passed by the 4th Additional District Judge,
Mehsana at Visnagar in Trademark Suit No. 1 of 2024.
Page 1 of 57
Uploaded by MOHD MONIS ... partnership firm - SMV.
2.8 The plaintiff applied for the registration of the
trademark "ARJUN" on 10th August, 1993. The trademark
certificate was issued
cannot file a suit for infringement against another
registered proprietor of a trademark and the original
defendants are also registered proprietor of the 'WINDOWS ... present petitioners - defendants. In fact petitioners - defendants
have opposed plaintiff's trademark applications on the ground
that the goods and services and the claim
advertisement expenses which
establishes goodwill and reputation of the plaintiffs. That
the trademark/ label/package "WAGH BAKRI" along with
Page ... plaintiffs and none else.
3.3. The plaintiffs have also referred to various trademarks
and also copyrighted and labels and has stated that the
labels
manufacturing, marketing advertising for Sales, the
defendant's products under the Trademark /Label "VIMAL" "TM
Application No. 4352164 including ... from committing an act of infringement of the
plaintiff's registered Trademark/labels and from committing an act of
passing of the plaintiffs
crores
received by the assessee for assignment
of trademark / brand name was liable to
tax as capital gain?"
(3) In Tax Appeal No.1235 ... directing to treat the trade
receipt on account of sale of trademark of
Rs.29.10 Crore as capital gain?"
Thus
2019 CAV JUDGMENT DATED: 22/12/2022
trademark SHEETAL. That thereafter in the year 2000, the
plaintiff adopted and started two other brands/ trademarks
RAJSHREE ... According to
the plaintiff, he is the true owner of the said Trademark
SHEETAL, MAYUR and RAJSHREE and is using the same
continuously, exclusively
business of manufacturing, marketing and
selling varieties of ceramic items under the Trademark and
Trade name "Simero" since 2014 continuously, extensively,
exclusively, openly ... country
as well as abroad.
2.1 That the plaintiff applied for trademark registration of its
trade name "Simero" along with other application
insignificant and
unnoticeable difference. Whereas, in case of 'deceptively
similar' trademark, though impugned trademark may not
be 'replica' of the registered ... trademark, however the
impugned trademark resembles the registered trademark
in a substantial degree on account of extensive use of
the main and prominent features
perpetually from manufacturing, marketing and selling
of the edible lime using the Trademark in label
SIDDHI along with the placement of feature, layout ... plaintiff and
be further restrained for the infringement of the
registered trademark of the plaintiff.
B. The defendants, its partners, its successors,
servants, agents, assignees
provisions of CPC and also the provisions of
Copyright Act and Trademarks Act , the appeals are heard
together and decided by this common judgment ... also acquired
registration of Copyright in the year 2014, whereas the
trademark registration was still pending; that the defendant
no.1 is their relative
