Court : Allahabad
Decided on : Oct-21-1970
Reported in : AIR1971All157
..... 1944 and 1945) but on the date of the passing of the decree respondent no. 1 alone was the proprietor of the two trade marks. as for the trade mark being publici juris, the learned single judge held that gadadhar prasad had the exclusive right to use the word 'himkalyan tail' which was ..... application the name of chakradhar saran was substituted and all the formalities were completed for the publication of the trade marks in the trade mark journal. the registrar has further stated that these two trade marks were thus registered, which registration is effective from the date of the application and has further been renewed ..... the expression 'contrary to any law for the time being in force' in section 8 (c) means any law other than the trade marks act. section 6 of the trade marks act is not covered by the wordings of section 8 (c) of the act. (see ram rakhpal's case supra). 25. ..... the affidavit of kashi nath that sri gadadhar prasad made a deliberate false statement that he was the sole proprietor of the trade marks whereas in fact the said trade marks were the property of the joint hindu family consisting of gadadhar prasad, his sons and grandsons. it has further been alleged ..... hindu family in the joint hindu family business'. admittedly these applications and amendments thereof were filed by gadadhar prasad under section 14 of the trade marks act. the registrar was acquainted with the two statements of facts contained therein. it cannot accordingly be held that the registrar was defrauded .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-18-1970
Reported in : AIR1971SC878; (1970)3SCC665; 1SCR70
..... one type of bell from the other manufactured by them; and (3) that about a year prior to the registration of the trade marks in question in 1953 foreign bells were prohibited from being imported. obviously, therefore, the evidence as to purchases and sales by the dealers examined by the appellant companies related to ..... the time of the registration; (2) that there was no averment by me appellant companies, much less any evidence, that lucas or any other foreign concerns had obtained registration of trade marks either of the numeral '50' or the word 'fifty', that the indication, on the contrary, was that those concerns used the different numerals, '30', '61', '50' etc. for distinguishing ..... section 11, and (3) absence of distinctiveness at the commencement of the proceedings in question and not at the time of registration. no contention, therefore, can be raised that the trade marks, '50' and 'fifty', were not distinctive, i.e., adapted to distinguish the cycle bells of the respondent-company at the date of the registration, and therefore, were not registerable ..... in all respects in all legal proceedings including those under section 56, except in the three categories of cases mentioned therein. it follows, therefore, that no objection that the trade mark in question was not distinctive and therefore was not registerable under section 9 can be entertained if such an objection is raised after seven years have lapsed since the date .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-23-1970
Reported in : (1971)73BOMLR586
..... not be so put before any customer when it was sought to the question would be whether a person who sees the proposed trade mark in the absence of the other trade mark of which he has an imperfect recollection was liable to be deceived.4. as far as indian cases are concerned, reference ..... in the use of 'lakshmandhara' in the state of uttar pradesh so as to bring the case within sub-section (2) of s. 10 of the trade marks act, 1940 (corresponding to section 12(2) of the present act), and that the registrar was, therefore, right in imposing the limitation allowing registration of ..... judgment of the supreme court that what the registrar had to see under that section was whether, looking at the circumstance of the case, a particular trade mark was likely to deceive or to cause confusion. mahajan, j. in delivering the judgment of the court, further observed (para 22) that the real ..... block capitals and the said application was opposed by another company named berlei co. which had previously sold brassieres in the u. k. under a registered trade mark, and the berlei company also applied for rectification of the register by the removal therefrom of the 1938 bali registration, inter alia, as offending section 11 ..... of different medicated boiled sweets for sale in england and wales. in considering the matter under sections 11 and 12(1) of the u. k. trade marks act, 1938, the assistant comptroller referred to the observations of cohen, j. in enoch's case cited above, but declined to follow the same in .....Tag this Judgment!
