register of Trade Marks as sole owner
and proprietor of trademark "OCLEG" in the interest of
justice;
(B) YOUR LORDSHIPS be pleased ... thereby carrying out the change in the
trademark register and showing the name of respondent
no.1 as proprietor and owner of trademark "OCLEG
identical and/or deceptively similar to the plaintiff's registered
trademark "VADHIYAR BIJ" till the suit is finally disposed of.
2. Pursuant ... read with Rule 62 (1) of the T.M. Rules for
having trademark "VADHIYAR BIJ" by applying on 7.7.2010. Prior
to submission
suits are filed for passing off action concerning the use of
trademark 'Radheshyam'.
3. As per the case of the respondent ... Ahmedabad partly allowed the application and restrained the
appellant from using the trademark "Radheshyam" till disposal of the
suit by order dated
identical and/or deceptively similar to the plaintiff's registered
trademark "VADHIYAR BIJ" till the suit is finally disposed of.
2. Pursuant ... read with Rule 62 (1) of the T.M. Rules for
having trademark "VADHIYAR BIJ" by applying on 7.7.2010. Prior
to submission
cause as to why the gain arising on transfer of goodwill and
trademark should not be treated as Short Term Capital Gain
Page ... sale of goodwill to
the extent of Rs.2 Crores and trademark of Rs.6,42,70,302/-
and profit arising on such transfer should
Solmec Earthmovers Equipments vs Registrar Of Trademarks on 16 January, 2017
Author: R.M.Chhaya
Bench: R.M.Chhaya
C/SCA/4608/2016 ORDER ... SOLMEC EARTHMOVERS EQUIPMENTS....Petitioner(s)
Versus
REGISTRAR OF TRADEMARKS....Respondent(s)
==========================================================
Appearance:
MR HIREN U TRIVEDI, ADVOCATE for the Petitioner(s) No. 1
MR KSHITIJ
outright purchase of capital assets being
intangibles in the form of goodwill, trademark and technical
knowhow.
5. ....Its case is that the transactions ... agreements and clauses there under reveal that assessee had
purchased goodwill, trademark and technical knowhow from
Colour Ltd, outright. M/s. Colour Limited ("seller
4444/2017 ORDER
permanent injunction restraining the defendant from using the
identical trademark / trade name MARSHAL or any name which is
deceptively similar ... trademark MARSHAL amounting to
passing off of the defendants' good as those of the plaintiff.
5. During pendency of the said suit, the defendant
4444/2017 ORDER
permanent injunction restraining the defendant from using the
identical trademark / trade name MARSHAL or any name which is
deceptively similar ... trademark MARSHAL amounting to
passing off of the defendants' good as those of the plaintiff.
5. During pendency of the said suit, the defendant
appellant prayed for temporary injunction restraining the respondent
- the defendant from using trademark "JARAWALA" or any other
trademark which may be identical / deceptively ... similar to the
trademark "JARAWALA" and from committing any act of passing of by
using the trademark "JARAWALA".
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