Carthy on
Trademarks and Unfair Competition (4th ed.), which reads as under:
"ยง 18:17. Effect of invalid trademark assignment - An
assignment in gross ... Number Digest, Trademarks 1199
A sale of trademark rights apart from good will symbolized
by the trademark is known as an "assignment in gross
TMNA, with which we are particularly concerned, assigned,
among the four Family Groups, the various trademarks which they
were entitled to use, as well ... where the said decisions were rendered, so that their
Trademarks;
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45. Registration of assignments and transmissions.-- *****
(3) Where the validity of an assignment
also failed to adduce any evidence
to the effect of assignment of trademark by Smt. Lalita Gupta in
their favour as no assignment deeds ... trademark DIAMOND and vide Assignment Deed dated
19.10.2001, the said trademark DIAMOND was assigned in his
favour.
It was stated further that Ms. Priti Gupta
from using the trademark 'Mardia Cables' or any other
trademark or name which form part of the registered
trademark 'Mardia/Mardia Cables ... initially been assigned in favour of Mr Kamlesh
Jain. The assignment had been recorded in the
registers of the Trademarks Registry and,
therefore, as long
trademarks.
4. That Sabyasachi Gorai as consideration for the above-
mentioned assignment of trademarks is making a payment of Rs.
2 lacs to Aveenashi International ... forms, one for each of
the two trademarks, being assigned herein.
9. That Aveenashi International shall hand over to
Sabysachi Gorai ideally before
trademarks.
4. That Sabyasachi Gorai as consideration for the above-
mentioned assignment of trademarks is making a payment of Rs.
2 lacs to Aveenashi International ... forms, one for each of
the two trademarks, being assigned herein.
9. That Aveenashi International shall hand over to
Sabysachi Gorai ideally before
records the undertaking of parties
6 to 14 to assign the trademarks which had been registered in the
name of Sushil Kumar Pathak, the husband ... records the undertaking of parties
6 to 14 to assign the trademarks which had been registered in the
name of Sushil Kumar Pathak, the husband
defendants' own case that the trademark
SACHAMOTI was assigned by Kaushalya to STPL in March
2016. There was no occasion, therefore, for STPL ... document by Chandrakanta in favour
of RKS/STC, assigning rights in the SACHAMOTI trademarks,
(v) communication dated 5 September 1986 from Sabu
Traders to Kamath
Section 44 reveals that the only purpose of associating trademarks is
so that they are assignable and transmissible as a whole and not
separately. Barring ... would
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44. Assignability and transmissibility or associated trademarks. - Associated trademarks shall be
Signature Not Verified
assignable and transmissible only as a whole
were purchased on 16.07.2024
and were executed on 29.07.2024. This Assignment of Copyright
and Trademark could only be done by Ms. Komal Gupta
(Defendant ... which was the holder of the rights in the trademark in
question and thereafter assigned the rights to the appellant company
which is now prosecuting
