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49. In the case of Rob Mathys India (P) Ltd. v. Synthes Ag Chur, 1997 SCC Online Del 516 supra, the Delhi High Court reiterated the principles laid in Gujarat Bottling case and held that:

"It is well settled that use of an unregistered trade mark under a licence granted by the proprietor bona fide under its control and supervision is use of the unregistered mark by the proprietor. Under no principle or precedent can it be held that at common law use by the licensee of an unregistered mark is not use by the licensor or that such use will invalidate a passing off action or disentitle the licensor to protection of its trade mark."