade marks act, 1940. section 480 describes what amounts to using a false trade mark. leaving out such parts of the section as are unnecessary to our immediate purpose .....Tag this Judgment!
Court : Allahabad
Decided on : Dec-15-1960
Reported in : AIR1961All511
..... registration thel registrar had wanted that there should be a disclaimer of the word 'shree' used in the trade mark but as the company did not agree the disclaimer was not insisted upon.subsequently discovering that there was a well-established practice whereby the word 'shree' was either refused registration ..... as a trade mark or a disclaimer was entered if it was a part of a trade mark, the registrar after notice to the company directed that a disclaimer be inserted in respect of that word. feeling aggrieved by the order of ..... . in support of it learned counsel placed reliance on some observations made in the case of registrar of trade marks v. ashok chandra rakhit ltd. : 2scr252 . in that case the respondent company, ashok chandra rakhit ltd., had got a trade mark registered with the registrar of trade marks in respect of the ghee which was manufactured and sold by it. at the time of the .....Tag this Judgment!
Court : Chennai
Decided on : Jan-21-1960
Reported in : (1961)IILLJ213Mad
..... . the beedis thus rolled are collected and warmed or roasted, after which they are ready for packing, labelling and sale. in a case where the ultimate proprietor owns the trade mark, the trade mark labels, are affixed to the individual beedis as also on the packets containing them. it will be thus noticed that the work of wetting and cutting of the wrapper leaves ..... advancing money, supplying goods or otherwise, a substantial interest in the control of the affairs of any beedi industrial premises,(iii) a proprietor or a registered user of a trade mark registered under the trade marks act in relation to beedi, and (iv) any other person to whom the affairs of any beedi industrial premises are entrusted.69. under the act, the employer has ..... , supplying goods or otherwise, a substantial interest in the control of the affairs of any beedi industrial premises and includes:(i) a proprietor or a registered user of a trade mark registered under the trade marks act, 1940 (central act v of 1940), in relation to beedi; and (ii) any other person to whom the affairs of any beedi industrial premises are entrusted ( ..... ) of the constitution.4. the petitioners in the above petitions can be broadly classified into four groups:(i) the proprietor of a beedi factory,(ii) the owner of a trade mark registered under the trade marks act, 1940, in relation to beedis,(iii) the branch managers of middlemen who claim as independent contractors, and (iv) part-time outworkers.5. the petitioner in writ petition .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-12-1960
Reported in : AIR1961Bom203; (1961)63BOMLR69; 1961CriLJ66; ILR1961Bom248
..... every man is presumed to intend the consequences of his act. the very fact, that the accused has kept in the shop goods containing counterfeit trade mark, shows by necessary implication that he has an intention to do an act, which is forbidden by the statute.13. lord hewart has also pointed ..... the packets, that were seized from the shop of accused no. 1, were counterfeits of the wrappers used by parle co. under a registered trade mark. at the same time he held that accused no. 1 was not guilty because he was not carrying on thc business of the shop and ..... to questions under section 342 of the criminal procedure code, accused no. 1 denied that the wrappers were imitations or counterfeits of the wrappers of the glucose biscuits trade mark. accused no. 2 admitted that he purchased the objectionable biscuit packets. he, however, suggested that he purchased them from hawkers, who sell these goods ..... indian pena] code runs thus:'whoever sells, or exposes, or has in possession for sale or any purpose of trade or manufacture, any goods or thing with a counterfeit trade mark or property mark affixed to or impressed upon the same or to or upon any case, package or other receptacle in which such goods ..... here there was a failure to take all reasonable precautions, and therefore the defence based upon the absence of reason to suspect the genuineness of the trade description, was impracticable. what then was the defence raised? it was that in some way, other than that referred to in para (a), the .....Tag this Judgment!
Court : Chennai
Decided on : Dec-21-1960
Reported in : 47ITR80(Mad)
..... wise a complete identity in the lines of business that were carried on by k. h. chambers, that the same constituents were taken over and that the trade marks, codes, premises, etc., of the old firm were also enjoyed by the firm conducted by k. h. chambers. if before the actual taking over by ..... h. chambers continued to carry on the identical line of business in the same premises with the same telephone number, post box number, codes and trade marks and important sections of the staff that belongs to chambers and co. that was as a matter of fact by the tribunal in the statement of ..... use and occupation of the business premises. he also gave up all claims to the outstanding and assigned to the other partner the right to the trade marks of the firm. but before dissolution, certain major creditors were paid off. but apart from this, the assessee took over the assets and liabilities of ..... chambers and co., taking over all the constituents of the business, using the same premises with the same telephone number, post box number, codes and trade marks and important sections of the staff that belonged to chambers and co. g. a. chambers also utilised his good offices in getting the liverpool and ..... foregoing facts cannot be said to have been transferred intact to the son, a large part of the assets and liabilities including some stock-in-trade having been retained by the father himself for eventual liquidation in pursuance of his intention to close down. in these circumstances, we have to hold .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-09-1960
Reported in : AIR1960SC669; 1960CriLJ1017; (1961)63PLR359; 2SCR911
..... been considered by the high court at all and it has contented itself by saying that the wrappers and labels recovered in this case were colourable imitations of the genuine trade marks. that in our opinion does not dispose of the matter so far as s. 28 is concerned. the high court should have found whether the resemblance in this case was ..... both.' the contention on behalf of the appellants is that the high court in holding that the labels and wrappers in this case were only colourable imitations of the genuine trade mark labels and wrappers of the company and were not counterfeit has not taken into account the words of s. 28 and particularly of the two explanations thereof. it is pointed ..... will stand. he has, however, strenuously urged that the view of the high court that the wrappers and labels are not counterfeit but are mere colourable imitations of the genuine trade marks of the company is incorrect inasmuch as the high court has not given full effect to the words of s. 486 in that behalf and the definition of 'counterfeit' in ..... . these are two connected appeals by special leave against the judgment of the allahabad high court. the brief facts necessary for their disposal are these. one bhagwan swarup saxena, the trade marks investigator, lever brothers limited india (hereinafter called the company) was working in lucknow on behalf of the company. he came to know that counterfeit sunlight and lifebuoy soaps were being .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Aug-05-1960
Reported in : AIR1961AP201
..... suit in the court of the district judge, warangal (o. s. no. 9/1/54) for a declaration that he was entitled to the exclusive user of his trade mark, which he had registered under the trade marks act, representing and describing a particular brand of beedies manufactured by him. the basis of the action was that the defendant (appellant) was closely copying this ..... trade mark and using it as his own with slight changes and thereby causing considerable loss of trade to the plaintiff's beedi business.3. the trial of the suit commenced in the beginning of 1956 and after two witnesses were ..... examined for the plaintiff, including, the plaintiff and some documents were marked on his behalf, it was adjourned to 14-4-1956 for further evidence .....Tag this Judgment!
Court : Allahabad
Decided on : Jan-25-1960
Reported in : AIR1960All548
..... case their lordships were called upon to decide as to the nature of the 'appellate jurisdiction which the high' court exercised when dealing with appeals under section 76 of the trade marks act. section 76 lays down that:'save as otherwise expressly provided in this act, an appeal shall lie, within the period prescribed by the central government, from any decision of ..... to the high court having jurisdiction.' 5a. after dealing with the various aspects of the matters, their lordships observed:'the rights created by the trade marks act are civil rights for the protection of persons carrying on trade under marks which have acquired reputation. the statute creates the registrar a tribunal for safeguarding these rights and for giving effect to the rights created by .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Feb-10-1960
Reported in : AIR1960P& H341
..... discussion with regard to the ambit and the scope of the power 'to make laws with respect to trade marks' is noteworthy. according to him, what was committed to the federal parliament was no the class of things called trade marks, but ht e whole subject of trade marks.the rule regarding giving the widest construction was followed in united provinces v. mt. atiqa begum, air .....Tag this Judgment!