Court : Delhi
Decided on : Mar-12-1992
Reported in : 1992(1)ARBLR409(Delhi); 48(1992)DLT555
..... for its registration in class 11 and 7 and i am told that the same stands accepted for advertisement in the' trade marks journal. the plaintiffs .claim that their trade mark in relation to their electric flat irons as well as in respect of all electrical and electronic goods has acquired such distinctiveness ..... that the plaintiffs are pirater and that m/s. olympia optical company ltd. la joint stock company of.japan) is a registered owner of the trade mark olympus and that for that reason they were not entitled to any relief. this very question arose in kumar electric works v. anju electronics 1989 (2 ..... i am also told that olympia is the company name, and that, in any case, there being number of other companies using olympia as their trade mark and the plaintiffs having not registered even a faint murmur in protest against those companies, no relief can be granted. (4) the stage .being for ..... a segment thereof having been deceived nor of any damage having been caused and, in any case, there can be no such possibility since the trade marks are so different and distinguishable from each other and also as defendant's goods happen to be, in comparison, far superior in quality. the defendant ..... both the judgments have no application. while the first relates to a case where both the parties were registered proprietors of trade mark, the second was a case for registration of the trade mark. the in fire approach ft as thus required to be different. (13) for the reasons recorded above i allow the .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-21-1992
Reported in : AIR1993Bom237; 1993(1)BomCR505
..... the suit, taking the view that there was neither visual nor phonetic similarity between the registered trade mark and the offending trade mark. the high court, in appeal, held that the offending trade mark infringed the appellant's trade mark 'ruston', and restrained the respondent from using the trade mark 'rustam', but further held that the use of the words 'rustam india' was not an ..... that others should imitate it. i am unable to accept the contention that the pendency of the rectification application prevents the plaintiffs from exercising the statutory rights under the trade marks act or from seeking interim reliefs based thereupon.42. mr. rahimtoola relics on a judgment delivered by me in alkam laboratories pvt. ltd. v. alchem (india) ..... v. banarasi dass goela, : air1980delhi254 . in this case, the plaintiffs earned on business as manufacturers of watches, time pieces, clocks, which were sold under their registered trade mark 'elora'. the defendant conducted a business in the name 'ellora industries', which was used conspicuously by him in advertisements as part of his business. although the defendant's ..... kumar poddar, in his capacity as a shareholder of the second defendant-company, has applied to the registrar of trade marks for rectification of the register for the removal of the concerned trade marks, on the ground that the trade marks were assigned to the plaintiffs wrongly and unconscionably, without any intention to confer on the plaintiffs the proprietary right in .....Tag this Judgment!
Court : Delhi
Decided on : Feb-25-1992
Reported in : 1992(1)ARBLR417(Delhi); 47(1992)DLT412; 1992(22)DRJ416
..... been engaged in the manufacture and marketing of iron and steel and its derivative products including products like channels. these products are being sold under the trade mark 'tisco'. this trade mark has been registered under the trade & merchandise marks act, 1958 (for short 'the act'), being nos-8710 (registered on november 25,1942) and 143447 (registered on may 4,1950).as explained in ..... given an opportunity to lead evidence. the plaint in the present suit categorically states that defendant no. 1 was selling the channels of defendant no.2 under the offending trade mark which is deceptively similar to that of the plaintiff. on these averments the court must assume jurisdiction and proceed with the suit to determine the question relating to the ..... dated august 8,1990 should not be confirmed. in that case the plaintiff and defendant were manufacturing and marketing sewing machines at delhi and bikaner respectively, using the same trade mark.lt was an admitted case of both the parties that defendant advertised its product in a local newspaper having no circulation outside bikaner. the mere fact that such a ..... jurisdiction.the question of territorial jurisdiction did not deter the court from- considering the application for grant of temporary injunction in the case of passing off action and infringement of trade mark. in this regard the court laid down as follows: 'the pica of the defendant about this court having no territorial jurisdiction cannot non-suit (he plaintiff at this .....Tag this Judgment!
