Court : Mumbai
Decided on : Jul-16-1993
Reported in : AIR1994Bom39; 1994(2)BomCR560; (1994)96BOMLR466; 89CompCas456(Bom); 1994(1)MhLj78
..... said decision pertains to the question of maintainability of appeal under clause 15 of the letters patent against an appellate order passed by the high courtunder section 76 of the trade marks act. it is held that the high court has to exercise that jurisdiction in the same manner as it exercises its other appellate jurisdiction and when such jurisdiction is exercised ..... by the learned single judge, the judgment becomes subject to appeal under clause 15 of the letters patent, there being nothing to the contrary in the trade marks act.11. it is true that there is a practice of filing appeals under section 10f of the act in the form of petitions and labelling them as such. there .....Tag this Judgment!
Court : Chennai
Decided on : Oct-15-1993
Reported in : (1994)1MLJ415
..... .a. no. 8 of 1993 the appellant is one nalli duraisamy saroja. there was application no. 472754 for registration of a particular trade mark and it was advertised in the trade marks journal on 16.7.1992. each of the appellants filed notice of opposition on 23.11.1992. as per section 21 of the ..... containing the advertisement. the relevant observations of the said division bench are as follows:the object of advertising that an application for the registration of a trade mark has been received by the registrar is obviously to let the public knows about it and to invite opposition to it, if any. that object ..... said journal earliest. but, the authority below points out that a division bench of the travancore - cochin high court in pavunny ouseph v. registrar of trade marks a.i.r. 1952 t.c. 77 has interpreted the corresponding old rule 30 and has held that the relevant date must betakenas the date of ..... 51(2) of the act says thus:an application for an extension of the period within which a notice of opposition to the registration of a trade mark may be given, shall be made on form tn44 accompanied by the prescribed fee. such period of extension shall not exceed one month in the ..... rejected. in each the said interlocutory applications dated 28.4.1993, it is prayed. 'notice of opposition which is already lying with the registrar of trade marks, madras be taken on records and be proceeded with in accordance with the law'. aggrieved by the abovesaid order dated 30.6,1993, respective tjmas. have .....Tag this Judgment!
Court : Karnataka
Decided on : Feb-10-1993
Reported in : ILR1993KAR1222; 1993(1)KarLJ609
..... material, invoices, printing bills, caution notices etc., produced with plaint are copies of the defendants trade marks and cartons which have been taken out of their trade marks. the use of word 'kwality' and other features have been copied from the defendants trade marks. the defendants trade marks are old trade marks. further, it is contended by the defendant that the plaintiff has nowhere shown as to how ..... before it was used by the defendant. (iii) his goods are identified and recognized by the use of said trade mark and in case the defendant is allowed to use the said trade mark or a trade mark which is deceptively similar to the said trade mark it is likely to cause irreparable loss and damage to him. (iv) there is every likelihood that the ..... petitioner-plaintiff. the petitioner-plaintiff has in his objections categorically stated, that the respondent-defendant has, and have no sales in karnataka, particularly in bangalore. their registration of trade mark referred above is delimited to certain territories only and not to the whole of india at all. thus, it is undisputed that the petitioner has been carrying on the ..... s counsel on the other hand contended, that they have advertised in almost all papers in india in order to show and prove, that they have continuously advertised their trade mark, and they have acquired a very good and wide reputation. the learned counsel for the petitioner has pointed out that the respondents-defendants' registration is delimited to certain .....Tag this Judgment!
Court : Karnataka
Decided on : Jul-06-1993
Reported in : ILR1993KAR2393; 1993(3)KarLJ37
..... works, b.c. road' in english and 'new r.k. beedi works' in kannada.the distinguishing features of the plaintiff's trade mark is that the plaintiff's trade mark is having the background of dark blue and to a little extent darkish yellow colour scheme as the background for the label with the ..... (1) provides that no person shall be entitled to institute any proceeding to prevent or to recover damages for the infringement of an unregistered trade mark. sub-section (2) of section 27 makes it clear that nothing in the act shall be deemed to affect rights of action against any ..... 'mangalore r.k. beedies' only from the year 1986 and not from 1974; that the name 'mangalore r.k. beedies' was not a trade mark as there was nothing distinctive or special about it; nor did the said name indicate any connection to the plaintiff; that plaintiff's beedies under the ..... to restrain the defendant from manufacturing and selling beedies under the name and style 'new mangalore r.k. beedies' which was deceptively similar to their trade-mark, 'mangalore r.k. beedies'.3. the defendant resisted the said suit interalia on the contentions that the plaintiff started manufacturing beedies under the name ..... including karnataka, goa and maharashtra. the licencing authority under the central excise and salt act, has approved the label and wrappers with the aforesaid trade mark and granted a licence in the year 1986. the beedies manufactured by the plaintiff have earned a good reputation and market on account of their .....Tag this Judgment!
