Ampa Cycles Private Limited vs Jagmohan Ratra on 6 July, 2021
19. Under the Dissolution Deed, both parties were granted proprietary
rights in respect of the trade mark 'AMPA'. Having consented to this
arrangement, the reliance by the respondent/plaintiff on the decisions in
Power Sumeet Appliances supra, Variety Dry Fruit Stores supra, and
Hardev Singh Akoi supra to the effect that use of a jointly owned trade
mark cannot, without consent of the co-owner, be used to the detriment of
such co-owner, or that there can only be one mark, one source and one
proprietor and a mark cannot have two origins being used in competition, is
completely misplaced.