Court : Gujarat
Decided on : May-06-1992
Reported in : (1993)1GLR325
..... pharmaceuticals and is a company incorporated in switzerland. according to the petitioner, it is the registered proprietor of trade mark 'ciba' and several other trade marks incorporating the trade mark 'ciba' which in a part of the series of such trade marks. the trade mark 'ciba' was registered under no. 1654 dated july 2, 1942 in class 5 in respect of medicinal ..... opposing the registration should be a proprietor or a registered user of a trade mark. moreover once a trade mark is registered, all legal proceedings relating to such a trade mark, the original registration of the trade mark and of all subsequent assignments and transmissions of the trade mark shall be prima facie evidence of the validity thereof as provided in section ..... the treatment of ulcer and to be sold on the written prescription only' instead of 'pharmaceutical and medicinal preparations', which appear in the advertisement in the trade marks journal. the opposition of the petitioner was, therefore, refused and the assistant registrar directed the application to proceed to registration after the said amendment in the ..... the change of its name into hindustan ciba-geigy limited had extensively used the trade mark 'ciba'. according to the petitioner, they were the registered proprietor of trade marks 'ciba', 'cibazol' & 'cibalgin' and other trade marks containing the word 'ciba'. the goods under the trade marks cibazol and cibalgin were continuously and extensively sold throughout india by hindustan ciba-geigy .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-10-1992
Reported in : AIR1993Bom185; 1993(3)BomCR536
..... particular items within those descriptions should rarely if ever arise.' 41. mr. daruwalla also referred to the commentary in p. narayanan's law of trade marks and passing off, 4th edition, pages 235 and 237, paras 15.82 and 15.86 wherein it is observed as follows: 'the question whether ..... business and commercial point of view. as viscount dunedin said in the 'nuvop. the material considerations arising in connection with the registration of the trade marks are practical'. to the cases on this subject, the oft-quoted proposition that each was decided on its own facts is 'peculiarly applicable' and ..... the english company did not manufacture india-rubber footwears though they sold such footwears. but the footwears they sold were not stamped with their trade mark. the court held that the description of the goods may be narrow or wider than a particular class and that the matter should be ..... had given some details of the experiments made or research made or filed better evidence on affidavit or shown some definite intention to use the trade mark in the immediate future, then the consideration would have been different. 31. at this stage itself it must be mentioned that before this court ..... district court at pune against the petitioners for infringement and passing off. on 21st march 1988 an interim injunction restraining the petitioners from using the trade mark eagle was granted by the district court, pune. the petitioners filed appeal no. 323 of 1988 in the bombay high court. that appeal .....Tag this Judgment!
Court : Chennai
Decided on : Apr-29-1992
Reported in : AIR1993Mad120
..... under ex. a.8 and the certificate given by the controller of patent dated 22-9-1991 for their design and patent of the suit trade mark, marked as ex. a.9. the next important relevant document is ex. a. 15 in which it has to be seen that the company ..... 23 and 51 to 55 of the copyright act 1957.13. then for substantiating the exclusive right and properietorship over the trade marks and the copyright for the sumeet trade mark and the trade literature and the guarantee card as was shown in all the documents, exs. a1 to a4, the learned senior counsel ..... huge money in the development of the said company and having allowed him to spend such an enormous amount to adopt the same trade mark, colour scheme, trade literature in the product manufactured by him and marketed the same through the company and therefore, taking action all of a sudden in ..... , having allowed the first respondent to engage in manufacturing and marketing the different type of sumeet kitchenwares and other home appliances under the same trade mark, by claiming the interim injunction against this respondent by filing the suits and applications, the applicant has absolutely acquiesced with the business of the ..... plaintiff's copyright; and from committing infringement of the copy right, the second plaintiff has in the artistic work shown in document no. 7, trade mark registration no. 263836 filed along with the plaint by printing, causing to be printed and distributing material containing the plaintiff's artistic style of writing, .....Tag this Judgment!
Court : Chennai
Decided on : Oct-03-1992
Reported in : (1992)IIMLJ168
..... delivered to a person in pursuance of a request or order made by reference to the trade mark or trade description as so used. (2) a trade mark or mark or trade description shall be deemed to be applied to goods whether it is woven in, impressed on, or otherwise worked into, or annexed or ..... reasonably likely to lead to the belief that the goods in connection with which it is used are designated or described by that trade mark or mark or trade description; or (e) in relation to the goods uses a trade mark or trade description in any sigh, advertisement, invoice, catalogue, business letter, business paper, price list, or other commercial document and goods are ..... respect of offences, penalties and procedure. section 81 therein speaks of penalty for falsely representing a trade mark as registered (excluded from the definition). regarding 'meaning of applying trade marks and trade description' section 76 says. (1) a person shall be deemed to apply a trade mark or mark or trade description to goods who :- (a) applies it to the goods themselves; or (b) applies ..... descriptions of the proprietors, notifications of assignments and transmissions, the names, addresses and description of registered users, disclaimers, conditions, limitations and such other matters relating to registered trade marks as may be prescribed. 10. we are not referring to various other provisions of the act at this stage, but we cannot fail to notice that for the purpose .....Tag this Judgment!
