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Documents citing Veena Nalin Merchant And Gayatri N. ... vs Laljee Godhoo And Co And 5 Ors on 6 May, 2015

Mohit Saraf vs Rajiv K Luthra And Ors on 18 January, 2021

51. Reliance was also placed on Bhagwan Dass Khanna Jewellers (supra) and Veena Nalin Merchant (supra) by the Counsels for the respondent in support of their contentions that the respondent has the power to terminate the petitioner from the partnership in terms of the binding and sacrosanct nature of the partnership deed entered into between the parties. In view of my conclusion above in paragraphs 36, 40 & 41, the said judgments are clearly distinguishable. STATUS OF EQUITY PARTNERS INDUCTED BY THE PARTIES:
Delhi High Court Cites 76 - Cited by 0 - V K Rao - Full Document

Firoz Qureshi And 3 Ors vs Mehboob Khan on 3 April, 2017

5 At the initial stage of ad-interim relief in the order dated 21st April 2015, it was observed that prima facie, the mark used by the defendants - appellants "CARTER'S EXPRESS" is not per se deceptively similar to the trade mark "CARTER'S BLUE" of which the plaintiff respondent is a registered proprietor. On merits, the learned Single Judge after referring to Section 17(2) of the Trade Marks Act, 1999 (hereinafter referred to as 'the said Act") was of the opinion that whenever or wherever a mark consists of several non-descriptive components, the mark may be Tilak ::: Uploaded on - 11/04/2017 ::: Downloaded on - 27/08/2017 21:57:21 ::: 6/9 APP-517-16 registered, but exclusivity is with reference only to the trade mark in its entirety, and not with reference to different components of the entire mark as contemplated u/s.17(1) of the said Act. He was justified in opining that under those circumstances, in terms of Section 17(2) of the Act, registration of a mark does not lend exclusivity over its components unless registration has been sought or granted for those individual components. He was further right in opining that components are publici juris (generic terms) or non-descriptive or incapable of registration. 6 Learned Judge referred several cases of Veena Nalin Merchant & ors Vs. Laljee Godhoo & Co & ors, 2015(3) Bom.C.R. 778 and Alaknanda Cement Pvt.Ltd Vs. Ultratech Cement Ltd, 2012(1) Bom.C.R. 519. It is well settled that when a trade mark consists of several matters, its registration confers exclusivity to the proprietor so far as the trade mark if taken as a whole. In other words, even if the trade mark consists of several components, the benefits of registration confers exclusivity to the proprietor only if the said trade mark is referred to as a whole mark, and not the individual components. It is also well settled that when a trade would consists of several parts, if any part which Tilak ::: Uploaded on - 11/04/2017 ::: Downloaded on - 27/08/2017 21:57:21 ::: 7/9 APP-517-16 is not a subject matter of separate application and if separately not registered in favour of the proprietor, and if it is common to the trade not being a non-distinctive character, then proprietor cannot claim exclusivity over individual components. 7 In the present case, the appellant's claim is exclusivity if the mark CARTER'S BLUE is taken as a whole. As against the claim of the respondent- plaintiff that when the two marks that of the appellants and of the respondent are considered visually and phonetically i.e. "CARTER'S EXPRESS" AND "CARTER'S BLUE", there is a similarity.
Bombay High Court Cites 4 - Cited by 0 - M Chellur - Full Document

Veena Nalin Merchant And Another vs M/S Laljee Godhoo And Co And 5 Others on 26 September, 2022

