Chandrachud
Bench: Y.V. Chandrachud , P.N. Bhagwati , V.D. Tulzapurkar , A.P. Sen
PETITIONER:
MAHARAO SAHIB SRI BHIM SINGHJI ETC. ETC
Vs.
RESPONDENT:
UNION ... BENCH:
CHANDRACHUD, Y.V. ((CJ)
KRISHNAIYER, V.R.
BHAGWATI, P.N.
TULZAPURKAR, V.D.
SEN, A.P. (J)
CITATION:
1985 AIR 1650 1985 SCR Supl
15th and 17th November, 1989 by Desai and Kenia, JJ.).
6. Mr. Tulzapurkar, learned Counsel appearing for the respondents has submitted that under Section ... corporate names of the 1st appellant in each of the appeals. Mr. Tulzapurkar further submitted that the respondents have established reputation to such an extent
order of the Learned Judge is impugned in this appeal.
14. Shri Tulzapurkar, the learned counsel for the appellants reiterated all the submission made ... Volvo' as trade mark or applied for registration till date. Shri Tulzapurkar further contended that word 'Volvo' is in the nature
litigation :
24. At the outset, it is contended by Mr. Tulzapurkar, learned counsel for the sixth and ninth respondents, that this is not a bona ... contentions urged by the peti-
tioners before the courts. Mr. Tulzapurkar urges that the petition is barred by res judicata since most of the issues
likely to deceive or cause confusion."
6. Mr. Tulzapurkar, the learned Counsel for the Plaintiff, has submitted that for deciding the question of deceptive ... goods; and
(g) Any other surrounding circumstances."
7. Mr. Tulzapurkar has further submitted that weightage to be given to each of the aforesaid factors
LIMITED .. APPELLANT
V/S
PARLE PRODCUTS PRIVATE LIMITED .. RESPONDENT
....
Dr.Virendra V.Tulzapurkar, Sr.Advocate with Mr.Virag Tulzapurkar,
Sr.Advocate, Mr.Amit Jamsandekar ... appellant in Appeal (L) No.674 of 2012.
Dr.V.V.Tulzapurkar, Sr.Advocate with Mr.M.R.Nair, Mr.R.H.Gajria,
Ms.Deepa
Hegde & V.A. Bhagat for the Appellant.
Dr.Virendra Tulzapurkar, Senior Counsel with Mr.S.U. Kamdar,
Senior Counsel with Mr.Ashish Kamat ... respondents' trade mark
"R.B. TONE".
8. Dr.Tulzapurkar's submission that the appellants' mark is
deceptively similar
assignment of the trade mark negates the contention.
12. Firstly, as Dr. Tulzapurkar rightly pointed out the Defendants had not denied in the pleadings ... circumstances, including the deed of assignment of the trade mark.
13. Dr. Tulzapurkar also challenged Dr. Shivades interpretation of the deed of assignment of copyright
learned Judge is under challenge in this appeal.
6. Mr. Tulzapurkar, learned counsel appearing on behalf of the appellants, submitted that on the strength ... weresold under the mark "Bajaj" from the year 1977. Shri Tulzapurkar submitted that the learned Judge found that the brochure
reported in (1977)1 Alt England Reported pg. 631.
29. Mr. Tulzapurkar appearing for the 2nd respondent in Criminal Writ Petition ... further elaborated. Mr. Tulzapurkar fairly admitted that if there was a prohibition or a legal disability to pay e.g. by an injunction order
