have acquiesced in the use of the
registered trademark, if the trademark was, in fact, not in use.
Signature Not Verified
Digitally Signed
By:Dushyant ... Predecessor had not used the trademark
in question for the preceding nine years. The appellant's use of the
trademark, if any, during
Duke"; (ii) that it / its predecessor has been continuously /
exclusively and extensively been using the trademark "Duke" since
the year of adoption ... maintainable because M/s Girish Hosiery
and / or its predecessor have been using trademark since prior to
adoption / registration by Duke Fashions; (vii) that
Duke"; (ii) that it / its predecessor has been continuously /
exclusively and extensively been using the trademark "Duke" since
the year of adoption ... maintainable because M/s Girish Hosiery
and / or its predecessor have been using trademark since prior to
adoption / registration by Duke Fashions; (vii) that
transmission to claim continuous
prior use of trademark "Radheshyam" than the use of such
trademark by the respondent. Learned senior advocate Mr.
Sanjanwala ... such prior use of
trademark is required to show that the predecessor of trademark
either assigned or transmitted the trademark to him. Therefore, the
question
using the trademark „GAI
CHAAP‟ and „COW‟ device.
10. Mr. Bakhru has placed reliance on the following documents to
show prior use of the trademark ... prove its goodwill in the subject matter
trademark, as it abandoned the trademark allegedly used by its
predecessor firm. As the plaintiff used the trademark
Plaintiff had prior knowledge of the
Defendant‟s predecessor-in-interest using the trademark „GetMyTrip‟ and
the Plaintiff had been doing business with the said ... plaintiff had prior knowledge of the predecessor-in-interest of
the defendant using the trademark GETMYTRIP and plaintiff had
been doing business with the predecessor
trademark „EXIDE‟. It is
pleaded that the defendant No.1 is the worldwide owner of the trademark
„EXIDE‟ as it has consistently used the trademark ... trademark then can it be said in the meanwhile if another person starts using
the trademark then the assignee company of the trademark will lose
plaintiff had
prior knowledge of the predecessor-in-interest of the defendant using the
trademark GETMYTRIP and plaintiff had been doing business with the
predecessor ... unique stylized manner. The trademark/ label GETMYTRIP
qualifies as a well-known trademark since it has been used continuously by
the defendant for its goods
products under the trademark CARLTON. VIP's predecessor-in-title
applied for registration of the trademark CARLTON on 26.07.1995 in
class 18 for goods ... use or is using the same for identical goods and are guilty
of infringement.
33. VIP's predecessor adopted the trademark DIPLOMAT
CARLTON
injunction
against the defendant for use of the trademark
ADDISON and whether the use of the trademark
ADDISON would amount to passing ... plaintiff's
goods?
3. Whether the defendant and their predecessors
are using the trademark ADDISON for a very long time
and therefore, whether
