Court : Supreme Court of India
Decided on : Sep-09-1969
Reported in : AIR1970SC1649; (1969)2SCC727; 2SCR222
..... found that there is a deceptive resemblance between the word 'ruston' and the word 'rustam' and therefore the use of the bare word 'rustam' constituted infringement of the plaintiff's trade mark 'ruston'. the respondent has not brought an appeal against the judgment of the high court on this point and it is, therefore, not open to him to challenge that finding ..... respects. as was observed by the master of the rolls in saville perfumery ltd. v. june perfect ltd. 58 r.p.c.147 the statute law relating to infringement of trade marks is based on the same fundamental idea as the law relating to passing-off. but it differs from that law in two particulars, namely (1) it is concerned only with ..... , lord cottenham l.c. in millington v. fox, 3 my & cr. 338 held that it was immaterial whether the defendant had been fraudulent or not in using the plaintiff's trade mark and granted an injunction accordingly. the common law courts, however, adhered to their view that fraud was necessary until the judicature acts, by fusing law and equity, gave the equitable ..... ' as the words 'rustam india' was used. on february 17. 1956 the appellant instituted a suit praying for a permanent injunction restraining the respondent and its agents from infringing the trade mark 'ruston'. on january 3, 1958 the additional district judge, meerut, dismissed the suit holding that there was no visual or phonetic similarity between 'ruston' and 'rustam'. the appellant took the .....Tag this Judgment!
Court : Delhi
Decided on : Apr-15-1969
Reported in : AIR1969Delhi324; ILR1969Delhi1227
..... p. c. khanna, learned counsel for the appellant, raised one other contention also with regard to the nature of alteration in the register of trade marks which according to him is the only kind of correction or alteration envisaged under section 57 of the act. he argued that the only alteration ..... shri jai madho avasthi, shri radha kishan khandelwal and rama shanker avasthi had been entered in the register as the registered proprietors of the trade mark when according to the partnership deed dated 26-2-1958 jai madho avasthi, anand madho avasthi, shmt. shakuntla devi and shmt. manorma devi ..... be implicit in these rules that when an application for registration of assignment or transmission is made by some persons in respect of a trade mark in which the names of certain other persons are shown as registered proprietors, before any action is taken on that application, the persons ..... the registrar shall, on receipt of the application and on proof of the title to his satisfaction, register him as the proprietor of the trade mark in respect of the goods of which the assignment or transmission has effect, and shall cause particulars of the assignment or transmission to be ..... the recording of entry. the alteration consists in removing the name of the appellant from the certificate as one of the proprietors of the trade mark and thereforee, seriously affects the proprietary rights of the appellant an order involving such serious consequences certainly comes within the ambit of sub-section .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-08-1969
Reported in : (1970)72BOMLR528
..... also led some further evidence. the joint registrar, after hearing the matter, gave his judgment and order dated 17th february, 1968. the petitioners' as well as the respondent's trade marks are word marks simpliciter. the registrar in his judgment considered the principles to be followed and tests to be applied as laid down in decided cases, made a visual and phonetic comparison ..... and particularly so when the result of a confusion occurring would be disastrous. this principle can be found from the judgments in in the matter of an application for a trade mark by lewis thomas edwards (1945) 63 b.p.c. 19. in the matter of an application by bayer products, ld., and in the matter of an opposition by a. wander ..... registration of its trade mark 'nardelzine' in part a of the register in respect of goods in class 5. on 19th april, 1962 the petitioners filed a notice of opposition to the registration of the ..... state of new jersey, u.s.a. both the petitioners and the respondent carry on business as manufacturers of medicinal and pharmaceutical preparations.2. on 20th may, 1955 the petitioners' trade mark 'nardyl' was registered in respect of goods in class 5 of part a of the register. on 8th march, 1960 the respondent company filed an application before the registrar for .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-08-1969