Court : Delhi
Decided on : Nov-09-1970
Reported in : ILR1970Delhi344
..... of the respondent. there is thus an apparent danger to the respondent's goodwill and reputation which is a necessary attribute of a right to trade mark. to accept the argument if the learned counsel for the appellants that since the respondent-company was not having any sales of its product in ..... being removed sometime or the other, she respondent will have suffered an irreparable injury. he says that the respondent's face cream sold under the trade mark 'tibet snow' is both widely advertised and has always had large sales. although due. to import restrictions it has at present no sales in ..... mohammad^) is also of no assistance to the argument of the learned counsel for the appellants. although the case does relate to infringement of a trade mark. the relief of temporary injunction was refused to the appellant in that case not on the ground of absence of a prima jade case but ..... that the restaurant of the defendants had no connection with the restaurant of the plaintiffs. this again was not a case of infringement of a registered trade marks. the very fact that the high court gave the aforesaid directions clearly shows that the plaintiffs had a prima facie case. the ultimate decision in ..... in spite of the fact that the respondent had come to know in the year 1966 that the appellants had commenced proceedings for cancellation of their trade mark 14567 and for rectification of the register.(13) in support of his argument, learned counsel for the appellants has not only cited the case .....Tag this Judgment!
Court : Delhi
Decided on : Aug-25-1970
Reported in : ILR1970Delhi246
..... the policy of the law is that proceedings for rectification must be decided by the high court in separate proceedings and action for infringement of trade mark based on the claim of a registered trade mark being borne on the trade marks register must necessarily be dependant on the result of the rectification proceedings and for this reason, an. elaborate procedure has been prescribed for ..... stay of the suit. in the first place, if the proceedings for rectification are already pending and the plaintiff, during its pendency, institutes a suit for infringement of the registered trade mark, the court is bound to stay the suit pending final disposal of such proceedings. the word 'pending', where it occurs for the first time, in the relevant provision has ..... pending, it was bound to grant stay of the suit since the policy of the law was that the progress of the action for infringement of trade mark fundamentally depended on the continuance of the registered trade mark and, thereforee, its removal from the register was necessarily bound to affect the action turn infringement and so the same must be stayed. the second ..... district judge, delhi against the defendants for a permanent injunction, rendition of accounts and damages on the allegations that the plaintiffs were manufacturing and selling lanterns and torches under their trade mark 'sun brand' which was registered as no. 164198 on 19th may, 1961 onwards and that the defendants had started manufactur may 1954 and it had been renewed for a .....Tag this Judgment!
Court : Chennai
Decided on : Feb-06-1970
Reported in : (1970)2MLJ275
..... paragraph 12 of the plaint in that suit that they have suffered very much on account of the first respondent introducing the goods under an imitation trade mark, and that the continued use of the trade mark by the first respondent would cause the appellants incalculable and irreparable injury, which no amount of money could adequately compensate. on the other hand, ..... file of the city civil court of hyderabad at secunderabad, praying for an injunction restraining the first respondent from ever manufacturing or selling ammonium chloride or navasagar impressed with the trade mark crescent and two stars in a row with the expression ici, amelo, and also with the devices of three crescents with the expression 'kci' impressed. the appellants ..... singh, proprietor of manjeet chemical industries, issued a notice through his lawyer to the appellants accusing them of passing off ammonium chloride manufactured by him under the patang trade mark. in this notice he alleged as follows:that you have not established the necessary machinery for manufacturing the ammonium chloride at your own premises and that you are manufacturing ..... of the application for rectification to the registered proprietors and after receiving evidence of both sides in the shape of affidavits held that there was no proof that the trade mark had become distinctive of the goods of the registered proprietors, that it had been registered without sufficient cause and was wrongly remaining on the register, and should therefore .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Jan-08-1970
Reported in : AIR1970P& H468; 1970CriLJ1517
