Court : Delhi
Decided on : Apr-03-1984
Reported in : AIR1985Delhi336; 26(1984)DLT355
..... has not been estabilshed.' it is put at greater length by the court is the case of jackson vs. needle, which was decided just after the patents, designs and trade marks act, 1883 where both baggallay, l. j. and cotton, l. j. state that, where it is a new patent, or a recent patent, the court is ..... the plaintiffs is of a very recent date. in case of a recent monopoly which is seriously . disputed on various grounds such as prior publication, lack of originality trade variation etc. it will not be proper to grant an injunction. there is a serious question to be agued as to whether the design is valid or not, ..... the second place, it is said that there is nothing 'new and original' in the plaintiffs' design because such a design was already known to the trade. thirdly, it is said that the defendants had brought out a gas cooking range somewhat smaller in size as early as january, 1983 with 1st ..... mark from which the plaintiffs took the idea and improved upon it in bringing out their kitchenette. fourthly, it is said that the registered design was re- ..... advertised at page 120 their product known as 'gas and grill'. it is said that kitchenette is only a trade variant of the various models of gas stoves manufactured in japan and india which were well known to the trade. the application for registration, as i have said, was made on april 11, 1983 and the issue of .....Tag this Judgment!
Court : Delhi
Decided on : Oct-10-1984
Reported in : ILR1985Delhi960
..... . 113682 in class 3 in the name of the ganesh flour mills company ltd. according to the learned coirnsel, the advertisement of the plaintiff's trade mark in the trade marks journal ex. dwi 19 is identical with the trade mark already registered in the name' of the ganesh flour mills co. ltd. and the plaintiff himself is being immitator cannot be allowed to have the ..... , the case of action in part can be said to have arisen in favor of the plaintiff in delhi by the publication of the advertisement of the defendant's mark in the trade marks journal and accordingly they are entitled to maintain the suit.(13) as a result of the above discussion, i hold that the delhi courts have territorial jurisdiction to entertain ..... . it is an admitted case uf the defendants that not only the plaintiff but they also applied for the registration of their respective trade marks before the trade mark registry at new delhi. both the parties challenged the registration of the trade mark before the copyright board. those proceedings have since been stayed, awaiting the decision of this court as to who is the proprietor of ..... court. learned counsel also submit that the plaintiff cannot take advantage of the issuance of the certificate to the defendant under the copyright act or the publication of the mark in the trade marks journal as the only office which could issue such like certificate is the delhi office governing the slate falling under the northern part of india.(8) as per the .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-03-1984
Reported in : 1985(1)BomCR423
..... goods manufactured by the respondents. the respondents, in order to safeguard the interest in the trade mark of the respondents have diligently taken all possible legal steps against infringement of the mark. the mark was deposited with the registrar of trade marks under section 85 of the trade marks act, 1940. the trade mark was duly registered under application no. 91882 on january 28, 1944. the respondents also claimed ..... , he tried to seek clarification from a number of stationary dealers in bombay but to his utter disappointment, none could give him satisfactory reply as to how the identical trade mark was used by both the concerns. oza claimed that being unable to tolerate the mental turmoil caused by this confusion, puzzle and doubt, he had taken the course of ..... rpc 32 in my judgment, the assistant registrar should not have declined to exercise the discretion merely on the ground that the petitioners had prior knowledge of the respondent's trade mark. shri mehta in this connection also pointed out that shri s.r. bhattacharjee clearly stated in his affidavit dated september 3, 1975 that at the time of the ..... nai sarak, delhi was also filed. shri khanna stated that his firm has big business in carbon papers, typewriter ribbons, stencils for duplicating machines, duplicating ink etc. bearing the trade mark 'typist girl' of the petitioners company since the year 1959. shri khanna claims that many small dealers and consumers of the aforesaid goods visit his shop and ask for the .....Tag this Judgment!
