Court : Mumbai
Decided on : Apr-12-1990
Reported in : AIR1991Bom76; 1990(3)BomCR379
..... should also look at the class of customers who are likely to buy these goods. , the appellants in this connection pointed out that the trade marks of the 1st respondents were used in connection with laundry blue which could be purchased across the counter, while their colours were designed for industrial ..... a likelihood that this bird is being mistaken or accepted as an eagle, that possibility is itself sufficient to entitle the registrar to say that 'this trade mark is likely to deceive or cause confusion'. this reasoning was upheld by the supreme court when the case went in appeal before the supreme court, : ..... of ordinary intelligence as an eagle, and, as we said before, whether, if he asked for eagle goods and he got goods bearing this trade mark of the respondents, he would reject them saying, 'this cannot be an eagle; i asked for eagle goods and the bird i see before ..... written on either side of the two birds -- 'bul' on one side and 'bul' on the other side. trade mark the word mark 'bul bul' is already registered. as against this, the registered trade mark of the 1st respondent consists of the picture of a single bird sitting on a twig with the words 'robin ..... its bottom. the registration was applied for in respect of goods falling in cl. (2) viz. colours. the appellants applied for the registration of this trade mark for the states of maharashtra, gujarat, karnataka, kerala, tamil nadu and the union territory of delhi. the appellants are now willing to restrict the registration .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-19-1990
Reported in : AIR1991Bom111; 1990(3)BomCR452
..... of cosmetics and toilet preparations. the petitioner no. 1 company are generally known as colgate-palmolive and the products are sold under various trade marks, word marks, label marks and as well as device marks which have been registered as trade marks in several countries of the world including india. the petitioner no. 1 company till the year 1949 were exporting to india colgate ..... a person who is for the time being registered as such under s. 49 and expression 'permitted use' in relation to a registered trade mark means the use of the trade mark by a registered user of the trade mark in relation to goods for which he is registered as registered user. s.48, inter-alia, prescribes that the person other than the ..... application for registration shall not be entertained unless the agreement between the proprietor and the registered user complies with the conditions laid down in the rules for preventing trafficking in trade marks. it is, therefore, obvious that while examining whether the registrationwould affect the interest of general public, the central government must restrict the enquiry to the effect on ..... of indigenous industry' are not the magic words and the central government must support the conclusion by requisite material. it must be remembered that petitioner no. 2 are users of trade marks 'colgate' and 'palmolive' for last over several years. initially, the products manufactured by petitioner no. 1 were imported in this country and subsequently, petitioner no. 2 are .....Tag this Judgment!
Court : Delhi
Decided on : Dec-04-1990
Reported in : AIR1992Delhi4; 1992(22)DRJ24
..... hold good while dealing with cases of infringement of the above statutory right and normally delay in seeking relief might, not non suit the proprietor of the registered trade mark. similar view was expressed in hindustan pencils pvt. ltd. v. m/s. india stationery products co. ltd., : air1990delhi19 .18. so, i come ..... which would lead to some confusion in the minds of the purchasers who have since long practice associated the goods of the plaintiff under the trade mark 'cock'. it is to be emphasized here that in the plaint the plaintiff has not sought any injunction against the defendants restraining them from ..... the same distinguishing or essential features or conveys the same idea, then ordinarily the registrar is right if he comes to the conclusion that the trade mark should not be registered. it was observed that the real question is as to how a purchaser who must be looked upon as an ..... been brought to my notice by the learned counsel for the defendants. hence, i hold that the plaintiff, prima facie, has become proprietor of the trade mark in question and thus, has locus standi to file this suit seeking injunction against the defendants. 8. the learned counsel for the defendants has then ..... is that the plaintiff has no locus standi to file the present suit inasmuch as the plaintiff has not acquired any proprietary rights in the said trade mark and the cartons. there appears to be no merit, prima, facie, in this contention of the learned counsel for the defendants. the plaintiff .....Tag this Judgment!