Court : Delhi
Decided on : Apr-30-1993
Reported in : 1997(2)ARBLR397(Delhi); 51(1993)DLT403; 1993(26)DRJ511
..... another, : air1986delhi343 . in this case, the division bench of this court came to the conclusion that 'since the exclusive right of user of a registered trade mark conferred by the trade and merchandise marks act, 1958 could not be lost by delay, general principles governing grant of injunctions in other types of cases might not hold good while dealing with cases of ..... when the assignment deed was executed in favor of the defendant m/s navratna mills. it is evident from the advertisement of trade mark royall touch in the trade marks journal no: 1006 dated 1.5.1991 that the trade mark royall touch under no.43732913 was not registered on the date of assignment deed and merely filing of application for registration and/ ..... the facts and circumstances of this case and in the interest of justice, this court should restrain the defendants from manufacturing, selling or advertising the defendants' products under the trade mark royall or royall touch. learned counsel has placed reliance on large number of judgments in which courts have granted injunctions to the plaintiff therein.' (23) learned counsel also ..... or acceptance of application for advertisement in the trade mark journal and/or advertisement in the trade mark journal does not confer any statutory rights over the trade mark till the registration certificate is issued. it is further submitted that the deed of assignment not signed by all the navratna .....Tag this Judgment!
Court : Chennai
Decided on : Jul-08-1993
Reported in : (1994)1MLJ174
..... a registered user using by way of permitted use; and(ii) that when he became aware of the existence and nature of the plaintiffs right in the trade mark, he forthwith ceased to use the trade mark in relation to goods in respect of which it was registered; or(c) where in a suit for passing off the defendant satisfies the court-(i) that ..... this appeal. we are satisfied that the plaintiff has substantially succeeded in this appeal. consequent to the finding recorded by the trial court that the defendant has infringed the plaintiffs trade mark, there will be a decree by way of nominal damages amounting to rs. 500. except the modification in the decree for nominal damages, as indicated above, the appeal is dismissed ..... to plaintiffs all the cartons, labels and other printed materials containing the offending trade mark 'rani eyevix' together with the blocks for destruction, but has however declined to grant any damages for the infringing and passing off committed by the defendants as it has found ..... committed by the defendant, and (3) directing the defendants to surrender to plaintiffs all the cartons, labels and any other printed matters containing or consisting of the offending 'rani eyevix' trade mark together with the blocks used for the purpose of printing the same for destruction.2. the trial court has granted the relief of injunction and directed the defendants to surrender .....Tag this Judgment!
Court : Gujarat
Decided on : Jul-30-1993
Reported in : (1994)2GLR1714
..... remedy which may be enforced or obtained throughout the state and it established the record of rights 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 farther protection under the statute. common law rights are left wholly uneffected. ..... is wider in its compass and action for infringement is nothing but one method of passing off, namely, the use of a trade mark. in cases where the trade mark is not registered at all and the product is of common use and when the goods are being marketed in different pouches which ..... ltd. v. june perfect ltd., (1941) 58 rpc 147 at p. 161 and quoted following observations:the statute law relating to infringement of the trade marks is based on the same fundamental idea as the law relating to passing off. but, it differs from that law in two particulars, namely (i ..... case the supreme court referred to the distinction between an 'infringement action' and 'passing off action.' apart from the question as to the nature of trade mark the issue in an infringement action is quite different from the issue in a passing off action. the court pointed out that in a passing off ..... contains writing 'bhavani grih udyog'. on that very side of the pouch the letter 'r' is mentioned in a circle suggesting maruti mark to be a registered trade mark. on the other side of the pouch the words 'maruti super dhanadal' are mentioned. the colour scheme of the label is dark .....Tag this Judgment!
