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1 - 10 of 17 (3.62 seconds)Section 2 in The Trade Marks Act, 1999 [Entire Act]
Poddar Tyres Ltd. vs Bedrock Sales Corporation Ltd. And ... on 21 July, 1992
In the decision of Poddar Tyres Limited Vs. Bedrock Sales
Corporation Limited and another (supra) the learned Single Judge of
this Court has relied on the following observations of the Division Bench
of this Court in Express Bottlers Services Pvt.Ltd. Vs. Pepsico Inc.
(Appeal No.436 of 1989 in Notice of Motion No.1920 of 1988 in Suit
No.2903 of 1986) decided on 8th February 1991 which reads thus :-
Section 30 in The Trade Marks Act, 1999 [Entire Act]
James Chadwick & Bros. Ltd. vs The National Sewing Thread Co. Ltd. on 16 March, 1951
In James Chadwick & Bros Ltd. Vs. The National Sewing
Thread Co. Ltd., reported in AIR 1951 Bom.
Automatic Electric Limited vs R.K. Dgawan & Anr. on 6 January, 1999
In Automatic Electric Limited v. R.K.
Dhawan and Anr. 1999 PTC (91) 81 this Court has in
similar circumstances repelled the contention and held,
that since the Defendant had itself sought to claim a
proprietary right and monopoly in "DIMMER DOT", the
disputed trade mark it did not lie in its mouth to say that the
said mark was a generic expression. The Court observed:
The National Sewing Thread Co., Ltd., ... vs James Chadwick And Bros., Ltd., A ... on 9 December, 1947
Emami Ltd., GA Nos. 2951 and 3976 of 2007 and CS No.204 of 2007,
Paragraph 35 of the said decision is relevant and is reproduced
hereunder: