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Judgment Search Results Home > Cases Phrase: trade marks Year: 1985 Page 1 of about 1,602 results (0.062 seconds)

Jan 23 1985 (HC)

Bata India Limited Vs. Pyare Lal and Co., Meerut City and ors.

Court : Allahabad

Decided on : Jan-23-1985

Reported in : AIR1985All242

..... obtained registration of the name 'bata' in all major indian languages and also got it registered in english language in capital letters. apart from the above registered trade mark, the plaintiff-company had also a trade mark 'bsc (standing for bata shoe company) and its registration number is 270102. 'bata is put on all goods produced by the company as well as cartons ..... respondents cited the following decisions : the first case cited is thomas bear & sons v. prayag narain . the appeal arose out of an action brought to restrain infringement of trade mark rights and passing off. the appellants were manufacturers and sellers of cigarettes and of tobacco described as 'virginia bird's eyes' smoked in pipes. these goods were sold in india ..... of the district judge with the relief mentioned earlier. 6. the defendants denied all the allegations in the plaint and alleged that the name of 'bata' was registered under the trade marks act, 1940 in respect of canvas, rubber, leather shoes, rubber monlith (foot-wear) rubber heels, rubber sole, rubber plates, leather soles, half soles, wooden heels, heels, socks and ..... registered in the office of the registrar of assurance, calcutta, asserting its exclusive right to the user of the sole name 'bata'. after the enactment of the trade marks act, 1940, the plaintiff-company registered its trade mark 'bata' in respect of several types of goods including canvas, rubber, rubber plates, leather shoes, rubber monlith etc., included in cl. 55 of the fourth .....

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Oct 16 1985 (HC)

Progro Pharmaceuticals (P) Ltd., Madras Vs. Deputy Registrar of Trade ...

Court : Chennai

Decided on : Oct-16-1985

Reported in : AIR1986Mad282

..... need to refer to that section.7. learned counsel for respondents 1 and 2 adverts to the decision in jackson and co. v. napper, 1887 reports of patent design and trade mark cases, vol. iv no. 2, page 45, claiming that petitioner should go to civil court, but when power to condone defect is available in the act itself, and as first ..... advertised in the journal no. 849 dt. 16-10-1984 at page no. 478. third respondent claims to be the adoptee of the trade mark 'helmizol' from july 1982, and filed its opposition in form no. tm 5 to the first respondent under s. 21 of central act 43 of 1958 (hereinafter called as the .....

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Sep 30 1985 (SC)

American Home Products Corporation Vs. Mac Laboratories Pvt. Ltd. and ...

Court : Supreme Court of India

Decided on : Sep-30-1985

Reported in : AIR1986SC137; 1985(2)SCALE933; (1986)1SCC465; [1985]Supp3SCR264

..... mentioned earlier. these submissions define the scope of the controversy between the parties. the submissions so substituted were:(i) that the said trade mark 'dristan' was not distinctive mark and/or was not registerable trade mark under section6 of the trade marks act, 1940(corresponding to section 9 of act no. 40 of 1958), except upon evidence of its distinctiveness and no such ..... sets out the acts which do not constitute an infringement of the right to the use of a registered trade mark. under section 36, a registered proprietor of a trade mark has the power to assign the trade mark. under section 37, a trade mark is assignable and transmissible whether with or without the goodwill of the business concerned and that in respect either ..... the correctness of the rival submissions advanced before us, it is now necessary to refer to the relevant statutory provisions.13. the first legislation in india relating to trade marks was the trade marks act, 1940(act no. v of 1940), hereinafter referred to as 'the 1940 act'. the 1940 act was repealed and replaced with effect from november 25, ..... ' for the treatment of respiratory ailments in the form of a decongestant tablet for symptomatic relief for cold and congestion. the appellant got the trade mark 'dristan registered as a distinctive trade mark in the trade marks register in the united states and subsequently thereto between 1957 to 1961 in about 39 other foreign countries. these countries included great britain, ireland, belgium, .....

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Oct 08 1985 (HC)

Silver Audio Systems Vs. Associated Electronic and Electrical Industri ...

Court : Karnataka

Decided on : Oct-08-1985

Reported in : ILR1986KAR217

..... accused has claimed his ownership over the goods seized from his possession. he has also maintained that those goods were manufactured by him under the trade mark 'sharp.' in these circumstances the question of identification of the goods seized at the time of the enquiry or trial would not arise. the description ..... filed by the complainant, since the 1st accused has admitted in unequivocal terms that the goods seized were manufactured by him by using the trade mark 'sharp' and as such the question of identification of the goods seized would not arise and that no irreparable loss or injury would be ..... interim custody to the person from whose possession they were seized ; that there are number of civil suits between the parties relating to the trade mark and of its user, involving complicated questions of civil rights which show that the disputes between the parties were of a civil nature and do ..... dated 29-6-1983 as a going concern meaning thereby the user of the trade mark 'sharp' honestly and concurrently which was used by electronic industrial corporation before it was taken over by the 1st accused ; that the allegations ..... accused, in the course of his arguments, contended that the material placed before the court below discloses that electronic industrial corporation was using the trade mark 'sharp' since 1971 to the knowledge of the complainant and the said firm has been taken over by the 1st accused under an agreement .....