WITH APPEALS NO. 378 OF 2015 In ARBITRATION PETITION 939 OF 2012 Veena Nalin Merchant And Gayatri N. Merchant....PETITIONER V/S Laljee Godhoo And Co And 5 Ors ....RESPONDENT WITH NOTICE OF MOTION (APPEALS) NO. 1182 OF 2015 In APPEALS 376 OF 2015 Veena Nalin Merchant And Another ....PETITIONER V/S M/s Laljee Godhoo And Co And 5 Others ....RESPONDENT Dr V V Tulzapurkar, Sr Adv a/w Mr Sandeep Parikh, Mr Kunal Mehta, Mr Ravi Gandhi, Mr Punit Damodar, Ms Nikita Vardhan I/b KANGA and CO for Appellants Mr Pradeep Sancheti, Sr Adv a/w Mr Jayesh K Ashar, Ms Pratiksha Mody, Ms Kajal Malkan i/b M/S. K. ASHAR and CO. for Respondent Page 1/2 ::: Uploaded on - 26/09/2022 ::: Downloaded on - 27/09/2022 15:39:28 ::: CORAM : HON'BLE SHRI JUSTICE G.S. PATEL & HON'BLE JUSTICE MS. GAURI GODSE, JJ DATE : 26th September, 2022 P.C. :
Bombay High Court Cites 1 - Cited by 0 - Full Document

Veena Nalin Merchant And Another vs M/S Laljee Godhoo And Co And 5 Others on 26 September, 2022

WITH APPEALS NO. 378 OF 2015 In ARBITRATION PETITION 939 OF 2012 Veena Nalin Merchant And Gayatri N. Merchant....PETITIONER V/S Laljee Godhoo And Co And 5 Ors ....RESPONDENT WITH NOTICE OF MOTION (APPEALS) NO. 1182 OF 2015 In APPEALS 376 OF 2015 Veena Nalin Merchant And Another ....PETITIONER V/S M/s Laljee Godhoo And Co And 5 Others ....RESPONDENT Dr V V Tulzapurkar, Sr Adv a/w Mr Sandeep Parikh, Mr Kunal Mehta, Mr Ravi Gandhi, Mr Punit Damodar, Ms Nikita Vardhan I/b KANGA and CO for Appellants Mr Pradeep Sancheti, Sr Adv a/w Mr Jayesh K Ashar, Ms Pratiksha Mody, Ms Kajal Malkan i/b M/S. K. ASHAR and CO. for Respondent Page 1/2 ::: Uploaded on - 26/09/2022 ::: Downloaded on - 27/09/2022 15:39:44 ::: CORAM : HON'BLE SHRI JUSTICE G.S. PATEL & HON'BLE JUSTICE MS. GAURI GODSE, JJ DATE : 26th September, 2022 P.C. :
Bombay High Court Cites 1 - Cited by 0 - Full Document

Veena Nalin Merchant And Gayatri N. ... vs Laljee Godhoo And Co And 5 Ors on 26 September, 2022

WITH APPEALS NO. 378 OF 2015 In ARBITRATION PETITION 939 OF 2012 Veena Nalin Merchant And Gayatri N. Merchant....PETITIONER V/S Laljee Godhoo And Co And 5 Ors ....RESPONDENT WITH NOTICE OF MOTION (APPEALS) NO. 1182 OF 2015 In APPEALS 376 OF 2015 Veena Nalin Merchant And Another ....PETITIONER V/S M/s Laljee Godhoo And Co And 5 Others ....RESPONDENT Dr V V Tulzapurkar, Sr Adv a/w Mr Sandeep Parikh, Mr Kunal Mehta, Mr Ravi Gandhi, Mr Punit Damodar, Ms Nikita Vardhan I/b KANGA and CO for Appellants Mr Pradeep Sancheti, Sr Adv a/w Mr Jayesh K Ashar, Ms Pratiksha Mody, Ms Kajal Malkan i/b M/S. K. ASHAR and CO. for Respondent Page 1/2 ::: Uploaded on - 26/09/2022 ::: Downloaded on - 27/09/2022 15:39:33 ::: CORAM : HON'BLE SHRI JUSTICE G.S. PATEL & HON'BLE JUSTICE MS. GAURI GODSE, JJ DATE : 26th September, 2022 P.C. :
Bombay High Court Cites 1 - Cited by 0 - Full Document

Veena Nalin Merchant And Gayatri N. ... vs Laljee Godhoo And Co And 5 Ors on 11 October, 2022

