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1 - 10 of 23 (0.64 seconds)Section 46 in The Trade Marks Act, 1999 [Entire Act]
Section 111 in The Trade Marks Act, 1999 [Entire Act]
Section 56 in The Trade Marks Act, 1999 [Entire Act]
T.V. Venogopal vs Ushodaya Enterprises Ltd. & Anr on 3 March, 2011
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:
The Trade And Merchandise Marks Act, 1958
The Code of Civil Procedure, 1908
Section 107 in The Trade Marks Act, 1999 [Entire Act]
Colgate Palmolive Company And Anr. vs Anchor Health And Beauty Care Pvt. Ltd. on 29 October, 2003
29. Granting injunction in a case of similarity in trade dress, colour
scheme and manner of writing, this Court in (2003) 27 PTC 478 Colgate
Palmolive Company v. Anchor Health and Beauty Care Pvt. Ltd., held :
Geepee Ceval Proteins And Investment ... vs Saroj Oil Industry on 29 May, 2003
26. Plea of the defendant that since the defendant uses the word Argan in
between the two words Morrocon and Oil, there is a distinction between the
trademarks of the plaintiff and defendant is answered by this court in 2003
SCC OnLine Del 534 Geepee Ceval Proteins and Investment Pvt. Ltd. v.
Saroj Oil Industry, wherein it was held: