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M/S. Itc Limited vs Nestle India Limited on 10 June, 2020 cites

Satyam Infoway Ltd vs Siffynet Solutions Pvt. Ltd on 6 May, 2004

In Satyam Infoway Ltd. Vs. Siffynet Solutions (P) Ltd., (2004) 6 SCC 145, the Hon’ble Supreme Court was concerned with an invented / coined word “Sify” and held that in “An action for passing off, as the phrase “passing off” itself suggests, is to restrain the defendant from passing-off its goods or services to the public as that of the plaintiff's. It is an action not only to preserve the reputation of the plaintiff but also to safeguard the public. The defendant must have sold its goods or offered its services in a manner which has deceived or would be likely to deceive the public into thinking that the defendant's goods or services are the plaintiff's. The action is normally available to the owner of a distinctive trade mark and the person who, if the word or name is an invented one, invents and uses it. If two trade rivals claim to have individually invented the same mark, then the trader who is able to establish prior user will succeed. The question is, as has been aptly put, who gets these first? It is not essential for the plaintiff to prove long user to establish reputation in a passing-off action. It would depend upon the ____________ http://www.judis.nic.in Page No 85 of 112 C.S.No.231 of 2013 volume of sales and extent of advertisement.
Supreme Court of India Cites 7 - Cited by 155 - R Pal - Full Document
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