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1 - 10 of 38 (0.38 seconds)Section 29 in The Trade And Merchandise Marks Act, 1958 [Entire Act]
Capital Plastic Industries vs Kappy Plastic Industries on 21 May, 1988
In Capital Plastic Industries v. Kapital Plastic Industries (supra) appellant started using the trade mark 'RAHBER' in 1985 after abandoning the trade mark 'RABBER' used since 1983. Respondent also claimed use of trade mark 'RAHBER' since 1985. The Court held that when both the appellant and respondents are Pirators of registered trade mark of another party. Interim injunction cannot be granted.
The Trade And Merchandise Marks Act, 1958
Section 105 in The Trade And Merchandise Marks Act, 1958 [Entire Act]
Section 106 in The Trade And Merchandise Marks Act, 1958 [Entire Act]
Dharam Pal Satya Pal vs Janta Sales Corporation on 4 April, 1990
53. Dharam Pal Satya Pal v. Janta Sales Corporation (supra), is a judgment where the dispute was between two trade marks 'RAJNI' and 'RAJANI'. Plaintiff was manufacturing and selling chewing tobacco under the trade mark 'RAJNI' since 1980 in containers of artistic design, colour combination etc. and was also a registered holder of copyright. Defendant started marketing paan masala under a similar trade mark 'RAJANI' since 1985. The plaintiff prayed for injunction. The High Court held :
Section 12 in The Trade And Merchandise Marks Act, 1958 [Entire Act]
Power Control Appliances vs Sumeet Machines Pvt. Ltd on 8 February, 1994
In Power Control Appliances and others v. Sumeet Machines Pvt. Ltd. (supra). The appellant was marketing kitchen mixies since 1964 under trade mark "SUMEET" which was registered in 1970. Trade mark was assigned to second appellant in 1981 who started manufacturing in 1984 and copied the designs and trade mark "SUMEET". Respondents claimed acquiescence by appellant. On these facts, the Apex Court held that were silence is not acquiescence, there should be some positive act showing consent.
Avis Internatioinal Ltd. vs Avi Footwear Industries And Anr. on 10 August, 1990
In Avis International Ltd. v. Avi Footwear Industries and another (supra), the plaintiff was registered owner of trade mark "AVIS" in respect of hosiery, wearing apparel and footwear. Defendant alleging non-user of trade mark in respect of footwear by plaintiff for five years applied for deletion of word "footwear" from the entry in register of trade mark. Defendant started marketing footwear under the trade mark "A VIS". Plaintiff was granted temporary injunction against defendant. The defendant prayed that injunction be vacated on these facts it was held :