Court : Mumbai
Decided on : Dec-07-1983
Reported in : 1985(1)BomCR298
..... the trial court for permanent injunction against the present appellants (hereinafter referred to 89 `the defendant no. 1') from manufacturing washing soaps bearing their trade mark or trade mark identical or similar or deceptively similar to the plaintiffs' trade mark and for permanent injunction restraining respondent no. 2 (hereinafter referred to as `the defendant no. 2') from selling such soaps and further ordering ..... appears there form that two figures '88' in two separate circles were used on that bill but a bare look at it shows that those marks look very much different from the plaintiffs' trade mark. further, the trade mark as defendant no. 1 was then using was with the words 'asha shop factory' just above the two figures '88' and below these ..... restrained by a preventive interim injunction and order from selling the said fake goods viz., the products of defendants no. 1 referred to above and bearing such infringing trade mark thereby violating plaintiffs' registered trade mark no. 303948. aggrieved by this order defendant no. 1 preferred the present appeal.4. now, it is no doubt true that defendant no. 1 had ..... themselves, their proprietors, servants and agents be restrained by a preventive interim injunction and order from manufacturing and/or producing for sale of the said washing soaps bearing a trade mark containing letters 'bb' in two circles (each is one circle) or numericals encircled in two circles similar to and/or, identical with and/or deceptively similar to and .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Jun-03-1983
Reported in : AIR1983P& H418
..... bicycle accessories and parts thereof, including pedal axles. it was allowed by the registrar. the plaintiffs then filed a suit for a perpetual injunction restraining them from using the trade mark 'delco' for pedal axles. the contention put forward by the defence before the bench was rejected with the observation that the plaintiff-company till the year 1957 was manufacturing ..... 1957 was also manufacturing and marketing coaster brakes and hubs for bicycles., they claimed that they had acquired world-wide reputation for superior quality of their goods under the trade mark 'delco' which was got registered by them in india as well in he year 1962 for various classes of goods as specified in the registration certificate. their registration ..... 17(b) which disentitles the plaintiffs for claiming its exclusive use. so it was argued, that the plaintiffs have no right to object to the use of the said trade mark by the appellants or to an injunction of the learned counsel are wholly misconceived. the two grounds urged misconceived. the two grounds urged namely that the registration certificate does ..... associated by the public and traders with the goods of the plaintiffs. the defendants being aware of the reputation and goodwill attached to the trade mark 'philips' in order to trade upon their reputation dishonestly adopted the said trade mark for their watches and clocks. it was further asserted that the defendants who were selling watches and clocks under the trademark 'philips' were .....Tag this Judgment!
Court : Delhi
Decided on : May-26-1983
Reported in : 24(1983)DLT237
..... the plaintiffs' fruit salt'. (10) it was urged by mr. anoop singh that even in cases where there is similarity of idea between the registered trade mark and offending trade mark, an action for passing off was maintainable. for this proposition he cited corn products refinding co. v. shangrila food products, : 1scr968 . ..... . anoop singh. his argument was that in balaji chettiar's case (supra) registration was refused because on evidence it was found that the offending trade mark 'surian' had actually led to deception and confusion because of the similarity in the design and get up. he urged that in j .c. ..... of the word prabhat the hindi equivalent of the english word sunlight would cause deception and confusion in the market. reliance was on these very registered trade marks which are the subject-matter of this suit. (9) mr. anoop singh further relied upon j. 0. eno ltd. v. vishnu chemical ..... , learned counsel .for the plaintiff, relied on t.g. balaji chettiar v. hindustan lever ltd., : air1967mad148 . in the said case infringement of trade marks of the present plaintiff by the appellant balaji chettiar, a manufacturer of soaps, was the subject-matter of the appeal. the appellant therein had filed three ..... off and is likely to be passed off as the soap of the plaintiff. it is further submitted that besides infringement of the trade marks, the defendants have marked, designed and labelled their soap suraj with sun device similar in get up so that their soap is passed off as soap of .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-30-1983
Reported in : AIR1984SC5; 1984CriLJ1; 1983(2)Crimes834(SC); (1983)4SCC701; 1SCR176
