disputed trade mark. It is, therefore,
submitted that if at all the plaintiff claimed ownership and
proprietorship over the disputed trade mark, then the goods ... provisions contained under the Trade Mark Act and submitted
that even unregistered trade mark can be assigned. Mr.Bhagat
submitted that Kunvar Ajay Foods
stated in an action for passing off on the basis of unregistered
trade mark generally for deciding the question of deceptive
similarity the following factors
undertaking or any property of the company
including stock-in-trade; (g) a charge on calls made but not paid;
(h)
a charge ... patent or a licence under a patent, on a
trade mark, or on a copyright or a licence under a copyright
defendant would result in unfair and unjust enrichment for the
respondent by trading in the goodwill and reputation of the
appellant.
2.06. Mr.Mihir
Thakore ... have derived from
generic name of the product and both are unregistered and related to
same treatment and other similar products are available
Eagle vs International on 2 January, 2012
Author: Mohinder Pal
Bench: Mohinder Pal
AO/6