Court : Delhi
Decided on : Apr-02-1993
Reported in : 1993(2)ARBLR354(Delhi); ILR1993Delhi285
..... act, etc.; which confers a separate and distinctive right in the owner in respect of the registration. (17) i am, thereforee, of the prima facie opinion that use of the trade mark 'amul' by the defendants is calculated to mislead the consumer that goods so labelled are of the plaintiff's manufacture. the defendants are, thus, guilty of passing off. keeping in ..... of the defendants' merchandise 'amul biscuits' is different from the plaintiff's goods 'amul' butter, chocolates etc. in this behalf, it will be useful to make a reference to the trade marks registration work manual, issued by the patents office, london. based on judicial pronouncements passage 10-:,5 of the said manual enumerates three tests, which should be considered to determine if ..... . (4) the defendants in their reply resist the application mainly on the grounds : (i) inordinate delay on the part of the plaintiff in filing the present suit; (ii) plaintiff's trade mark is registered only in respect of milk based products and thereforee, these are different from the biscuits manufactured by the defendants. (iii) the defendants are owners of copy right in ..... plaintiff ever beyond substances for human consumption. it is the case or the plaintiff that it has spent substantial amounts by way of advertisement and publicity expenses on the said trade mark which has acquired a vast and enviable reputation and goodwill; has become distinctive and descriptive of all the goods of the plaintiff and over the years it has become a .....Tag this Judgment!
Court : Delhi
Decided on : Dec-15-1993
Reported in : 1994IAD(Delhi)115; 53(1994)DLT244; 1994(28)DRJ112
..... hon'ble supreme court in the case of state of u.p. vs . ram nath reported as : 1972crilj52 quoted herein below:- 'it does not however entitle him to use a trade mark whether it is current or has been removed from the register,or has been abandoned or even if it has never been initially registered but has acquired the currency of ..... using the said trade mark of the plaintiff 'rainy'. these facts came out in response to court questions asked from the said individual which was recorded in the court when his aforesaid father was also ..... fact that one mr. pradeep kumar arora son of one of the partners of defendant namely mr. ram saran arora was an employee of the plaintiff partnership firm when the trade mark rainy was adopted. that particular person resigned from the job of the plaintiff and after leaving their employment joined his father in the business of defendant and thereafter defendant started ..... not only be honest but must not even unintentionally be unfair'. reference in this behalf may also be made to the case of uttam singh & sons vs . registrar of trade marks, reported as : air1977delhi1 . the defendant has cited various authorities in support of the contention that in passing off action injunction should not ordinarily be granted. the facts of this case .....Tag this Judgment!
Court : Delhi
Decided on : Sep-17-1993
Reported in : 1993IVAD(Delhi)37; 1993(27)DRJ493
..... in the case of m/s.r.p. lock & co. vs m/s. sehgal locks company, 1988-ptc-10. in this case it was held that the trade mark haricon was deceptively similar to the trade mark harrison. (5) in view of the above discussion, i restrain the respondent through its proprietor or partners or its servants, agents, dealers and representatives from manufacturing, selling ..... to pass off their goods and business as and for the goods of the plaintiff and to create an impression as its goods of bicycle parts and fittings under the trade mark sainico are connected with the plaintiff in one or the other manner. he, thereforee, contended that the defendant should be restrained as prayed in this application. (3) mr. bhalerao, ..... on behalf of the plaintiff submitted that the plaintiff is the registered owner and proprietor of the trade mark sonico with device of a bust under registration no.234098 dated 9th march, 1966 in class-12 in respect of bicycle and cycle parts. he further submitted that the plaintiff ..... selling, offering for sale advertising, directly and indirectly dealing in parts and fittings of bicycles, cycles parts and other cognate under the trade mark sainico or any other trade mark as may be identical with and/or deceptively similar to applicant's registered trade mark sonico. the application has been opposed by the respondent in their reply to this application. (2) mr. ghiraiya, learned counsel appearing .....Tag this Judgment!