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Mar 04 1985 (HC)

Elofic Industries (India) Vs. Steel Bird Industries and ors.

Court : Delhi

Decided on : Mar-04-1985

Reported in : AIR1985Delhi258; 1987(2)ARBLR29(Delhi)

..... of internal combustion engines on the various grounds, but the learned registrar under no circumstances can deprive the defendants of their right to use the carton of 'steel bird' trade mark which they are continuously using since 1964. unfortunately this aspect has not been gone into by the registrar. on the other hand learned counsel for the defendants has rightly placed ..... magazine entitled 'motor tractors' where the plaintiff's advertisement also appeared and they never took any action; that the defendants also adopted the use of the trade mark 'steel bird' prior to the use of the trade mark 'elofic' by the plaintiff: that the plaintiff has deliberately concealed the fact relating to the opposition filed by the defendants to the application in class ..... in respect of filters for the use in automobile enables and on the opposition of the. plaintiff the defendant's trademark was disallowed by the order of the registrar of trade marks dated 16-6-1982. on the. basis of these averments the plaintiff filed the suit proving for the issuance of a perpetual injunction restraining the defendants, their servants, agents, ..... combustion engines; that the said registration is the main basis of their suit; that the defendant has. filed the written statement and has challenged the validity o{ the said registered trade mark ; that the defendant honestly and bona fide adopted the trademark' 'steel bird' in the year 1964 and has been using the same continuously and extensively; that the defendant is .....

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May 31 1985 (HC)

Richardson-vicks Incorporation and anr. Vs. Medico Laboratories

Court : Delhi

Decided on : May-31-1985

Reported in : 1988(1)ARBLR6(Delhi); 1985(1)Crimes1122; 28(1985)DLT166

..... disclaimer of word 'action' and numeral '500' ; that this court has no territorial jurisdiction to entertain the present suit and the application ; that even otherwise the trade mark 'vicks action 500' and the trade mark 'power 555' are distinctive and different in all respects i.e. phonetically, visually and otherwise, the details of which are given in the application under order 39 ..... chance of passing off any goods or medicines of the defendants bearing the trade mark '555' for the product 'vick.s action 500' of the plaintiff; the defendants are the originator, author and owner of the artistic design of 'power 555' and ..... owner. the plaintiffs have never advertised their product by using the slogan 'double power vicks 500' since july, 1981 as alleged. in fact the defendants have honestly adopted the trade mark 'power 555' for its medicinal preparations since january 1982 and have obtained the necessary permission and use the same openly, extensively, continuously and un-interruptedly ; that there is no ..... and 'colds medicine' in blue print. the strips also contain yellow unique shaped tablets. plaintiff no. 2 has been permitted by plaintiff no. i to use the said registered trade mark subject to the supervision and control of the standards prescribed by plaintiff no. 1. the plaintiff no. 2 has been extensively and exclusively marketing, offering for sale the said product .....

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Sep 30 1985 (SC)

Joint Secretary to the Government of India and ors. Vs. Food Specialit ...

Court : Supreme Court of India

Decided on : Sep-30-1985

Reported in : AIR1986SC685; (1985)3CompLJ375(SC); 1986(8)ECC145; 1985(5)LC2186(SC); 1985(22)ELT324(SC); 1985(2)SCALE667; (1985)4SCC516; [1985]Supp3SCR165; 1985(17)LC1095(SC)

..... goods for the purpose of levy of excise duty.6. we are satisfied upon the particular facts of this case that the value of nestle's trade marks cannot be added to the wholesale price charged by the respondent to nestle's for the purpose of computing the value of the goods manufactured by ..... at factory stipulated under the agreements with nestle's. what are sold and supplied by the respondent are goods manufactured by it with the trade marks affixed to them and it is the whole sale price of such goods that must determine the value for the purpose of assessment of excise duty. ..... the appeal must fail.5. it may be noticed that the respondent manufactures the goods according to the specifications supplied by nestle's and affixes the trade marks of nestle's on the goods and supplies the same to nestle's at a wholesale price free on rail at moga or free on lorry ..... of the products was determined under the agreements free on rail at moga or free on lory at factory. the respondent enjoyed no interest in the trade marks and labels and undertook not to sell any of those products to any person other than nestle's.3. the products manufactured by the respondent were ..... 'nestle's') sweetened condensed milk, soluble coffee, baby milk food, milk powders and infant cereal foods for sale in india by nestle's under certain trade-marks in respect of which the latter was registered as the sole registered user in india. the agreement stipulated that the respondent would manufacture the goods and supply .....

