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Judgment Search Results Home > Cases Phrase: trade marks Year: 1979 Page 1 of about 1,171 results (0.060 seconds)

Sep 28 1979 (HC)

Vikas Manufacturing Company Vs. Bharaj Manufacturing Company (Regd.) a ...

Court : Punjab and Haryana

Decided on : Sep-28-1979

Reported in : AIR1980P& H127

..... the additional district judge, jullundur, vide his order dated january 10, 1979, and the present appellant was restrained from using the trade mark vemco or any other deceptively similar trade mark of bemco of the respondent, in the manufacture of locks. the appellant was also restrained from using the registred design of ..... 9 of the petition, only one day earlier he had come to know that the appellant' was manufacturing and selling the locks under the trade mark, in question. there being no reply or counter-affidavit, there was no material on the record to sustain the contention of the learned counsel ..... a. r. gangadhara's case (supra), it was held that in case any proceedings for rectification of the register in relation to the trade mark already registered are pending in the high court, the court can pass any appropriate order regarding injunction while staying the proceedings in the suit. a ..... before the registrar under the designs act, but has not been finally disposed of. it was also stressed that a variety of locks under similar trade marks like memco; emco were being manufactured by other manufacturers for a very long time and the respondent has not taken any steps for restraining the ..... pictorial diagram on which those letters were affixed as is clear from the certificate of registration, but the respondent was net specifically using this registered trade mark in the manufacture of his locks or the label on the carton, but only the letters bemco were used. on these premises, it .....

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Mar 16 1979 (HC)

Samperit Aktienge Sellschaft Vs. Synthetic Moulders

Court : Delhi

Decided on : Mar-16-1979

Reported in : 1980RLR104

..... circumstances, it was urged that the petitioners were not entitled to rely upon the said non user. the contention was accepted by the registry of trade marks and the application of the petitioner was rejected. the petitioners filed appeal against that order in the high court. the high court held that the ..... reference here may also be made to case m/s. plaza chemical industries v. kohinoor chemical co. ltd air. 1973 bom 181. in that case a trade mark consisting of a label containing a device of a head of a woman, snow-clad mountain and the word tibet' was registered as from 16th april, ..... learned counsel for the appellant on the question of balance of convenience contended that it was incontrovertible that the face cream bearing the respondent's trade mark and manufactured by it in pakistan was not being imported in this country since some years past and that in those circumstances respondent could not restrain ..... (9) on behalf of the defendants, howover, it was submitted that the plaintiff's combs are not available in india and that the plaintiff's trade mark has become invalid on account of non-user for a period of five years and one month, because the import of plaintiff's combs into india ..... settled that proof of fraud is unnecessary, whether the relief asked for be an injunction or damages, and that it is sufficient that an offending trade mark is calculated or likely to invade the proprietory right. it was held that an action for passing off seeks to protect only the plaintiff's .....

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Oct 19 1979 (HC)

Ellora Industries Vs. Banarsi Das Goela and ors.

Court : Delhi

Decided on : Oct-19-1979

Reported in : AIR1980Delhi254

..... the appeal is dismissed. cross-objections are allowed to this extent that it is held that the defendants-appellants, in addition to infringement of registered trade mark, are also guilty of the tort of passing-off. cross-objections are dismissed in so far as the claim for accounts of profits is concerned ..... position if in fact he has obtained it without the knowledge or consent of the party to whom he owed the duty (kerly law of trade marks 10th ed. p. 344). this principle does not apply here because the plaintiffs were not manufacturing time-pieces.(51) fourthly, there is no ..... the appeal and cross-objections three questions arise for decision. these are : 1. passing off; ii. infringement of trade mark; and iii. enquiry into accounts of profits.(12) 1. passing-off:the purpose of this tort is to protect commercial goodwill; to ensure that people ..... part of their business name.(10) on the evidence produced, by the plaintiffs the learned judge came to the conclusion that the infringement of the trade mark is established. on the question of passing off he was of the view that the plaintiffs were not able to substantiate their case.(11) in ..... hearing evidence and arguments the additional district judge decreed the suit with costs. he granted a permanent injunction in so far as infringement of the registered trade mark was concerned. but the claim for passing off he dismissed. nor did he grant decree for accounts. from his decision the defendants appeal to .....

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Nov 26 1979 (HC)

P.L. Anwar Basha Vs. M. Natarajan

Court : Chennai

Decided on : Nov-26-1979

Reported in : AIR1980Mad56

..... sold in the market only from october 1972. finally he contended that the court has no jurisdiction to entertain the suit as the plaintiff has not registered the trade mark under the trade and merchandise marks. act.4. on these pleadings the following issues were framed by the district judge:-1. whether the plaintiff has acquired a proprietary right to the use of the ..... amendment was allowed. obviously aware of the fact that no person shall be entitled to institute any proceeding to prevent or to recover damages, for the infringement of an unregistered trade mark, the plaintiff originally filed the action against the defendant for passing off' the goods as the goods of the plaintiff. later, when the trademark was registered, he included the prayer ..... defendant are not colourable imitations or similar to the trademarks used by the plaintiff. on the question of jurisdiction, he held that he can entertain the suit as the plaintiffs trade mark has been subsequently registered. he further found that there is no infringement of the trademark used by the plaintiff, and that the defendant has not been passing off his goods ..... any damages is plaintiff entitled? 6. whether this court has no jurisdiction to entertain the suit in its present form? 7. whether the plaintiff has acquired any copyright to the trade mark? 8 to what relief, if any, is the plaintiff entitled? additional issue:-1. whether the subsequent registration secured by, the plaintiff is a ground for sustaining the plaintiff's .....

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Mar 21 1979 (HC)

Bhikusa Yamasa Kshatriya Pvt. Ltd. Vs. Jagannath Bhikusa Kshatriya and ...

Court : Mumbai

Decided on : Mar-21-1979

Reported in : AIR1979Bom302; (1980)82BOMLR239

..... far as clauses (a) and (b) of section 105 of the act are concerned, the same are not applicable to the controversy, for both those clauses deal with registered trade marks and, admittedly, the trade mark in issue is an unregistered one. as far as clause (c) of section 105 is concerned, it specifically deals with passing off action. the terms of clause (c ..... reliefs can be granted under the provisions of the act are enumerated in section 108 of the act and where the infringement action is brought with regard to an unregistered trade mark, presumably, the provisions of section 27(1) to the extent they bar the relief would be of applicative use.8. here, as stated above, the action is neither for infringement ..... partake by themselves into actions for infringement or passing off within the specific contemplation of the provisions of section 105. having not provided any infringement action with regard to unregistered trade mark by section 105(a) and (b), the provisions of section 27(1)would hardly be appropriate to haverelevance for finding forum. section 27(1) is by its nature declaratory in ..... the actions should be founded on the basis of the use by the defendants of any trade marks which are identical or deceptively similar to the plaintiffs' trade marks. in other words, it postulates that with regard to the trade mark in issue, the defendants who are not concerned with the trade mark of theplaintiff are charged with use of the same in a deceitful manner having no .....

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Jul 23 1979 (HC)

Mohan MeakIn Breweries Ltd. Vs. the Scotch Whisky Association

Court : Delhi

Decided on : Jul-23-1979

Reported in : 17(1980)DLT466

..... indian companies act, 1914, manufacturing various types of liquors and having its registered office at solan in himachal pradesh. the appellant filed an application with the trade mark registry seeking registration of a trade-mark consisting of a label, inter alia, portraying in vivid colours the bust of what appears to be a scottish soldier with the words 'highland chief' in ..... class 33 in respect of whisky. the application was accepted by the assistant registrar and advertised in the trade mark journal on october 16, 1964. the scotch whisky association, (hereinafter referred as the respondent), an association incorporated under the english companies act, 1948, having its registered office at ..... the brand name of whisky that the whisky was produced in scotland. these averments stand uncontroverter in the counter affidavit. in the same para of the affidavit, details of trade marks in relation to whisky wholly distilled in scotland and registered in india bearing words 'highland queen'' 'highland queen grand liquor scotch whisky label', and 'highland cream label', all ..... would, thus, follow inferentially that the words 'highland chief' by themselves or because of the presence of the pictorial representation of the highlander on being used as trade mark in respect of appellant's whisky which admittedly is not scotch whisky would be likely to deceive or confuse the unwary purchaser into thinking that the whisky is scotch whisky .....

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Sep 28 1979 (HC)

Vikas Manufacturing Co. Vs. Bharat Manufacturing Co.

Court : Delhi

Decided on : Sep-28-1979

Reported in : 17(1980)DLT30

..... bemco kamal tal' registered under copyright and design acts. alleging that be noticed on 23.11.78, that appellant was infringing his trade mark by using a deceptively similar trade mark (vemco), he sued him on 24.11.78 and also filed an application for interim injunction. the defendant did not file any ..... paragraph 9 of the petition, only, one day earlier he had come to know that the appellant was manufacturing and selling the locks under the trade mark in question. there being no reply or counter affidavit, there was no material on. the record to sustain the contention of the learned counsel ..... ) in a. r. gangadhara's case (supra), it was held that in case any proceedings for rectification of the register in relation to the trade mark already registered are pending in the high court, the court can 'pass any order during proceedings in the suit. a perusal of this judgment clearly ..... also that the label used by him on his cartons was registered on 16.9.78. and that he had applied for registration of his trade mark. the respondent contended that appellant's application for registration had been dismissed in may, 1979 and cancellation of his registration of label (of 16. ..... there is a striking similarity and affinity of sound between the words 'ambal' and 'andal'. regarding the resemblance between the two trade marks, it was held : 'theresemblance between the two marks must be considered with reference to the ear as well as the eye and occular comparison is not always the decisive test. .....

