BODY BUILDERS FEDERATION
(FORMALLY KNOWN AS NATIONAL AMATEUR BODY BUILDERS
FEDERATION) UNREGISTERED ENTITY
HAVING OFFICE AT NO.235 1ST MAIN ROAD
SHESHADRIPURAM
BANGALORE-560020
REPRESENTED ... 3784/2022 AGAINST
THE PETITIONER HEREIN RESTAINING THEM FROM USING
THE TRADE MARK BHARATH SHRESHTA BHARATH
SHREE, BHARATH KUMAR, BHARATH KISHORE AND
BHARATH UDAY
imitation or substantial reproduction of
the Plaintiff's get-up, layout, trade dress, pattern,
shape, design, configuration and packaging in its
footwear ... colourable imitation/ substantial reproduction of
the Plaintiff's get-up, layout, trade dress, pattern,
shape, design, configuration and packaging of
Signature Not Verified
Digitally Signed
considered
sufficient for infringement of trademark, if the
similarities of the trade dress are substantiated
from the look of the two goods, it comes within ... infringed by another registered
trademark, but only by an unregistered mark. But
plaintiff has pleaded that instead of words infringement
45
OS.No.189/2015
cannot be taken advantage of by another trader by
copying the mark and by getting it registered. Further, in
an action for passing ... user by the plaintiff. Thus the
defendant by using the trade mark 'York' has prima facie
infringed the plaintiff's registered trade
statement claimed that
the plaintiff has registered its label under the Trade Marks Act
registration certificate dated 18/03/2008 and the plaintiff
suppressed ... defence of the defendant is that it is the plaintiff copied the
unregistered trademark and copyright of defendant more-fully
shown in plaint
registered artistic packaging copyright ULLAS shown in
Schedule A. The said trade mark and artistic packaging
copyright ULLAS stands registered under the
Trademarks ... registered the trademark and
registered artistic packaging copyright and registered
word trade mark ULLAS on 1.4.1998 and the same has
been in continuous
Apart from the oral evidence, the Plaintiff has
got marked 8 documents as Ex.P.1 to Ex.P.8. Ex.P.1 is
copy ... Partnership Deed, which shows that, Plaintiff
Firm is Unregistered Partnership Firm. Ex.P.2 is copy of
7 S.C.No.1070/2021
SCCH
leave and license agreement'
Mark A can not be considered in evidence as it was an
unregistered document.
24. The law does not provide ... Hence, I hold that the document Mark A was a lease
agreement.
31. Now, Mark A is an unregistered document. Section
Vijay Madanlal Choudhary vs Union Of India on 27 July, 2022
Author: A.M. Khanwilkar
Union Of India vs M/S Mohit Minerals Pvt. Ltd. on 19 May, 2022
Author
