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Vishnudas Trading As Vishnudas vs The Vazir Sultan Tobaccoco. Ltd. ... on 9 July, 1996

The learned Judge has also dealt with the legal provisions in relation to the products marketed by the appellant and the respondents and found that no oral evidence is required to decide the issue involved in this case. The main question is as to whether the respondents are entitled to register the trademark in the name of PATANJALI AAROGYA and the learned single Judge, applying the principle laid down by the Hon’ble Supreme Court in Vishnudas Trading case (cited supra), finding that the goods falling under clause 30 (biscuits) are entirely different from the goods falling under clause 29 (milk and milk products) and the respondents are protected under Section 28(3) of the Trade Marks Act, and also the scope of Order XIII Rule 3 of the Civil Procedure Code, as amended in the Commercial Courts Act, empowering the Court to pass a summary judgment, has allowed the application filed by the respondents and dismissed the suit of the appellant.
Supreme Court of India Cites 38 - Cited by 42 - G N Ray - Full Document
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