Reported in : AIR1970SC2062; (1971)73BOMLR119; (1969)2SCC716; 2SCR213
..... argued in the appeal whether the word 'dropovit' was not an invented word and whether it was a descriptive word. section 9(1) of the act states-a trade mark shall not be registered in part a of the register unless it contains or consists of at least one of the following essential particulars, namely- . . . . ..... deceptive similarity must therefore be decided on the basis of the class of goods to which the two trade marks apply subject to the limitation agreed to by the respondent. from the nature of the goods it is likely that most of the customers ..... respondent was willing that the court should direct in exercise of its powers under section 56(2) that the registrar should limit the respondent's trade mark 'dropovit' to medicinal and pharmaceutical preparations and substances containing principally vitamins and that the appeal should be decided on this basis. the question of ..... the sound of one word resembles too nearly the sound of another so as to bring the former within the limits of section 12 of the trade marks act, 1938, must nearly always depend on first impression, for obviously a person who is familiar with both words will neither be deceived nor ..... to the registrar by any person aggrieved, 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, or failure to observe a condition entered on the register in relation thereto.section 2(1)(d) defines the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-14-1969
Reported in : AIR1970SC146; (1969)2SCC131; 1SCR290
..... 103 is instructive. from the appendix printed at page 270 of the same volume it appears that vick chemical coy were the proprietors of the registered trade mark consisting of the word 'vaporub' and another registered trade mark consisting of a design of which the words 'vicks vaporub salve' formed a part. the appendix at page 226 shows that the defendants advertised ..... , the danger of confusion between the two phonetically allied names is imminent and unavoidable.accordingly, he allowed the appeal and dismissed the appellant's application for registration of the trade mark. the appellant filed a letters patent appeal. the divisional bench of the high court dismissed the appeal. the learned registrar and the two courts below concurrently found that the ..... snuff manufactured in madras.' the respondents filed a notice of opposition. the main ground of opposition was that the proposed mark was deceptively similar to their registered trade marks. the respondents were the proprietors of the registered marks nos. 126808 and 146291. trade mark no. 126808 consists of a label containing a device of a goddess sri ambal seated on a globe floating on ..... (3). the present appeal has been filed by the appellant after obtaining special leave.4. the registrar was of the view that the appellant's mark was not deceptively similar to the respondents' trade marks. he has expert knowledge of such matters and his decision should not be lightly disturbed. but both the courts have found that he was clearly .....Tag this Judgment!
Court : Delhi
Decided on : Nov-20-1969
Reported in : 6(1970)DLT94
..... this view of law found favor with the punjab high court and is relied upon in the case reported as messers watikns mayor and company, jullandur city v. registrar of trade marks, bombay and another. but when there was no clear chance given to the respondent smt. beldassi to refute the allegation of re marriage leveled against her. in view of the ..... contaning certain forms. the form in reference is the form 'k' and the same has been drafted with reference to rule 16. there is a star mark which occurs before the word 'years' and that star mark refers to an explanationn which would lead to the con- 1. 0065/1968 : air1968delhi255 . clusion that the jamabandis of the year pertaining to the vesting .....Tag this Judgment!
