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1 - 10 of 11 (0.48 seconds)The Code of Civil Procedure, 1908
Section 31 in The Trade Marks Act, 1999 [Entire Act]
Bhole Baba Milk Food Industries Ltd. vs Parul Food Specialities Pvt. Ltd. on 17 October, 2011
(iii) 2011 SCC online De 4422 [Bhole Baba Milk Food Industries v. Parul Food Specialties Pvt. Ltd. wherein, the Apex Court, in paragraph Nos. 12, 18 and 19, held as follows:-
The Registrar Of Trade Marks vs Ashok Chandra Rakhit Ltd on 15 April, 1955
19. The distinctiveness to which the appellant can lay a claim is to what it has got registered as a whole and such registration cannot possibly give an exclusive statutory right to the appellant qua a particular word of common origin. The ratio of law in the decision reported as AIR 1955 SC 558 The Registrar of Trade Marks vs. Ashok Chandra Rakhit Ltd. is squarely attracted.
Kaviraj Pandit Durga Dutt Sharma vs Navaratna Pharmaceutical ... on 20 October, 1964
Similarly, in Durga Dutt Sharmas case (supra), it was observed that in an action for infringement, the plaintiff must, no doubt, make out that the use of the defendants mark is likely to deceive, but where the similarity between the plaintiffs and the defendants mark is so close either visually, phonetically or otherwise and the court reaches the conclusion that there is an imitation, no further evidence is required to establish that the plaintiffs rights are violated.
The National Sewing Thread Co., Ltd., ... vs James Chadwick And Bros., Ltd., A ... on 9 December, 1947
(See the cases quoted in N.S. Thread & Co. Vs. Chadwick & Bros. AIR 1948 Mad 481 which was a passing-off action.)
Automatic Electric Limited vs R.K. Dgawan & Anr. on 6 January, 1999
(iii) 1999 (19) PTC 81 [Automatic Electric Ltd. v. R.K.Dhawan and another] wherein, the High Court of Delhi held that a person claiming exclusive right over an expression cannot change same expression as generic.
Corn Products Refining Co. vs Shangrila Food Products Ltd. on 8 October, 1959
This is evident from the decisions of this Court in the cases of National Sewing Thread Co. Ltd.s case (supra), Corn Products Refining Companys case (supra), Amritdhara Pharmacys case (supra), Durga Dutt Sharmas case (supra), Hoffmann-La Roche & Co. Ltd.s case (supra).
Bhole Baba Milk Food Industries Ltd. vs Parul Food Specialities (P) Ltd. on 19 January, 2011
(ii) 2011 (121 DRJ 536 [ Bhole Baba Milk Food Industries v. Parul Food Specialties (P) Ltd] wherein, the High Court of Delhi, in paragraph Nos 14.2 to 14.6, held as follows:-