effect on transactions under or relating to this
AGREEMENT (II) no trade usage shall be used to explain
or supplement this AGREEMENT even if either ... both
PARTIES were aware or should have been aware of such
trade usage; and (iii) this AGREEMENT prevails over any
general terms and conditions
Larsen And Toubro Ltd vs Hindustan Petroleum Corpn. And Anr on 16 September, 2016
Author
cart was well known in the trade, widely used in the trade
with Portugal and was of common usage amongst those engaged in the port ... wine
trade in connection with such trade. The learned Judges found that the
representation of a Portuguese bullock cart was used by the trade
Hindustan Petroleum Corporation Ltd vs Larson And Tourbo Limited on 16 September, 2016
Author: Anoop
plaintiff that the plaintiff was using the said
trade mark and the trade name since last more than 28 years prior to the date ... said trade name and
and trade mark under class 19, and after following the due procedure the said trade
name and trade mark has been
plaintiff that the plaintiff was using the said
trade mark and the trade name since last more than 28 years prior to the date ... said trade name and
and trade mark under class 19, and after following the due procedure the said trade
name and trade mark has been
weight of any evidence just
cannot be overlooked.
Substantial laws-customs-commercial usages and
practice
(xx) The Arbitrator is bound by the substantive laws ... laws and practice and
principle apart from the custom and usage of the trade
referring the business and commerce between the
parties, in all respects
challenge under section 34
of the Arbitration Act.
Substantial laws customs commercial usages and practice
(xx) The Arbitrator is bound by the substantive laws ... laws and practice and principle apart from the custom and
usage of the trade referring the business and commerce between the
parties, in all respects
PRONOUNCED ON : 12th July 2016
JUDGMENT:
1. This is a suit in trade mark infringement and passing off in
relation to --I shall ... exclusivity over the word 'control'. It claims
extensive and continuous usage since. As regards Garware's other
marks, SUN CONTROL Classic
Considering that in a trade mark dilution claim, what is of
essence is the distinctiveness of the registered trade mark with particular
reference ... show that the nature and extent of international reputation of
their trade mark is such that it can be said to be well-known even