Court : Chennai
Decided on : Jan-09-1969
Reported in : (1970)1MLJ512
..... , had been continuing the business after the lifetime of gaffar, the sixth defendant. having regard to the circumstances, the substantial dispute relating to only the rights in the goodwill and trade mark of the firm, i think it is a case where the court must declare the partnership as dissolved. at the time the suit was instituted, clearly the plaintiffs cannot claim ..... interests. when the trial court decreed that the partnership stood dissolved from 16th september, 1960, while the sixth defendant appealed against the decree to the extent, his claims to the trade mark and goodwill were denied, there was no appeal or memorandum of cross-objections by the fifth defendant. cross-objections were preferred only by defendants 2 to 4 and plaintiffs 2 ..... subsequent events. counsel for the appellants concentrated his attack on the dissolution of the partnership at the will of the sixth defendant and his exclusive claim to the goodwill and trade mark based thereon, while counsel for the respondents would press on the dissolution of the partnership at the will of the. sixth defendant in an effort to sustain exclusive title for ..... continuance of the partnership at least till its determination by the death of all but one of the partners. there are certain other aspects relating to the ownership of the trade mark and goodwill which emphasise the fact that when the partnership was formed under exhibit b-2, the parties never intended its termination and dissolution amongst all the partners at the .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-16-1969
Reported in : 81ITR243(Cal)
..... do all such acts and execute all documents necessary for enabling 'simplex' to obtain registration but in order that the validity of the registration by ' simplex ' of the trade mark or any other trade mark bearing or using the word 'simplex' shall not be prejudiced by appearing in the market within india of ' simplex ' products manufactured by hgec no use shall be ..... as business expenditure under section 10(2)(xv). the assessee did not under the agreement become exclusively entitled, even for the period of the agreement, to the patents and trade marks of the swiss company; it had merely access to the technical knowledge and experience in the pharmaceutical field which the swiss company commanded. the assessee was on that account ..... by the assessee towards, (i) technical consultancy and technical service rendered and research work done; (ii) cost of raw material used for experimental work ; and (iii) royalties on trade marks used by the assessee. the assessee further agreed : (a) not to divulge to third parties without the consent of the swiss company any confidential information received under the agreement, (b ..... simplex' in so far as those specifications are not at variance with specifications of the indian standard institute and ' simplex * is hereby empowered to withdraw the use of the trade mark from any products which it reasonably considers to be below standard and hgec fails to manufacture in accordance with the standard of equality and specifications of ' simplex ' in spite of .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-17-1969
Reported in : 75ITR260(Bom)
..... is explained on behalf of the assessee by pointing out that those were the days of the complete control on textile production and that very little turned on either the trade mark or the goodwill of a particular producer, there being an acute shortage and scarcity of textile goods. under the provisions of the textile control order then in operation, at every ..... . y. 2001 (18th october, 1944), rai bahadur narsinghdas agreed to purchase from the said partnership the assets and effects of the said two businesses including the goodwill thereof and the trade marks connected therewith at the prices of the different assets of the said two businesses mentioned in the schedule hereunder written amounting to a total of rs. 50,00,000 (rupees ..... . it also recites that, as a part of the agreement to dissolve the partnership, it was also agreed between the two partners that the said two business including the goodwill, trade marks, etc., connected therewith will be purchased from the partnership along with the assets by one on the partners, namely, seth narsinghdas daga. after the dissolution and acquisition of the partnership ..... assumption that the goodwill of the business was rs. 16,00,000 and the agreement had not made adequate allowance for the goodwill because, according to the agreement, goodwill and trade marks were valued at only rs. 10,000. the tribunal, after considering the remand report of the income-tax officer, confirmed the orders of the income-tax authorities for reasons given .....Tag this Judgment!
Court : US Supreme Court
Decided on : Dec-31-1969
..... dissenting opinion delivered by me in the standard oil case. i will not repeat what is therein stated, but it may be well to cite an additional authority. in the trade-mark cases, 100 u. s. 82 , the court was asked to sustain the constitutionality of the statute there involved. but the statute could not have been sustained except by ..... purpose and illegal combination is overwhelmingly established by the following considerations: (a) by the fact that the very first organization or combination was impelled by a previously existing fierce trade war, evidently inspired by one or more of the minds which brought about and became parties to that combination; (b) because, immediately after that combination and the increase ..... congress." the corporations thus named, their officers, etc., were next restrained page 221 u. s. 152 and enjoined "from further directly or indirectly engaging in interstate or foreign trade and commerce in leaf tobacco or the products manufactured therefrom, or articles necessary or useful in connection therewith. but if any of said last-named defendants can hereafter affirmatively show ..... and purposes of said contract, combination, and conspiracy entered into on or about september 27, 1902, and thereafter, and that it be enjoined from engaging in interstate or foreign trade and commerce within the jurisdiction of the united states." "5. that the court adjudge the american tobacco company, the american snuff company, the american cigar company, the american stogie .....Tag this Judgment!