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
registration of the composite mark will not by
itself confer any exclusive right as to the part of the composite mark. The
registered owner ... common to the trade.
18
It would, therefore, appear that an infringement action is not
maintainable on the basis of an unregistered part
Section 34 of the Act in relation to its user as an
unregistered proprietor of the said trademark.
The observation of the Apex Court ... held:
"This section palpably holds that a proprietor of a trade mark does not have
the right to prevent the use by another party
that they have recently discovered
that the respondent is infringing the trade mark belonging to the partnership
firm and had hence have been constrained ... appearing for the
petitioners submits that the petitioner no. 3 is an unregistered partnership
firm and, therefore, a suit for infringement of the trademark
view that the
winding up petition solely at the instance of an unregistered firm is not
maintainable in view of the provisions of Section ... those of plaintiff's by using the plaintiff's trade mark is an
action on common law and is not hit by section
sell Amlodipine Besilate under the trade name
AMOKAV the defendant company sells Amoxycillin and Potassium Clavulanate
under the same trade name. Now it is submitted ... immediately stopped ?
There is no dispute that both the marks are unregistered. This is a
passing off action but the evidence, prima facie, suggests that
Sabu Trade Private Limited vs Raj Kumar Sabu on 15 September, 2016
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
OD-138
ORDER SHEET ... Court: The plaintiff claims to be the prior user of unregistered
word mark 'Sachamoti' in respect of tapioca sago. The plaintiff claims that
Saha & Co. vs Ishar Singh Kripal Singh & Co. on 8 September, 1955
Equivalent
Gramophone Company Of India Limited vs Shanti Films Corporation And Others on 2 May, 1996