Court : Chennai
Decided on : Aug-27-1990
Reported in : AIR1991Mad277
..... trial, and not at the present; stage.10. it is more important to note that the defendants have not disputed the factum of registration of the plaintiffs' trade-mark 'amrutanjan' in the trade-mark registry at madras, long back and that the plaintiffs have been manufacturing the said product from madras and marketing the same in various parts of the country for ..... the jurisdiction of this court.4. in paragraph 4 of the plaint it has been averred that the plaintiffs have duly registered their aforesaid trade mark' amrutanj an' under the trade marks act, 1940, corresponding to the trade and merchandise marks act, 1958 as evidenced by document no. 1 filed along with the plaint, which registration is being renewed from time to time, their ..... which each of the office of the registry shall exercise its functions are also defined, even though the original registration was done at a different place for the plaintiffs' trade mark, since madras happens to be one of its branches having independent territorial jurisdiction regarding the powers conferred under the act and there cannot be any doubt that the plaintiffs' ..... suit. the defendants plead further in paragraph 7 of the written statement that in or about the year 1977, the defendants bona fide,, and honestly adopted a trade-mark label, 'ashw1ns' from their trading style, 'ashwin fine chemicals and pharmaceuti-cals' and have been using the same continuously, voluminously and extensively in the state of maharashtra, and that since the defendants .....Tag this Judgment!
Court : Delhi
Decided on : Jul-24-1990
Reported in : 1991(1)ARBLR24(Delhi); 42(1990)DLT640; 1991(20)DRJ35; 1990RLR381
..... court stated above is not applicable to the facts of the present case. in the said case an appeal has been filed under the provisions of trade and merchandise marks act seeking concurrent registration of the trade mark. such is not the case here. even otherwise, the facts do not show prima fade that the defendants have any concurrent user of the trademark in ..... such delay, the same, in my opinion, is not fatal to the maintainability of this suit.(6) learned counsel for the defendants has contended that defendants have been using the trade mark in question binately and concurrently and thus no injunction could be granted against them and he has sought support from m/s. wattan singh and sons v. the registrar of ..... the public all over the world as the best of its kind. it is also averred that plaintiff no. 2 is the registered proprietor of the trade mark 'jontue' in a characteristic style under the trade mark no.306483 in class 3 since june 25, 1975 and that the application of the plaintiff no 2 filed since 1985 for getting style wise written word ..... manufacturing, selling, offering for sale and distributing talcum powders and other cosmetics goods falling in class 3 and thereby infringing plaintiffs registered trade mark 'jontue' or any mark deceptively similar to the plaintiff no. 2's registered trade mark and using the said offending mark 'jontue' on talcum powder and to pass of their goods as those of plaintiffs' goods. some other reliefs are also sought .....Tag this Judgment!
Court : Mumbai
Decided on : Nov-27-1990
Reported in : 1991CriLJ2766
..... the learned magistrate, which is at exhibit 'f'. the police officer had reported to the court that the accused, who are the registered owners of the trade-marks, had every right to use the trade-marks and that consequently, according to him, no offence has been disclos-ed. the complainant thereafter made an application to the trial court that the matter be ..... . the commencement of further prosecutions would have been inevitable because every time the petitioners marked their goods with the trade marks on them, the officers of the national textile corporation, when it came to their notice, would have proceeded. the inevitable result would have been that the ..... , the officers of the national textile corporation, who are the prosecuting authority, acting under the assumption that they are in law entitled to stop the use of the trade marks in question by other parties, which included the registered owners, instituted the present prosecutions. they also instituted similar prosecutions in other parts of the country on the same ground ..... have been possible for the units to continue to manufacture those products. the fact that no provision has been made specifically providing for the transfer or transmission of the trade-marks to the national textile corporation and consequently for extinguishment of the rights conferred thereunder from the original registered owners, it must be implied that the legislature did not .....Tag this Judgment!
Court : Karnataka
Decided on : Jun-29-1990
Reported in : AIR1991Kant303; ILR1990KAR2576
..... ointment in question namely 'herbi-nol'. the said product of the defendant is being marketed from july, 1988. applications filed by both parties for registration of their trade mark before the registrar of trade marks at madras and bombay are still pending. in order to avoid elaborate description of the product of the plaintiff called 'hurbinol' and the product of the plaintiff called ..... court having granted injunction against the defendant, defendant filed an appeal before this court. the said appeal is dismissed by observing that if there is a likelihood of the offending trade mark involving the proprietary right of an earlier manufacturer and virtually offending the economic asset which he had established a case for injunction is made out.18. therefore, i am ..... the plaint, plaintiff also presented an application under order 39. rules 1 and 2, c.p.c. praying for an order of temporary injunction against the defendants from infringing their trade mark of their product and passing off their product 'herbinol' as if it was the product manufactured and marketed by the plaintiff under the name 'hurbinol'.4. the learned trial ..... by the plaintiff in the court of the trial judge on 11-10-1988 for a judgment and decree against the defendants restraining them and their agents from infringing the trade mark of their skin ointment called 'hurbinol' exclusively and extensively sold by the plaintiff and from passing off or attempting to pass off their skin ointment recently introduced into the .....Tag this Judgment!
