requirements in Article 279A(7). Every decision flows from one common
source;
(xxxi) The GST Council is the only constitutional body which acts
Plain tiff
asserts trademark rights in the registered designs besides invoking the
common law remedy of passing off. These are self-destructive pleas ... plaint wherein suit designs h ave been
referred to as a 'source identifier', 'trademark', 'trade dress' or identifier
having a common ancestor or
origin (of languages or words) having a common source or
root (of subjects etc.) related, naturally grouped together.".
Cognate
having a common ancestor or origin (of
languages or words) having a common source or
root (of subjects etc.) related, naturally grouped
Signature Not Verified
Present suit is not maintainable as the trade name MINDA is a
common name and also the name of a village in District Nagaur ... having a common ancestor or origin (of
languages or words) having a common source or root (of
subjects etc.) related, naturally grouped together.". Cognate
being developed in a different
manner, it is manifest that the source being common,
similarities are bound to occur. In such a case the courts
second test is whether the goods are derived from a common
source. Once again, he submitted that idly and dosa batter and dairy
products ... originate from a common source. By drawing reference to
the cross examination of P.W.1 and, in particular, questions
each other showing that the answers were
deliberately copied from a common source. Thereafter, the answer booklets were
changed but in the process, a mistake ... also revealed
that the answers were deliberately copied from a common source.
12. Records reveal that the Controller of Examinations ordered the College
authorities
namely, (1) mere chance;
(2) both works being taken from a common source; (3) the plaintiff's work ... Defendants' claim
originality, the two works are not from a common source. Therefore, the
Plaintiff contends that the only reasonable conclusion is that
from the place of
occurrence, appeared to be from the same common source. Such report
confirmed the incident and place of occurrence and corroborated