above argument is that the word "Goenka" is publici
juris or at least in prior common use by other persons/institutions ... surname commonly used in India? Is the surname „Goenka‟ publici
juris?
FAO (OS) No. 118/2009 Page 8
(iv) Is not the appellant entitled
being an
abbreviation of the generic term ‗MEROPENEM' was publici juris.
Consequently, the appellants/plaintiffs in that case were held not
entitled to claim ... feature in both the competing marks ‗MERO' being
descriptive and publici juris, the customers would tend to ignore the
common feature and would
plaintiff? OPP
12. Whether the word mark ―LIV‖ is Publici juris
and if so, to what effect? OPD
13. Whether the suit suffers from delay ... issue No.12 whether the word mark ‗LIV' is publici juris were decided
against the plaintiff and on the basis of findings arrived
sink into a common use? What are the tests of Publici juris? Upon whom lies the onus, in a contest, to prove the elements publici ... Mark was thus common to the trade. It was either publici juris from the outset, or it had later become so, and the Mark
respondent, the mark has lost its distinctiveness and has "become publici juris, Consequently the plaintiff/respondent herein has lost his exclusive right with respect ... trade mark owned by him nor the same has become publici juris nor can it be said that the respondent is trafficking in his trade
contained in Section 6 of the Act. The words are publici juris and their use is disentitled to protection in a court of justice ... make conjectures about its exact composition. The trade mark is not publici juris and in any case it was not at the time
single Judge further held that the word "PIO" is publici juris and the plaintiff/applicant had no monopoly over the same and that ... there is no deceptive similarity and the word is a publici juris and the plaintiff has no monopoly over it.
24. Before we go into
mark. Thus, the trade mark "WOODS" has also become publici juris i.e. common to the public. However, the Respondent had changed ... trade mark is only "WOODS" which has become publici juris and that in the event of the Respondent have to discontinue the registered
lost their exclusive right of trade mark as it has become publici juris in the market.
It is not necessary to refer to the general ... expressly pleaded that the plaintiffs' trade mark had become publici juris and that the defendants were taking steps to rectify the Register of Trade
names Sanatogen and Formamint ceased to be distinctive and became publici juris as alleged by them. The evidence that they have ... trade mark, Then the question is, has it become publici juris? and there is no doubt, I think, that a word which was originally
