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Ruston & Hornsby Ltd vs The Zamindara Engineering Co on 8 September, 1969

In Ruston and Hornby Limited Vs. Z. Engineering Co. AIR 1970 SC 1649 their Lordships of the Apex Court held that in a suit for perpetual injunction for the infringement of trade mark, it is not necessary to prove actual deception or damage. It is enough if there is probability of confusion between the goods by the use of mark which resembles the registered trade mark of the owner. In the said case the registered trade mark was Ruston. The competitor started using the trade mark Ruston India, but even that was held to be an infringement.
Supreme Court of India Cites 11 - Cited by 289 - V Ramaswami - Full Document
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