Court : Orissa
Decided on : Feb-06-1984
Reported in : AIR1984Ori91
..... be upheld. further, on scrutinising the pleadings i find that they suffer from insufficient particulars. although a long list of goods in respect of the trade mark 'h.m.v.' is noted in para-3 of the injunction petition, para-2 of the affidavit of monisha lahiri and para-4 of the ..... passing off action whether the relief asked for was injunction alone or unjunction, accounts and damages and that if there was a likelihood of the offending trade mark invading the proprietary right, a case for injunction was made out. the case involved two rival manufacturers of textiles. in m. a. 93 of ..... millington v. fox, (1838) 3 my & cr 338 held that it wag immaterial whether the defendant had been fraudulent or not in using the plaintiffs 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 ..... no. 2 is the licensed user in india of the aforesaid trade mark. the trade mark 'h.m.v.' along with a logo is the house mark of plaintiff no. 2 and appears on all their goods, letterheads, packing materials, invoices, bills, pamphlets, literature and ..... the goods manufactured by them enjoy excellent reputation all over the world including india. plaintiff no. 1 is the registered proprietor in india of the trade mark--'h.m.v.' since 1943 in respect of the goods described in para 4 of the plaint and para 3 of the injunction petition. plaintiff .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-09-1984
Reported in : AIR1985Bom306
..... susceptibilities of any class or section of the citizens of india ; or (e) which would otherwise be disentitled to protection in a court. shall not be registered as a trade mark'.the mark though satisfies the requirement of s. 9 cannot be registered if any of the prohibitions under s. 11 are attracted. the prohibition contained in s. 11(e) of the ..... disclaimer in respect of flower design and the word 'majmua', either separately or together, the exclusive right, which is conferred on respondent 1 by the registration of the trade mark is only in respect of numeral 96. shri tulzapurkar submits that numeral 96 had direct reference to the character and quality of the goods and has not acquired distinctiveness and ..... in response to the complaint of respondent 1. respondent 1 ultimately filed complaint before the metropolitan magistrate about the violation of the trade mark. the metropolitan magistrate directed the police authorities to make inquires and on june 23, 1975 the premises of the petitioners were raided and certain goods bearing the label which ..... 1 for passing of perfumes manufactured by them. respondent 1 received complaints from their foreign customers as well as customers from bombay complaining that spurious perfumes were sold under the trade mark of respondent 1. respondent 1 thereupon lodged complaint against petitioner-firm before the export promotion council, but the petitioner firm failed to answer the inquiries made by the council .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-15-1984
Reported in : AIR1985Bom327; 1984(2)BomCR660
..... 1956 exceeded rs. 30 crores. their publicity is widespread and large. in 1956 they spent over a million rupees on advertisements. the goods in respect of which they use the trade mark 'caltex' are mainly petroleum, kerosene and lubricants like greases and oils etc. the goods in respect of which the applicant seeks registration are mainly watches. the class of goods in ..... of 100 registrations in japan covering all classes of goods and has also been registered in more than 160 countries all over the world in respect of electronic goods. the trade mark 'sony' was first introduced in india in the year 1955 and it has been continuously used eve since that time in respect of radio apparatus with transistors and parts thereof ..... ' of the register and the goods were amended to read as 'nail polish for sale in the city of greater bombay'. the amended application was advertised before acceptance in the trade marks journal no. 571 dt. mar. 16, 1973. on july 10, 1973, the petitioners, a joint stock company of japan, filed notice of opposition on various grounds. it was claimed that ..... , 1958 (hereinafter referred to as 'the act') to challenge the legality of the order dt. aug. 30, 1976 passed by the assistant registrar of trade mark granting the application of the respondents for registration of a trade mark consisting of a rectangular label with the word 'sony' appearing in the upper portion of the rectangle, letter 'm' in small circle in the middle portion .....Tag this Judgment!