WITH APPEALS NO. 378 OF 2015 In ARBITRATION PETITION 939 OF 2012 Veena Nalin Merchant And Gayatri N. Merchant....PETITIONER V/S Laljee Godhoo And Co And 5 Ors ....RESPONDENT WITH NOTICE OF MOTION (APPEALS) NO. 1182 OF 2015 In APPEALS 376 OF 2015 Veena Nalin Merchant And Another ....PETITIONER V/S M/s Laljee Godhoo And Co And 5 Others ....RESPONDENT Dr V Tulzapurkar, Sr Adv a/w Mr Sandeep Parikh, Mr Kunal Mehta, Mr Ravi Gandhi, Mr Punit Damodar, Ms Nikita Vardhan i/b KANGA and CO for Appellants Mr Pradeep Sancheti, Sr Adv a/w Mr Jayesh Ashar, Ms Pratiksha Mody, Ms Kajal Malkan i/b M/S. K. ASHAR and CO. for Respondent Page 1/2 ::: Uploaded on - 11/10/2022 ::: Downloaded on - 12/10/2022 23:08:03 ::: CORAM : HON'BLE SHRI JUSTICE G.S. PATEL & HON'BLE JUSTICE MS. GAURI GODSE, JJ DATE : 11th October, 2022 P.C. :
Bombay High Court Cites 1 - Cited by 0 - Full Document

Veena Nalin Merchant And Another vs M/S Laljee Godhoo And Co And 5 Others on 11 October, 2022

WITH APPEALS NO. 378 OF 2015 In ARBITRATION PETITION 939 OF 2012 Veena Nalin Merchant And Gayatri N. Merchant....PETITIONER V/S Laljee Godhoo And Co And 5 Ors ....RESPONDENT WITH NOTICE OF MOTION (APPEALS) NO. 1182 OF 2015 In APPEALS 376 OF 2015 Veena Nalin Merchant And Another ....PETITIONER V/S M/s Laljee Godhoo And Co And 5 Others ....RESPONDENT Dr V Tulzapurkar, Sr Adv a/w Mr Sandeep Parikh, Mr Kunal Mehta, Mr Ravi Gandhi, Mr Punit Damodar, Ms Nikita Vardhan i/b KANGA and CO for Appellants Mr Pradeep Sancheti, Sr Adv a/w Mr Jayesh Ashar, Ms Pratiksha Mody, Ms Kajal Malkan i/b M/S. K. ASHAR and CO. for Respondent Page 1/2 ::: Uploaded on - 11/10/2022 ::: Downloaded on - 12/10/2022 23:07:57 ::: CORAM : HON'BLE SHRI JUSTICE G.S. PATEL & HON'BLE JUSTICE MS. GAURI GODSE, JJ DATE : 11th October, 2022 P.C. :
Bombay High Court Cites 1 - Cited by 0 - Full Document

Veena Nalin Merchant And Another vs M/S Laljee Godhoo And Co And 5 Others on 11 October, 2022

WITH APPEALS NO. 378 OF 2015 In ARBITRATION PETITION 939 OF 2012 Veena Nalin Merchant And Gayatri N. Merchant....PETITIONER V/S Laljee Godhoo And Co And 5 Ors ....RESPONDENT WITH NOTICE OF MOTION (APPEALS) NO. 1182 OF 2015 In APPEALS 376 OF 2015 Veena Nalin Merchant And Another ....PETITIONER V/S M/s Laljee Godhoo And Co And 5 Others ....RESPONDENT Dr V Tulzapurkar, Sr Adv a/w Mr Sandeep Parikh, Mr Kunal Mehta, Mr Ravi Gandhi, Mr Punit Damodar, Ms Nikita Vardhan i/b KANGA and CO for Appellants Mr Pradeep Sancheti, Sr Adv a/w Mr Jayesh Ashar, Ms Pratiksha Mody, Ms Kajal Malkan i/b M/S. K. ASHAR and CO. for Respondent Page 1/2 ::: Uploaded on - 11/10/2022 ::: Downloaded on - 12/10/2022 23:08:07 ::: CORAM : HON'BLE SHRI JUSTICE G.S. PATEL & HON'BLE JUSTICE MS. GAURI GODSE, JJ DATE : 11th October, 2022 P.C. :
Bombay High Court Cites 1 - Cited by 0 - Full Document
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