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1 - 10 of 28 (0.96 seconds)H.M. Saraiya Ors. vs Ajanta India Ltd. And Anr. on 7 March, 2006
n. Therefore, in this case allied /cognate goods service which are not
identical, but it can be said to be related or similar in nature. The Bombay
High Court in the case of H.M. Saraiya Ors. Vs. Ajanta India Ltd. and
Anr, [2006 (33) PTC 4 (Bom), had held that;
Tata Sons Ltd. vs Manoj Dodia & Ors. on 28 March, 2011
12.07.2024
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Index : Yes / No
Speaking Order : Yes / No
Neutral Case Citation : Yes/No
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P.VELMURUGAN. J.
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Mahendra T.Thakkar vs N. Ranga Rao & Sons Pvt. Ltd on 28 April, 2018
In the earlier cases filed by the plaintiff, this Court passed order,
which shows that Trade mark Registry specifically declared that the mark
CYCLE is well known and for which, the learned counsel for the plaintiff
also relied on the decision of this Court in the case of Mahendra
T.Thakkar and another Vs. N. Ranga Rao & Sons Pvt. Ltd., dated
25.10.2019 in A.Nos.7501 and 7502 of 2018 in C.S.No.296 of 2018
wherein, this Court has held:
Daimler Benz Aktiegesellschaft And ... vs Hybo Hindustan on 10 November, 1993
In the case of Daimler
Benz Aktiegesellschaft and Ors. vs. Hybo Hindustan [AIR 1994 Delhi
The Trade Marks Act, 1999
T.V. Venogopal vs Ushodaya Enterprises Ltd. & Anr on 3 March, 2011
j.The Hon'ble Supreme Court, in the case of T.V. Venugopal vs.
Ushodaya Enterprises Ltd & Anr [(2011) 4 SCC 85] protected the rights
vested with the Respondent therein with respect to the mark "Eenadu" that
was used by the Appellant and Respondents therein with respect to
completely different set of goods i.e, with respect to Agarbathies and
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Newspapers Publications respectively. The Court held that "User of similar
word by a competitor, coupled with dishonest intention and bad faith,
would empower a Court to restrain such user/misuser to do equitable
justice to the aggrieved party." The Hon'ble Supreme Court in the above
case has protected the mark, "Eenadu" of the Respondent/Plaintiff,
predominantly in view of the "extraordinary reputation and goodwill" of
their mark and deliberate misrepresentation and bad faith of the Appellants
in adopting a similar mark for their business. In the present case, the well
known mark CYCLE transcends the divide of classifications and therefore,
any use of the mark in any goods/services is bound to be restrained.
Blue Hill Logistics Private Ltd vs Ashok Leyland Limited on 5 May, 2011
(8) Judgment of a learned Single Judge
of the Calcutta High Court in the case of Assam
Roofing Ltd. and Ors. Vs. JSB Cements LLP
and Ors. [G.A.No.1412 of 2015 and C.S.No.106
of 2015 dated 09.12.2015)
(9) Judgment of a Division Bench of this
Court in the case of Blue Hill Logistics Private
Ltd. Vs. Ashok Leyland Ltd. and Ors. [O.S.A.
Nos.7 and 8 of 2011 dated 05.05.2011].
N.Ranga Rao & Sons Private Limited vs Sriman Industries on 5 August, 2004
https://www.mhc.tn.gov.in/judis
C.S. No.310 of 2014
b. In the case of N.Ranga Rao and sons Private Limited Vs.
Sriman Industries, unreported judgment in C.S.No.260 of 2017 dated
04.11.2019, this Court, while deciding the question as to whether the
Agarbathis and Benzoin (Sambrani) are allied and cognate, proceeded to
restrain the defendants' use of the mark CYCLE in respect of Sambrani,
holding that,
"26. Admittedly, the Plaintiff has registered
mark under Class 3 and have reputation not only to
Aagarbathies but also pooja products....
Honda Motor Company Limited vs Kewal Brothers And Anr. on 9 September, 1999
In the case of
Honda Vs. Kewal Brothers, the Calcutta High Court states that the
infringement must be from the date when defendant adopted the mark and
not the date of the suit. Thus, 1995 must be date for the plaintiff to prove
use, reputation or anything connected to the trade mark CYCLE. Except
for the registrations, there is nothing on record to show the use since 1995.
The concepts of use and registration are separate and divergent.
Registration alone, devoid of actual use, does not hold value, whereas
genuine use, even without registration, is considered valid.