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Documents citing T.V. Venogopal vs Ushodaya Enterprises Ltd. & Anr on 3 March, 2011

Moroccanoil Israel Limited Anr. vs Modicare Limited on 18 November, 2022

24. To show the long and continuous use of the mark, the plaintiffs have placed, in sealed cover, sales figures of their products and the expenditure for promotion in the past years. The said sealed cover was opened in the presence of learned counsels for the parties on 28th October, 2022 which shows that the sales figures of the plaintiff are phenomenal, thereby showing that the plaintiff‟s product have attained goodwill by its long and continuous use. Applying the tests laid down, even though "Moroccan" and "Oil" are two distinct words having their independent meaning but the plaintiff having Signature Not Verified Digitally Signed By:ANIL KUMAR BHATT CS (COMM) 52/2019 Page 17 of 31 Signing Date:19.11.2022 17:51:10 Neutral Citation No.2022/DHC/004949 coined the combination of two words "MOROCCANOIL" which word has attained goodwill by its long and continuous use, the mark of the plaintiff deserves protection. Hon‟ble Supreme Court in the case cited as (2011) 4 SCC 85 T.V. Venugopal v. Ushodaya Enterprises Ltd., held:
Delhi High Court Cites 26 - Cited by 0 - M Gupta - Full Document

Mr.A.D.Padmasingh Isaac vs / on 3 August, 2021

33.Relying upon the judgment of the Hon'ble Supreme Court in T.V.Venugopal v. Ushodaya Enterprises Ltd., and Ors reported in 2011 (3) Scale 182, popularly known as “Eenadu” case, the learned senior counsel submitted that the plaintiff's trade mark “Aachi” has acquired extraordinary reputation and goodwill not only within the State of Tamil Nadu and also across the country and abroad. To exploit the goodwill of the plaintiff's company the defendant has, adopted the word “Aachi” fraudulently with malafide. Permitting the defendant to carry on his trade under the trade name “Sudali Aachi Provision” will definitely create confusion in the minds of the customers.
Madras High Court Cites 36 - Cited by 0 - G Jayachandran - Full Document

M/S. Shine Chem Laboratories, A ... vs Standard Reagents Private Limited, ... on 29 April, 2016

15. A descriptive trade mark may be entitled to protection if it has assumed a secondary meaning which identifies it with a particular product or as being from a particular source. A mark which is prima facie descriptive will only be protected if it can be shown to have acquired secondary meaning that is to say, if it has become distinctive of the respondent/plaintiff. No doubt, injunction can be granted in respect of passing off action even in respect of descriptive word when the same has attained secondary meaning as held in T.V.Venugopal v. Ushodaya Enterprises Ltd.s case (supra), wherein it is held as follows:
Andhra HC (Pre-Telangana) Cites 18 - Cited by 0 - A R Reddy - Full Document

Unknown vs M/S.Sujatha Match Works on 12 July, 2024

j.The Hon'ble Supreme Court, in the case of T.V. Venugopal vs. Ushodaya Enterprises Ltd & Anr [(2011) 4 SCC 85] protected the rights vested with the Respondent therein with respect to the mark "Eenadu" that was used by the Appellant and Respondents therein with respect to completely different set of goods i.e, with respect to Agarbathies and 68/75 https://www.mhc.tn.gov.in/judis C.S. No.310 of 2014 Newspapers Publications respectively. The Court held that "User of similar word by a competitor, coupled with dishonest intention and bad faith, would empower a Court to restrain such user/misuser to do equitable justice to the aggrieved party." The Hon'ble Supreme Court in the above case has protected the mark, "Eenadu" of the Respondent/Plaintiff, predominantly in view of the "extraordinary reputation and goodwill" of their mark and deliberate misrepresentation and bad faith of the Appellants in adopting a similar mark for their business. In the present case, the well known mark CYCLE transcends the divide of classifications and therefore, any use of the mark in any goods/services is bound to be restrained.
Madras High Court Cites 33 - Cited by 0 - P Velmurugan - Full Document
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