..... warrants of the office, factory and godown of the firms m/s. amin chand & sons, village and post office, landra. tehsil phillaur, for the recovery of the goods, bearing infringed trade marks 'landra' 'raja shahi' 'vir shah' and 'amin chand & sons' and other materials such as seals, stamps, patterns, etc. etc. which may be used for the purpose of infringement of ..... were dissolved.in these complaints applications under section 96 of the criminal procedure code for issuance of search warrants for the search of the office, factory and go-down and recovery of trade marks, patterns and bill books were also made. on these applications search warrants as prayed for were issued on 22nd may. 1968. against these orders shiv dayal and kishan chand ..... also made an application for the issuance of warrants under section 96 of the criminal procedure code and on that application search warrants for the recovery of the goods bearing the infringed trade marks and other materials such as seals, stamps, patterns, etc., were issued. shiv dayal and kishan chand filed a revision petition before the court of session and obtained a stay ..... jullundur, dated 21st august, 1967, and in other two cases the order of the judicial magistrate first class, phillaur, dated 22nd may, 1968, whereby search warrants for taking possession of trade marks, bill books, etc., were issued, be quashed. as all these references involve common questions of law and fact and the cases out of which these references have arisen relate to .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-25-1970
Reported in : AIR1971Cal3
..... the reliefs claimed. this application must, therefore, succeed.32. there shall, therefore, be an order for injunction restraining the defendant from selling or offering for sale under the trade mark or name 'sacha moti' ganjies without sufficiently distinguishing the same from the products of the plaintiffs and representing the same to be the products of the defendant.33. costs of ..... distinctiveness in the market.27. it has been held by p. b. mukharji, j., (as his lordship then was) in the rase of prem nath mayor v. registrar of trade marks, : air1969cal80 , as follows:--'distinctiveness being primarily a matter of fact. evidence can be given regarding distinctiveness in fact. there are no narrow or rigid rules about distinctiveness. such distinctiveness ..... there is no phonetical similarity. (iv) there is no supporting affidavit showing that nobody was deceived. 16. according to mr. das there is difference between passing off and infringement of trade mark. mr. das relies on the case of kanatraj pandit durga dutt sarma v. navaratna pharmaceutical laboratories, : air1962ker156 . an action for passing off is in sub-stance an action for ..... the defendant from passing off ganjies which are not of the petitioner's manufacture as and for those of the petitioner and from selling or offering for sale under the trade mark or name 'sacha moti' ganjies not of the petitioner's manufacture. the application is also for an injunction restraining the defendant from displaying or causing to be displayed .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-10-1970
Reported in : AIR1970SC564; 40CompCas325(SC); (1970)1SCC248; 3SCR530
..... to lands or tenements, goods or chattels which does not depend on another's courtesy: it includes ownership, estates and interests in corporeal things, and also rights such as trade-marks, copyrights, patents and even rights in personal capable of transfer or transmission, such as debts; and signifies a beneficial right to or a thing considered as having a money ..... resources for massive expansion of branches, vigorous principles for mobilisation of deposits and wide range programme to fill the credit gaps of agriculture, small scale industries, small artisans, retail trade and consumer credit. this policy can be achieved only by direct management by state and not merely by social control. almost all the banks are in favour of large ..... the ultimate result substantially impairs the guarantee of compensation, and on that account the act is liable to be struck down.iv. infringement of the guarantee of freedom of trade, commerce and intercourse under article 301-138. in the view we have taken the-provisions relating to determination and payment of compensation for compulsory acquisition of the undertaking of the ..... -lending and money-lenders; relief of agricultural indebtedness.32. the parliament and the states have concurrent legislative authority with respect to the following subjects in list iii:entry 33--'trade and commerce in, and the production, supply and distribution of,--(a) the products of any industry where the control of such industry by the union is declared by parliament .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-29-1970
Reported in : AIR1972Bom238; (1972)74BOMLR131; ILR1972Bom317; 1972MhLJ340
..... defendants no. 1. the agreement also provided that for the amount due to the plaintiffs there would be a charge on the trade - mark label of the bidis under which trade mark the defendants marketed their goods.4.upto 29th june 1961, the defendants delivered to the plaintiffs 35,300 bundles of bidis. the ..... value of the goods delivered as 'amount paid', securing the repayment of amount by negative convenant against alienation of property and by creating charge on trade mark tend to show that the dominant purpose of the agreement, ex. 42, is to secure the repayment of a loan advanced with usurious interest and ..... and would not alienate or dispose of moveable and immoveable property or encumber the same; and secondly, the plaintiffs would have a charge on the bidi trade mark used by the defendants no. 1. this clause would show the anxiety of the plaintiffs to secure themselves for the advances made by them to ..... , therefore, hold that it was open to the learned judge to hold in the judgment that the instrument was inadmissible in evidence once it had been marked as an exhibit and admitted in evidence. the supreme court has also so held in the case of javer chand and ors. v. pukhraj surana ..... also held that the agreement ex. 42 was a bond and was not properly stamped. it, however, appears that the said agreement was admitted in evidence, marked as an exhibit and referred to in the examination - in - chief and cross - examination. the trial court further held that the agreement was not .....Tag this Judgment!