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Oerlikon-Schweisstechnik Ag vs Satyam Cycles Pvt. Ltd. And Anr on 4 October, 2023 cites

Hindustan Pencils (P) Ltd. vs India Stationery Products Co. And Anr. on 23 January, 1989

"[...] 15.3 With regard to the submissions of the petitioners that order of the IPAB is based on surmises and conjectures and not on the evidence on record, it may be necessary to point out here, that in terms of Section 92 of the Trade Marks Act, the IPAB was not bound by the procedure under the CPC but was guided by principles of natural justice. While considering any application for rectification of a mark, the IPAB/Court has to take into account public interest. It is in the interest of the public that the purity of trade mark Register, has to be maintained. As far back as in Hindustan Pencils (P) Ltd. Vs. India Stationery Products Co., AIR 1990 Del 19, it was held that though in an action for infringement of trade mark if the interim injunction is not granted, the plaintiff when ultimately succeeds C.O. (COMM.IPD-TM) 357/2021 & connected matters Page 6 of 7 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/10/2023 at 20:52:31 can always be compensated by awarding damages for the loss suffered but during the period the defendant is allowed to continue to infringe the trade mark, it is the consumer or the purchaser who alone suffers and who ultimately cannot be compensated; therefore, in order to curb the menace of manufacture, production and sale of spurious goods and the blatant violation of intellectual property, it will be proper for the Court to take into consideration the interest of the general public."
Delhi High Court Cites 4 - Cited by 31 - B N Kirpal - Full Document

Mr. Sanjay Chadha Trading As Eveready ... vs Union Of India And Another on 7 May, 2021

Similarly, in a recent decision, Mr. Sanjay Chadha trading as Eveready Tools Emporium and Anr. v. Union of India and Anr., 2022:DHC:614, a coordinate bench of this Court reiterated the importance of safeguarding the Trade Mark Register's purity, affirming its significance for the public's interest. The relevant portion of the said decision is as follows:
Delhi High Court - Orders Cites 0 - Cited by 1 - P Jalan - Full Document
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