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1 - 5 of 5 (1.22 seconds)The Trade Marks Act, 1999
Kaviraj Pandit Durga Dutt Sharma vs Navaratna Pharmaceutical ... on 20 October, 1964
17. As to what are the standards applicable to such actions claiming infringement is no
longer open to debate; they have evolved and applied through a series of decisions of the
Supreme Court and other High Courts in India, starting with the judgment reported as Kaviraj
Pandit Durga Dutt Sharma v. Navratna Pharmaceutcal Laboratories, AIR 1965 SC 980;
Corn Product Refinding Co. v. Shangrila Food Products Ltd., AIR 1960 SC 142; Amritdhara
Pharmacy v. Satya Deo Gupta, AIR 1963 SC 449 onwards.
Corn Products Refining Co. vs Shangrila Food Products Ltd. on 8 October, 1959
17. As to what are the standards applicable to such actions claiming infringement is no
longer open to debate; they have evolved and applied through a series of decisions of the
Supreme Court and other High Courts in India, starting with the judgment reported as Kaviraj
Pandit Durga Dutt Sharma v. Navratna Pharmaceutcal Laboratories, AIR 1965 SC 980;
Corn Product Refinding Co. v. Shangrila Food Products Ltd., AIR 1960 SC 142; Amritdhara
Pharmacy v. Satya Deo Gupta, AIR 1963 SC 449 onwards.
Midas Hygiene Industries P. Ltd. And ... vs Sudhir Bhatia And Ors. on 22 January, 2004
21. On a consideration of all the above aspects, the Court is of the opinion that the
plaintiff has established a prima facie case for grant of temporary injunctive relief sought for.
According to the holding in Midas Hygiene (supra), once such a test is established in
infringement actions, the Courts ordinarily should not withhold relief. In these circumstances,
the applications for injunction are allowed. The defendant is hereby restrained from using the
mark and word "VARDHMAN" in relation to their trade or corporate name or the services
offered by it or on its behalf by anyone else, so as to indicate a linkage with the plaintiff's
corporate name or trademark. IA 7674/2009 is allowed in the above terms, in this view no
orders are called for in IA 6139/2008.
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