..... .7. even otherwise in the absence of a specific qualification, if the person complaining has a subsisting interest in the protection of the registered trade mark, his complaint cannot be rejected on the ground that he had no cause of action nor sufficient subsisting interest to file the complaint. m/ ..... learned magistrate to come to the conclusion that the complaint filed by the complainant cannot be entertained because he is not registered owner of the trade mark is clearly erroneous4. section 4 of the crpc, 1973 provides for trial of offences under the indian penal code and other laws, sub-section ..... the aforementioned conclusion may better be extracted in his own words:that complainant who has filed the present complaint is not the holder of the trade marks which is said to have been impugned by the accused, in collaboration with each other. he is only a sub-dealer of m/s ..... it was alleged in the complaint that the principals of the complainant m/s. mangalore ganesh beedies works, mysore are the registered owners of four trade marks in respect of beedies manufactured by them. the name under which beedies manufactured by the principals of the complainant are sold in the market is ..... s. mangalore ganesh beedies works, a partnership firm is the registered owner of trade marks, falsification and infringement of which is complained by the present complainant, who is not only a dealer in these beedies manufactured and sold by .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-19-1983
Reported in : (1987)61CTR(Bom)25; 163ITR606(Bom)
..... an asset of an enduring nature. if know-how has been acquired unrelated to secret or patented processes or the right to use the trade name or trade mark then the acquirer of that know-how - since that phrase was repeatedly used or emphasised would seem to acquire no asset of an enduring ..... , and has decisively indicated that where the know-how is unaccompanied by assignment of patented or secret processes or the right to use the trade name or trade mark or registered designs, the same would be more or less equivalent to technical advice given or information supplied. in other words, in such a ..... to the licensor all rights acquired or held by the licensee into or under the said trade marks or trade names. it was observed by the high court that the various clauses leave no doubt that the agreement was essentially an agreement for access ..... renewal. under clause 3(a), the licensee, that is, the assessee before the court, agreed to discontinue and cease the use of various trade marks and trade names in any form or manner whatsoever and there was a further agreement to deliver the document or documents as may be necessary to reconvey ..... to the technical knowledge and experience commanded by the foreign company and for the consequential right to use the same under the patents and trade marks of that company. it was further observed that the services and information given by the foreign collaborator neither created any capital assets nor was .....Tag this Judgment!
Court : Delhi
Decided on : May-26-1983
Reported in : AIR1983Delhi537; ILR1984Delhi121; 1983RLR631
..... , (for short called meena) allege in the petition to be manufacturing and selling high quality card board match boxes under its well-known trade mark 'rollor'. the trade mark 'roller' is registered and duly protected under the provisions of trade and merchandise marks act, 1958. the card board match boxes as are manufactured and sold by meena are claimed to be distinctive and unique in appearance ..... -1 attached with the affidavit of shri s.maheshwaran dated may 25, 1981. sm-1 is a matchbox made in sweden by j.john master & company ltd., london, with the trade-mark 'ship' as used by wimco. the side panels of this match box contains the identical pattern in rectangular form with multiple diamond-shaped spots with the registered design of wimco ..... the manufacturers using card board fii place of softwood. m/s. thilagraj match works, the other petitioner, (for short called thilagraj) is manufacturing and marketing card board matchboxes bearing the trade mark 'roller' under license arrangement with meena. it is then averred that wimco had made a fraudulent claim before the controller of patents and designs, calcutta, while claiming itself to be ..... mode or principle of construction or anything which is in substance a mere mechanical device, and. does not include any trade mark as defined in clause (v) of sub-section (1) of section 2 of the trade and merchandise marks act, 1958 or property mark as defined in section 479 of the indian penal code.' (6) a proprietor of a new or original design is .....Tag this Judgment!
Court : Delhi
Decided on : Feb-16-1983
Reported in : 23(1983)DLT401
..... a limited registration has been granted to some other manufacturers, so we doubt very much that the plaintiffs have a reputation irrevocably connected with the trade mark. it may be that at the trial such a reputation may be established and the plaintiffs may get a permanent injunction to restrain the defendants ..... it may hardly be doubted that in case the suit of the plaintiffs succeeds, a decree for injunction to restrain the defendants from using the trade-mark 'savera' will be passed in favor of the plaintiffs. the question whether such a relief should be granted at the interim stage before the ..... suit and claiming the interim injunction.3. the learned single judge refused the interim injunction on the ground that the plaintiffs also had no registered trade mark. it was held that there was no prima facie case to grant the injunction.4. the plaintiffs have appealed. we have been taken through ..... interim injunction and we have also been taken through the record of the case. the plaintiffs-appellants claimed that they had been manufacturing soap using the trade mark 'savera' since 18th march, 1976, but this was disputed by the defendants. on the other hand, it was claimed that after an extensive ..... suit pending on the original side of the high court was the issue of a permanent injunction to restrain the defendants from using the impugned trade mark 'savera', we thought an expeditious disposal of the appeal was necessary.2. we have had advantage of the judgment of the learned single judge .....Tag this Judgment!
