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1962 (4) TMI 65 - SC - Companies LawWhether the name ’Lakshmandhara’ was likely to deceive the public or cause confusion to trade within the meaning of s. 8 and s. 10 (1) of the Act? Whether there was such acquiescence on behalf of the appellant in the use of the name ’Lakshmandhara’ in the. State of Uttar Pradesh as to bring it within the, expression ’special circumstances’ mentioned in sub-s. 10 of the Act? Held that:- Appeal allowed. There was any fraudulent user by the respondent of his trade name ’Lakshmandbara’. The name was first used in 1923 in a small way in Uttar Pradesh. Later it was more extensively used and in the same journals the two trade marks were publicised. The finding of the Registrar is that the appellant and its agent were well aware of the advertisements of the respondent, and the appellant stood by and allowed the respondent to develop his business till it grew from a small beginning in 1923 to an annual turnover of Rs. 43,000/- in 1946. These circumstances establish the plea of acquiescence and bring the case within sub-s. (2) of s. 10, and in view of the admission made on behalf of the respondent ’that his goods were sold mainly in Uttar Pradesh, the Registrar was right in imposing the limitation which he imposed.
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