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Dec 14 1979 (HC)

Philips India Limited and ors. Vs. Union of India (Uoi) and ors.

Court : Allahabad

Decided on : Dec-14-1979

Reported in : 1980(6)ELT263(All)

..... business autograph of the owner, amounting to a representation, ind icating the connection in the course of trade between the goods and the person having a right to use the trade mark. the use of a trade mark does not neces sarily nor as a matter of law import that the articles on which it is used ..... 2 (f). the submission made does not appeai to be correct.12. a trade mark is only a sign, device, or mark by which the articles produced are dealt in by a particular person or organisation. the objects of a trade mark are to point out distinctly the orgin or ownership of the article. it is ..... using a trade mark need not be considered to be a manufacturer.13. 'in writ petition no. 3306 of 1958, ..... enough that they are manufactured for him, that they pass through his hands in the course of trade, and that he gives to them the benefit of its reputation or of his name or business style. trade marks and manufacture of goods are two different concepts. they should not be inter mixed, and a person ..... within the second category. as already noted above, the central excise has taken a stand that since the manufacturing and marking of the brand names on the bulbs and fluorescent tubes of the petitioner's trade name, attracts the provisions of section 2 (f) of the act, the petitioner would be deemed to be . .....

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Jan 31 1979 (HC)

Vicco Laboratories, Bombay Vs. Hindustan Rimmer, Delhi

Court : Delhi

Decided on : Jan-31-1979

Reported in : AIR1979Delhi114

..... design giving their address on the carton and tube along with manufacturing license and excise license number and also the retail price,- that the two trade marks 'vicc0' and 'cosmo' are different visually as well as phonetically and no mistake is possible while purchasing the vanishing cream either of the plaintiffs ..... plaintiffs further state that the defendant impugned product is of a recent origin, and if the defendants are not restrained from-carrying on their illegal trade active. ties the plaintiffs would suffer a great hard ship.9. the defendants in their reply state that there is no proper plaint in this ..... of passing off already committed by the defendants they have caused loss and damage to the plaintiffs both in business as well as reputation in trade and that the loss to the plaintiffs' reputation cannot be easily calculated in terms of money, that the defendants have imitated the get-up, ..... there is a strip in yellow colour at the- bottom of the defendants' tube. a specimen of the defendants carton and the tube are marked as exs. c and c-1.8. the plaintiffs allege that the defendants have fraudulently adopted the tube 'and carton which are identical with or ..... office at community centre, phase-ii, ashok vihar, delhi has fraudulently flooded the markets including delhi with imitation cartons and tubes with a view to trade upon the reputation of the. plaintiffs product. the defendants' carton has also a red background and has floral design in yellow colour identical with. the .....

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Aug 20 1979 (HC)

J.N. Electricals (India) Vs. President Electricals

Court : Delhi

Decided on : Aug-20-1979

Reported in : ILR1980Delhi215

..... of the plaintiffs is being sold in the market by the name of 'brownie', but this is not a case for 'passing off' in relation to trade mark. issues nos. 1 and 2 are accordingly decided in favor of the plaintiffs. issue no. 3.(33) this issue presents no difficulty. it is a ..... have to be substantially the same.(25) cave, j. in gordon and munro v. patrick and hili : (1895) vol. 12 reports of patent, design and trade mark cases 22, at page 24(1) gave the following direction to the jury while deciding a case relating to infringement of design : 'gentlemanof the jury: the question ..... and the 'design' does not include any mode or principle of construction or anything which is in substance a mere mechanical device, and does not include any trade mark. thereforee, all that is required to be seen in an action for infringement of design is the 'sameness' of the features of shape, configuration, pattern etc ..... or anything which is in substance a mere mechanical device, and does not include any trade mark as defined in clause (v) of sub-sec. (1) of s. 2 of the trade and marchandise marks act, 1958 or property mark as defined in section 479 of the indian penal code'.(23) section 43 of the ..... infringement of design is that, while the commercial exegencies require that a specific design which is novel and original should be protected, the monopoly of the trade in respect of a common design with no special skill or originality should not be encouraged.' (27) having noticed the test to be applied in .....

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