Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Trade mark - Injunction - Plaintiff using the word 'Mahindra' and 'Mahindra & Mahindra' in its companies/business concerns for five decades - Name has acquired a distinctiveness in trade circles - People have associated the name 'Mahindra' with a certain standard of goods and services - Use of such name by others will..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Trade mark - Temporary injunction - Action for passing of and infringement of trade mark - Both appellant and respondent carrying on similar business of plywood and wood products - Both using 'UNIPLY' and 'UNIBOARD' as trade marks - Both filing separate suits and seeking temporary injunction - Both applying for..........
Trade and Merchandise Marks Act, 1958, Section 28, 29, 106 -- Infringement of Trade Mark - Relief of injunction - Trade Mark `Shalimar' registered by appellant company manufacturing and marketing coconut oil for edible and toilet purposes - Respondents using the said mark for marketing Sun Flower edible oil without registration or without taking any rectification..........
Partnership Act, 1932, Section 69(2) -- Partnership firm - Unregistered - Trade mark - Infringement - Suit for injunction or damages is one based on a statutory right under the Trade Marks Act, hence is not barred...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Trade and Merchandise Marks Act, 1958, Section 27, 28, 29 -- Trade mark - Infringement - Use of similar name - Descriptive name - No one can claim exclusive right on descriptive names of the goods - The protection under the Act is only to particular Trade Marks - Both, plaintiff and defendants selling Heat Pillars under..........
Trade Marks Act, 1940, Section 21 -- 'Khargosh Chhap' - Trade mark in respect of Bidis registered in 1945 - Defendants's claim of prior user of the label with `Goad Cub' since 1936 was incorrect since it was in use from 1952 - Labels of defendant were deceptively similar and identical to the plaintiff's label - Held, High Court was right in granting relief of permanent..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Trade mark-Temporary injunc-tion - Granted on basis of undisputed facts and material - Exercise of discretion exer-cised by trial Court neither arbitrary nor perverse - Defendants having obtained a registration of trade mark is not sufficient to render the suit as not maintainable - Held, conclusion reached by trial Court..........
Specific Relief Act, 1963, Section 37, 38 -- Trade mark - `FIXO' a registered trade-mark for Zip Fastners - Adoption of trade mark `FEX' producing similar and same size of labels - A clear case of breach of copyright and passing off goods stands made out - Injunction granted - Directions issued to destroy incriminating articles bearing infringing trade-mark...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Trade mark - Passing off - Normally, in an action for passing of, the relief of injunction is not to be granted at the interim stage because there is still to be a trial - In exceptional cases ;such an interim relief can be granted to the aggrieved party in case prima facie it is established on record that the two products..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Trade mark - Permitted long user - Doctrine of acquiescence and honest and concurrent user attracted - Prima facie case and balance of convenience not in favour of applicant - Interim injunction cannot be granted...........
