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1 - 10 of 18 (0.74 seconds)Section 21 in The Trade Marks Act, 1999 [Entire Act]
The Bombay Shops and Establishments Act, 1948
The Trade Marks Act, 1999
Section 8 in The Trade Marks Act, 1999 [Entire Act]
Section 10 in The Trade Marks Act, 1999 [Entire Act]
Fedders North American vs Show Line And Ors. on 12 May, 2006
(a) In Fedders North American v. Show Line, reported in 2006 (32)
PTC 573 (DEL), it has been held that after termination of the
agreement dated 21st May, 1956, plaintiff had given right to defendant
No. 18 to use the trade mark "Fedders" for a period of five years, by
virtue of the agreement dated 11th October, 1963. It was held that
after this period came to an end in the year 1968, use of trade mark
"Fedders" by defendant No. 18 from 1968 onwards was not in line
with the rights available to the plaintiff as a registered proprietor of
trademark "Fedders".
Rob Mathys India Pvt. Ltd. vs Synthes Ag Chur on 29 May, 1997
(b) In Rob Mathys India Pvt. Ltd. v. Synthes Ag Chur, reported
in 1997 (17) PTC 669 (DB), this Court echoed the view expressed by
the Supreme Court in Power Control Appliances v. Sumeet Machines
Pvt. Ltd., reported in 1994 (2) SC 17 to the effect that it is a settled
Signature Not Verified
Digitally Signed CS(COMM) 602/2018 Page 29 of 54
By:AMAN UNIYAL
Signing Date:20.01.2025
15:31:26
principle of law relating to trademarks that there can be only one
mark, one source and one proprietor. A trademark cannot have two
origins. It was held that after termination of the collaboration
agreement between the parties to that litigation, the appellant
therein, not the owner of the trademark, could not use the word
"Synthes" or the trademark "AO/ASIF" after revocation of the
collaboration agreement.
Power Control Appliances vs Sumeet Machines Pvt. Ltd on 8 February, 1994
(b) In Rob Mathys India Pvt. Ltd. v. Synthes Ag Chur, reported
in 1997 (17) PTC 669 (DB), this Court echoed the view expressed by
the Supreme Court in Power Control Appliances v. Sumeet Machines
Pvt. Ltd., reported in 1994 (2) SC 17 to the effect that it is a settled
Signature Not Verified
Digitally Signed CS(COMM) 602/2018 Page 29 of 54
By:AMAN UNIYAL
Signing Date:20.01.2025
15:31:26
principle of law relating to trademarks that there can be only one
mark, one source and one proprietor. A trademark cannot have two
origins. It was held that after termination of the collaboration
agreement between the parties to that litigation, the appellant
therein, not the owner of the trademark, could not use the word
"Synthes" or the trademark "AO/ASIF" after revocation of the
collaboration agreement.
Baker Hughes Ltd. And Anr. vs Hiroo Khushlani And Anr. on 16 July, 2004
(d) In Baker Hughes Limited v. Hiroo Khushalani, reported in 1998
PTC (18) 580, this Court held as under:--