goods as those of plaintiffs' by using the plaintiffs' Trade Mark Act is an action at common law and is not barred ... registered trade mark and its infringement, is to be treated as one based on statutory right under the Trade Mark Act and is not barred
defendants that a mark could not be
a trade secret. An industrial process may be a secret but a mark could not
be so. Therefore ... passing off action, where both the marks are unregistered, prior user of the
mark would entitle its owner or licensee to claim its exclusive
unregistered trademark generally in deciding the question of deceptive similarly, following factors are to be considered.
(a) The nature of the marks i.e. whether ... marks are word marks or label marks or composite marks, i.e. both words and label works.
(b) The degree of resembleness between the marks
writ petitions is that by
way of an unstamped and unregistered order of
the High Court dated 17th January 1986, the
jute mill premises alone ... fact, inducted the jute mill as a tenant by way of
an unregistered agreement dated 1st August,
1991, which expired by efflux of time
writ petitions is that by
way of an unstamped and unregistered order of
the High Court dated 17th January 1986, the
jute mill premises alone ... fact, inducted the jute mill as a tenant by way of
an unregistered agreement dated 1st August,
1991, which expired by efflux of time
writ petitions is that by
way of an unstamped and unregistered order of
the High Court dated 17th January 1986, the
jute mill premises alone ... fact, inducted the jute mill as a tenant by way of
an unregistered agreement dated 1st August,
1991, which expired by efflux of time
writ petitions is that by
way of an unstamped and unregistered order of
the High Court dated 17th January 1986, the
jute mill premises alone ... fact, inducted the jute mill as a tenant by way of
an unregistered agreement dated 1st August,
1991, which expired by efflux of time
writ petitions is that by
way of an unstamped and unregistered order of
the High Court dated 17th January 1986, the
jute mill premises alone ... fact, inducted the jute mill as a tenant by way of
an unregistered agreement dated 1st August,
1991, which expired by efflux of time
writ petitions is that by
way of an unstamped and unregistered order of
the High Court dated 17th January 1986, the
jute mill premises alone ... fact, inducted the jute mill as a tenant by way of
an unregistered agreement dated 1st August,
1991, which expired by efflux of time
writ petitions is that by
way of an unstamped and unregistered order of
the High Court dated 17th January 1986, the
jute mill premises alone ... fact, inducted the jute mill as a tenant by way of
an unregistered agreement dated 1st August,
1991, which expired by efflux of time