Court : Karnataka
Decided on : Dec-11-1984
Reported in : ILR1985KAR1093; 1985(1)KarLJ340
..... does, however, facilitate a remedy which may be enforced and obtained throughout the state and it established the record of facts affecting the right to the mark. registration itself does not create a trade mark. the trade mark exists independently of the registration which merely affords further protection under the statute. common law rights are left wholly un-affected. priority in adoption and use of ..... bangalore but they may affect thisestablished market in anekal and hosur also. this is a relevant consideration for granting an injunction, since the plaintiff has got proprietary right in the trade mark.19. for the foregoing reasons, i am of the opinion that the injunction granted by the court below is quite legal and just and it does not call for interference ..... damage or fraud is unnecessary in a passing off action whether the relief asked for his injunction alone or injunction, accounts and damages. if there is likelihood of the offending trade mark invading the proprietary right, a case for injunction is made out. we are fortified in coming to this conclusion by the observations in a bench decision of this court in ..... to those of the plaintiff that a purchaser might infer a common origin, and where goods such as chaff-cutting knives which are otherwise in all respects similar, also bear trade marks which are in material respects similar, the possibility of such an inference or of deception is obviously very clear. it is well settled that an action for passing off lies .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Aug-01-1984
Reported in : AIR1985P& H43
..... threads manufactured by it in accordance with the specifications and standards of quality laid down by the company. when the defendants learnt that the plaintiff was using the trade mark deceptively similar to the trade mark of j & p coats ltd., they requested the plaintiff to stop such misuse so as to ensure that no infringement was committed by a third party in ..... unjustifiable. under the circumstances, the proper issue should have been whether the threats given by the defendants were justifiable or not as observed earlier, the question of infringement of the trade mark right of the defendants by the plaintiff did not arise because that would have arisen only if the damages would have been claimed. simply because the plaintiff immediately after the ..... or is not the registered proprietor or the registered user of the trade mark bring a suit against the first-mentioned person and may obtain a declaration to the effect that the threats are unjustifiable, and an injunction against the continuance of the threats ..... 5. section 120 of the act reads:-'120 (1) where a person by means of circulars, advertisements or otherwise, threatens person with an action or proceeding for infringement of a trade mark which is registered, or alleged by the first-mentioned person to be registered, or with some other like proceeding, a person aggrieved may, whether the person making the threat is .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Mar-22-1984
Reported in : AIR1984P& H430
..... similarly, medicines manufactured by the concern manufacturing 'belplex' can be sold as having been manufactured by the company of 'beplex'. to avoid this confusion, the registration of the trade-marks is provided and the violation of the same cannot be permitted.18. for the reasons recorded above, we disagree with the court below and after reversing its finding, hold that ..... court on the finding that phonetically and visually there was similarity between 'ciba' and 'cibol'. 'ciba' is a big medicine manufacturing concern and manufactures several medicines under the trade-mark of 'ciba'. those medicines are generally sold on the prescription of doctors. that case very much helps the plaintiff. therefore, once the two names are deceptively similar, whether ..... whether 'beplex' or 'belplex'. the prescription of the doctor prescribing 'beplex' can be mistakingly read as 'belplex' by the chemist. sometimes even the chemist can sell medicines with trade mark of 'belplex' in spite of the prescription for 'beplex' and the customer may not be able to know the fine distinction. moreover, in the present case, we are more ..... 11. the facts in f. hoffimann-la roche's case (supra) were that a medicine concern got 'protovit' registered as its trade-mark, and another concern wanted to have 'dropovit' as its trade-mark. it was held that both the trade-marks were visually and phonetically dissimilar. in the judgment, the dissimilarity has been demonstrated. it was specifically held that letters 'p' and .....Tag this Judgment!
Court : Delhi
Decided on : Nov-12-1984
Reported in : AIR1985Delhi210; 27(1985)DLT120
..... ). at p. 218 lord searman said : 'the tort is no longer anchored, as in its early nineteenth century formulation, to the name or trade-mark of a product or business. it is wide enough to encompass other descriptive material, such as slogans or visual images which radio, television or newspaper ..... they limit the plaintiffs' capacity in respect of their other products. there was some debate before us whether the plaintiffs are manufacturing bells under the trade mark 'b.k' whether they are or they are not, is a matter which remains to be established at the trial. but one thing is ..... letters have become associated with their goods. they have been in the manufacturing line mnee 1^71. in 1981 the defendants started manufacturing bells with the trade mark 'b.k.-81'. in my opinion this is prima facie a case of injury to the plaintiffs' business goodwill. (spalding (supra) per lord ..... 1981 and the plaintiffs much earlier. what is disputed by the defendants is that the plaintiffs do not manufacture bells under the trade mark 'b.k.'. it is asserted that the plaintiffs .trade marks are crown and venus and not 'b.k.' modem character of the tort: an expanded passing-off. (11) the ..... judge recorded the statement of manmohan singh, a partner of the defendant firm. he admitted that the plaintiffs have been selling cycle bells under the trade marks crown and venus. immediately the judge appointed a local commissioner who, accompanied by the parties, went to the market on that very day. the commissioner .....Tag this Judgment!