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Sauss Home Products Private Limited vs Reckitt Benckiser India Private ... on 7 February, 2026
cites
Section 10 in The Trade Marks Act, 1999 [Entire Act]
Section 10 in The Code of Civil Procedure, 1908 [Entire Act]
Wander Ltd. And Anr. vs Antox India P. Ltd. on 26 April, 1990
74. At a prima facie stage, and keeping in mind the principles in
Wander v. Antox, we do not see any basis for disagreeing with the
findings of the learned Single Judge. There is no perversity in the
manner in which the learned Single Judge has appreciated the
evidence before him, and this Court, in exercise of its appellate
jurisdiction, cannot re-appreciate the sufficiency of evidence. At the
very least, therefore, we agree with the learned Single Judge that the
commencement of user of the Flying Bird device mark by the
respondent would be entitled to be treated as 2000.