Vishnudas Trading As Vishnudas vs The Vazir Sultan Tobaccoco. Ltd. ... on 9 July, 1996
Equivalent citations: JT 1996 (6), 366 1996 SCALE ... ARBILR 222
Author: G.N. Ray
Bench: G.N. Ray
PETITIONER:
VISHNUDAS TRADING AS VISHNUDAS
Vs.
RESPONDENT:
THE VAZIR SULTAN TOBACCOCO. LTD. HYDERABAD
Vishnudas Trading As Vishnudas ... vs The Vazir Sultan Tobacco Company ... on 11 October, 1990
Equivalent citations: (1991)194MLJ1
JUDGMENT
Venkataswami, J.
1. These ... appeals preferred under Section 109(5) of the Trade and Merchandise Marks Act, 1958 (hereinafter called 'the Act'), read with Clause
also held in the decision reported as 1997 (4) SCC 201 Vishnudas
Trading vs. Vazir Sultan Tobacco Co. Nandhini Deluxe (supra) was a case ... laid down by the Supreme Court in Nandhini Deluxe (supra) or Vishnudas
Trading (supra) would not be applicable to the facts of the present
with Ors. Page 14 of 47
Vishnudas Trading as Vishnudas Kushandas vs. The Vazir
Sultan Tobacco Ltd. and Anr.2 and quoted ... enjoy monopoly in
articles falling under such classification as held in Vishnudas
Trading as Vishnudas Kushandas2 . Therefore, in the instant
case, when
Court by relying upon the decision of the
Apex Court in Vishnudas Trading as Vishnudas Kishendas Vs.
Vazir Sultan Tobacco
trade mark given that the Defendant
had unauthorizedly used the Plaintiffs' registered trade mark as part of the
Defendant's trade/business name ... Supreme Court in the case of Vishnudas Trading v. Vazir Sultan Tobacco Co.
Ltd.8 to submit that it was well settled that
petitioner has also relied upon the following decisions_
i)Vishnudas Trading as Vishnudas Kishendas Vs. Vazir Sultan Tobacco ... relied upon the decision reported in 1996 (16) PCT 512 (SC) [Vishnudas Trading as Vishnudas Vs. The Vazir Sultan Tobacco Ltd ].
12.Further
view of the recent judgment of the Supreme Court in Vishnudas Trading as Vishnudas Kishendas v. Vazir Sultan Tobacco ... Section 8 of the Trade Marks Act as compared to Section 5 of the Trade Marks act, 194C, registration of trade mark
Malhotra Tyres Pvt. Ltd.
AIR 1991 Delhi 94
(e) Vishnudas Trading as Vishnudas Kishendas Vs. Vazir Sultan
Tobacco Co. Ltd. Hyderabad ... Mills Ltd. Vs. Assam Company Ltd. 1996 PTC 16
(n) Vishnudas Trading as Vishnudas Kishendas Vs. Vazir Sultan
Tobacco
Karnataka
Cooperative Milk Producers Federation Limited , (2018) 9 SCC 183; and
Vishnudas Trading as Vishnudas Kishendas v. Vazir Sultan Tobacco Co.
Ltd., Hyderabad ... Supreme Court in the case of
Nandhini Deluxe (supra) and Vishnudas Trading as Vishnudas
Kishendas (supra). Lathe machine is a machine