Court : Delhi
Decided on : Sep-23-1983
Reported in : AIR1984Delhi265; 1984RLR291
..... the plaintiff by way of using deceptively similar cartons and trade-marks. learned counsel for the defendant in this connection relied upon khemraj shrikrishandass v. m/s garg & co. : air1975delhi130 . it was held that action ..... the carton of glucose-d of the defendant and found the latter deceptively similar. it is, thereforee, obvious that there is infringement of the trade-marks and copyrights of the plaintiff. (9) further, it also appears that the defendant is guilty of passing off of his goods as those of ..... as the goods and business of the plaintiffs. (7) the plaintiffs have placed on record photostat copies of the certificate of registration of the trade mark as well as copyright. the plaintiffs have further placed on record a a carton (at page 55 of the documents file) in which the ..... glucose and glucon-d. the products are the same while different types of rights are claimed. the plaintiffs claim rights as proprietor of registered trade mark as well as copyright with respect to the carton of the same very product. not only that the plaintiffs could combine these causes of ..... goods as those of the plaintiffs. plaintiffs applied for interim injunction placing on record documents showing that they are registered owners and users of the trade mark and copyright in question. deft. made an application saying that delhi courts had no jurisdiction. after giving details, single judge disposed of the 2 .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-06-1983
Reported in : AIR1984Bom281
..... ciplamina deceptively similar to complamina? such is the essential nature of the controversy before us.2. the appellants carry on preparations. on of their trade marks is complamina registered on 5th may 1960 for a medicinal and pharmaceutical preparation which according to the appellant's sold in india since 1966 in ..... the most important'. as there is a 'tendency of person using the english language to slur the termination of words'. (kerly's law of trade marks, 11th ed. page 416). in re; bayer products, (1947) 64 rpc 125, it was held that 'diasil' and 'alasil' were ..... 1scr968 , where holding that 'glucovita' and 'gluvita' were deceptively similar, it was observed that overall structural and phonetic similarity in the 2 marks must be considered, the matter being one of first impression from the point of view of a person of average intelligence and imperfect recollection.5. we ..... was totally unwarranted. accounting to mr. tuzapurkar, the learned single judge had adopted a microscopic method of approach instead of considering the totality of marks and thereby did not apply the correct principles of comarison. reliance was placed on re; bailey (1935) 52 rpc 136, where it was ..... the 1st respondent-company (referred to hereafter as 'the respondents') who carry on like business, filed an application for registration in their name the mark ciplamina proposed to be used by them in part a class 5 in respect of pharmaceutical and medicinal preparation. the appellants filed their notice of .....Tag this Judgment!
Court : Delhi
Decided on : Apr-04-1983
Reported in : 23(1983)DLT423
..... to be correct. (4) in a case under passing off, the plaintiffs have to prove (1) that they have acquired a sort of secondary trade mark or a quasi-proprietary right to the exclusive use of the get up or the title, that is they are the owner of a reputation and ..... loss, and confirmed the exparte injunction. hence, this appeal. (3) i have heard the learned counsel for the parties. there is no infringement of the trade mark. some chapters of the offending book are ^ shown to be similar to those of the plaintiffs' book but their earlier editions do not have the same ..... defendants diamond publications brought out in the market a rival book entitled 'diamond' english speaking coune. the plaintiffs complained that the defendants have infringed the trade mark and copyright of the plaintiffs. they have also copied the scheme of presentation of the text matter of the said publication of the plaintiffs. the ..... bhandar and pustak mahal. the plaintiffs got it registered in 1976 under the copyright act, 1957 and also got the trade mark rapidex registered in december, 1977 under the trade and merchandize marks act, 1958. they spent 6 to 8 lakhs of rupees by way of advertisement and publicity over it and their ..... defendants shall be passed off or is likely to be passed off as that of the plaintiffs' production considering the type of customers and the trade concerned with it. the defendants' profits are the plaintiffs' losses apart from the loss in reputation which cannot be ascertained in terms of money. .....Tag this Judgment!