Court : Delhi
Decided on : Apr-04-1990
Reported in : 1990(2)ARBLR91(Delhi); 41(1990)DLT612
..... to the effect that the objective was to protect the goods of one being mistaken as for the other by virtue of similarities in design or trade mark or trading style and to come to that conclusion, it was not a good principle to place them side by side to find out if there are ..... claim to have done after carrying out extensive survey in the market and after verifying that no goods including paan masala were being marketed with the trade mark 'rajani' which name they adopted from he t. v. seriall. the defendant has thus totally repudiated the allegations of passing off, and infringement ..... feature distinguishes totally defendant's goods from those of the plaintiff's. (7) plaintiff's assertion about having acquired reputation or goodwill in this trade mark is also refuted by pointing out that it stands falsified from the sale figures given by the plaintiff, which reveal that there was no also ..... any other cognate or allied goods is bound to cause confusion and deception amounting to passing off. they further claim that the goods carrying the trade mark 'rajni' are packed in containers with a distinctive design and unique get up, lay out, colour combination and arrangement and that the work ..... the plaintiff's manufacture. (2) the assertion further is that the plaintiff has established large and extensive sales of their product, under the aforesaid trade mark, during the past years, having spent huge amounts on publicity, as per figures detailed in the plaint. it is contended that by virtue of .....Tag this Judgment!
Court : Delhi
Decided on : May-04-1990
Reported in : AIR1990Delhi233; 1990(2)ARBLR357(Delhi); 42(1990)DLT548
..... effect that when registration is sought in respect of an artistic work in relation to any goods, the application shall be accompanied by a certificate from the registrar of trade mark that no trade mark identical with or deceptively similar to such artistic work has been registered under that act in the name of any person, other than the applicant. this amendment is obviously ..... with any deception because the foundation of the action in such cases is the right of protection of a person's property consisting of goodwill or reputation in a certain trade name, trade mark or business. (23) when thereforee in a given case it becomes apparent, that plaintiff's own conduct is tainted and he himself is prima facie an imitator of another ..... and determining factor was the actual sale and actual user, by contending that there is enough prima facie material on record to show that waxpol industries had never abandoned this trade mark and trade design and they actually not only assailed the registration of the copyright in favor of the plaintiff with the impugned design without any delay, but have also ill the ..... have the copyright entered in the register of copyright, which he asserts to have done in the year 1980; which petition for rectification makes a positive reference to the registered trade mark of the objector, namely, waxpol industries and the challenge is specifically to the. copy right registration claimed by the plaintiff, namely, a-26895i80. further submitted that the plaintiff had .....Tag this Judgment!
Court : Delhi
Decided on : Nov-21-1990
Reported in : 1991(1)ARBLR33(Delhi); 45(1991)DLT405
..... law in bata india limited v. m/s. pyare lal & company, meerut city andothers : air1985all242 . in the said case the defendant had started using the trade mark 'bata-foam'. the trade mark 'bata' was registered in respect of canvas, rubber, leather shoes, rubber footwear, rubber soles, rubber heels and leather soles etc. the word 'bata' was treated as a fancy ..... the learned counsel for the defendants. in the said case, the question which arose for decision was whether the smoking tobacco being manufactured under the one trade mark and chewing tobacco being manufactured under the same trade mark is likely to deceive the public or not 7 the court held that the vital element in such a case is probability of deception and this ..... chiefs. the court held that the goods are different and the injunction was refused. counsel for the plaintiff has drawn my attention to the commentary in the book under the trade mark act by k.s. shavaksha at page 427 wherein it is mentioned that this suit ultimately was decreed although interim injunction was refused. this judgment was not considered as good ..... for the defendants but the said case is on a different aspect. in the said case the rectification application was dismissed. the petitioner's goods were being sold under the trade mark 'natraj' pertaining to pencils. the respondent was selling the goods geometry boxes. counsel for the plaintiff has informed that an appeal against the said judgment is still pending for decision .....Tag this Judgment!