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Documents citing Synthes Ag Chur vs Rob Mathys India (P) Ltd. on 1 March, 1996

Kedar Nath Gupta vs J.K. Organisation on 6 November, 1997

(28) Following a judgment of a Division Bench of this Court in Synthes Ag Chur & Ors. v. Rob Mathys India Pvt. Ltd., 1997(17)PTC(DB) 669 and seeing the nature of the provisions laying emphasis on relation of trade mark with the goods, I am of the definite opinion that any attempt by any trade or industry to bask in the warmth of and make illicit profit and reputation not earned legitimately by their own effort but built by others, has to be disapproved in order to protect not only public interest of Indian consumers, private rights of the traders but commercial morality as well. But this approach has to be confined to same or similar products or at the most closely related products. This approach cam-lot be extended to totally different kind of products. In this latter area in order to protect the economic interests of manufacturers of different kind of goods and the public interest, English rigidity appears to be essential.
Delhi High Court Cites 32 - Cited by 6 - S N Kapoor - Full Document

Baker Hughes Limited & Anr. vs Hiroo Khushalani & Anr. on 24 July, 1998

It is noteworthy that in the above case the defendant did not raise the plea that the agreement was not binding on it as the same was executed between the plaintiffs on the one hand and the promoters of the defendant on the other. But that will not matter as the net effect of the plea, if accepted, would mean that the agreement was not binding on the defendant, and if the agreement did not bind the defendant he would have no right to use the trade mark of the plaintiffs as it was by virtue of the 'basic agreement' that the defendant was given a right to use the same.
Delhi High Court Cites 26 - Cited by 3 - Full Document

Kedar Nath Gupta vs J.K. Organisation on 6 November, 1997

28. Following a judgment of a Division Bench of this Court in Synthes Ag Chur & Ors. Vs. Rob Mathys India Pvt. Ltd., 1997 (17) PTC (DB) 669 and seeing the nature of the provisions laying emphasis on relation of trade mark with the goods, I am of the definite opinion that any attempt by any trade or industry to bask in the warmth of and make illicit profit and reputation not earned legitimately by their own effort but built by others, has to be disapproved in order to protect not only public interest of Indian consumers, private rights of the traders but commercial morality is well. But this approach has to be confined to same or similar products or at the most closely related products. This approach cannot be extended to totally different kind of products. In this latter area in order to protect the economic interests of manufacturers of different kind of goods and the public interest, English rigidity appears to be essential.
Delhi High Court Cites 34 - Cited by 0 - S N Kapoor - Full Document
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