Court : Karnataka
Decided on : Aug-07-1992
Reported in : 1993(1)ALT(Cri)64; 1993CriLJ232; ILR1992KAR2614; 1992(3)KarLJ581
..... proprietor of 'mangalore lakshmi beedi works' and according to the prosecution he used the design, specifications and label of 'mysore lakshmi beedies' with a view to falsely apply the said trade marks to his beedies in order to improve the sale of his beedies in the market. the alleged offences will have to be decided in accordance with the provisions contained in ..... ordering framing of charges against the petitioner for offences under sections 420, 120-a and 120-b of ipc. he further submitted that even if the accused had used the trade mark of the complainant i.e., 'masore lakshmi beedies' the beedies manufactured by him, he could not have been prosecuted for offences under sections 420, 120-b of ipc in view ..... against a-1 for offences under sections 420, 120-a and 120-b of ipc. according to the prosecution, accused no. 2 being a trader in beedies deceitfully used the trade mark of the complainant on his beedi bundles and accused no. 1 was selling the same in the market. 4. sri. s. n. bhat, learned counsel for the petitioner, submitted that ..... 420 of ipc., it has to be stated that in view of sections 78 and 79 of the said act providing penalty for applying false trade descriptions etc., and selling goods to which a false trade mark or false trade description is applied, a charge under section 420 of ipc becomes wholly inapt. section 420 of ipc reads thus : 'cheating and dishonestly inducing delivery .....Tag this Judgment!
Court : Karnataka
Decided on : Jul-28-1992
Reported in : 2002(25)PTC704(Karn)
..... the business in alcoholic beverages and the respondent is also carrying on business in alcoholic beverages. it is also not disputed that the appellant is selling its product under the trade mark which is yet to be registered 'officers choice' and the respondent is selling its product under the label and name 'officers favorite'. it is the case of the appellant that ..... , this appeal.4. the case of the appellant is that it is carrying on the business in the manufacture of alcoholic beverages including whisky and marketing its product under the trade mark 'officers choice' in a distinctive colour scheme and style. the respondent is passing off its product under the name 'officers favorite' copying more or less the same colour scheme and ..... the name 'officers favorite' in relation to alcoholic beverages which is similar to the appellant's trade mark 'officers choice'. the respondent has appeared in the case and he resisted the suit and the i.a. the court after hearing both sides has dismissed the i.a. filed ..... for permanent injunction restraining the defendant from using the name 'officers favorite' in relation to alcoholic beverages in any manner or any other name deceptively similar to the appellant's trade mark 'officers choice' and from passing off respondent's goods for the goods of the plaintiff. the appellant also filed in i.a. for temporary injunction restraining the respondent from using .....Tag this Judgment!
Court : Delhi
Decided on : Aug-05-1992
Reported in : 1993(1)ARBLR140(Delhi); 1992(23)DRJ401
..... defendant's goods which is calculated to injure and likely to cause immense damage to the business or goodwill of the plaintiff. the use of a mark/name of which the trade mark evian forms an essential feature in relation to identical goods namely bottled beverages by the defendant amounts to passing off the defendant's goods or business as ..... india and on account of spill over advertising and tourist travel. thus, the consuming public and traders in india identify, recognise and associate the trade mark evian with the plaintiffs products exclusively. the trade mark evian has acquired such a high degree of distinctiveness that it has been registered in several countries of the world including united kingdom.(4) the ..... in fruit beverages, concentrates of fruits and dehydrated fruits under the trade mark evian's trupti or under any other trade mark that contains the plaintiffs mark evian or under any other deceptively similar mark and/or from using the trading style evian (india) or any other trading style that contains the plaintiffs mark evian or any other deceptively similar word or from doing any ..... fruit nnbeverages, concentrates of fruits and dehydrated fruits under the trade mark evian's trupti or under any other trade mark that contains the plaintiffs mark evian or under any other deceptively similar mark and/or from using the trading style evian (india) or any other trading style that contains the plaintiff's mark evian or any other deceptively similar word or from doing any .....Tag this Judgment!