present suit seeking an injunction against the defendant in respect of the user of the trademark 'Zoloft' and 'Geodon' on grounds ... plaintiff.
The defendants have not claimed to have been a long user of these trademarks. The defendants have also admitted that the plaintiff had registrations
Section. The Court declared that inasmuch as the Government had considered long user of the premises while holding the eviction of the occupant
been using its trading style and trade mark for quite a long period and continuously, whereas the defendant has entered into the said field only ... plaintiff is associated,a re the same or similar;
(vi) that the user of the same trade mark or trade name by the defendant
(India Tv) Independent News Service Pvt ... vs India Broadcast Live Llc And Ors. on 10
user of the mark in question also took note of the fact that defendants too had been using the mark for quite a long time ... would suffer irreparable loss and injury. While, prior user favored plaintiff long user favored the defendants. The court, therefore held that the defendants could
used basis". Therefore, the defendant's claim of long prior user is certainly not borne out from its application which was advertised ... mark acquire secondly meaning on account of constant and long user. Fourth category is of 'indirectly descriptive words'. These words are those which
debarred from himself using such name or mark. But even long user by another, if fraudulent, does not affect the plaintiffs right to a final ... imposing the limitation which he imposed.
13. The user of trademark by the defendant since a long time is not in dispute. Therefore para
since long. Mr.Patel further submitted that the plaintiffs are estopped from asking any relief, as the defendants are doing their business since long ... have come in the market and it is a case of long user. Mr.Patel also submitted that trial Court should not have granted
proved with by pending (sic?) express dedication or by long user of the property as such. In the instant case, the only evidence of user ... which cannot be held to be sufficient proof to show long user. The evidence of dedication is only oral gift by certain persons. There
sufficient to entitle such user to relief in a passing off action against the registered user of such mark. The legal position in that regard ... WHIRLPOOL". The plaintiff in that background and because of long user claimed the ownership of "WHIRLPOOL" as a trademark of global repute