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Sep 27 1985 (SC)

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

Court : Supreme Court of India

Decided on : Sep-27-1985

Reported in : AIR1986SC281; 1986(8)ECC45; 1985(5)LC2005(SC); 1985(22)ELT302(SC); 1985(2)SCALE770; (1985)4SCC535; [1985]Supp3SCR95

..... which are found to conform to the specifications or standard stipulated by the buyer. all goods not approved by the buyer cannot bear those trade-marks and are disposed of by the sellers without the advantage of those trade-marks. the trade marks are affixed only after the goods have been approved by the buyer for sale by the seller to the buyer. the seller owns ..... epoxy resins. the trade-mark concerned was araldits.3. the respondent filed a declaration for the purposes of the levy of excise under the central excises and salt act, 1944 showing the wholesale prices of ..... for the explicit purpose of fulfilling the seller's obligations under the first agreement. the buyer reserved the right to revoke the authority given to the seller to affix the trade-mark. a similar tripartite agreement was executed between the three parties on december 1, 1973 in respect of the second agreement between the buyers and the seller, namely, that relating to ..... resins and the terms of the agreement were similar to the terms of the earlier agreement. it was understood that the products manufactured under the two agreement would bear certain trade marks which were the property of the foreign company, ciba geigy of basle. in this connection, on december 7, 1971 a tripartite agreement was executed between the buyer the seller, and .....

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Jan 31 1985 (HC)

Sandoz Limited and anr. Vs. Pharmaceutical and Chemical Industries and ...

Court : Delhi

Decided on : Jan-31-1985

Reported in : 28(1985)DLT222

..... plaintiff's business, when the prima facie case and balance of convenience lies in the grant of such an injunction. gazipur chemical works and others v. the deputy registrar of trade marks and others, : air1979cal238 was an appeal case against the order of the deputy registrar and it was observed that normally the order should not be interfered with unless he had ..... the present appeal was filed in september, 1983. (14) reference is made to a chancery division case in the matter of the norton company xxxvi report of patent, design, and trade mark cases, 153 but that was a case of appeal against the order of the registrar and the court entertained new evidence. as regards the delay, reliance was placed upon synthetic ..... inordinate delay of several years before the plaintiffs have sought interim injunction against them. it is pointed out that although the defendants moved their second application for registration of the trade mark before the registrar which is pending, within about a month of the rejection of their first application, the plaintiffs served a legal notice on the defendants in jaunary, 1979, and ..... . (6) the trial court stayed the suit under section 111 of the act to enable the respondent to move the high court for rectification of the registration of the plaintiffs' trade mark. a petition in that direction has already been moved, and is pending. the trial court has, however, declined to grant interim injunction in favor of the plaintiffs, restraining the defendants .....

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Jan 08 1985 (FN)

Park N' Fly Inc. Vs. Dollar Park and Fly, Inc.

Court : US Supreme Court

Decided on : Jan-08-1985

..... that long-continued usage have acquired that special status which entitles them to be protected in their secondary meaning sense." "therefore, to call these marks improperly registered trade-marks is, i believe, a misnomer." "now, if you look at the problem from that point of view, you will see that the ..... senate committee on patents, 78th cong., 2d sess., 21 (1944) (statements of rep. lanham); id. at 21, 112 (testimony of daptane robert, aba committee on trade mark legislation); hearings on h.r. 102, h.r. 5461, and s. 895, supra, at 73 (statements of rep. lanham). [ footnote 2/8 ] this ..... be informed by the legislative purposes that motivated the enactment of the lanham act. [ footnote 2/16 ] congress enacted the lanham act "to secure trade-mark owners in the goodwill which they have built up." [ footnote 2/17 ] but without a showing of secondary meaning, there is no basis ..... more or less obviated. i believe personally that they are completely obviated, but as to nontechnical trademarks and only a very carefully circumscribed number of trade-marks will be entitled to that protection. [ footnote 2/11 ]" the record in this case demonstrates that professor handler's concern was justified, and ..... of the u.s. dept. of justice). this result, the department of justice observed, would "go beyond existing law in conferring unprecedented rights on trade-mark owners," and would undesirably create an exclusive right to use language that is descriptive of a product. id. at 60; see also hearings on h. .....

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