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2010 (4) TMI 786 - GUJARAT HIGH COURTChange of name of the another company - resembling name - the petitioner in April, 2000 came to know that respondent No. 1 company was registered under the Companies Act, 1956 by name Pino Bisazza Glass (P.) Ltd., vide registration certificate dated 8-3-2000. Respondent No. 1 company was set up with the same object of manufacturing and selling similar products to that of the petitioner. The petitioner, therefore, applied to respondent No. 2, i.e., the Regional Director, Western Region, Mumbai for cancellation of the registration of respondent No. 1, in May, 2000 under sections 20 and 22 of the Companies Act, 1956. - Held that:- there does not seem to be any similarity between these two names. The only question, therefore, remains is to decide as to whether the name of one company appears to be too nearly resembling with the name of another company. In the name of the petitioner-company, there are three words, namely, Bisazza India Ltd., whereas in the name of respondent No. 1 company, there are four words, namely, Pino Bisazza Glass (P.) Ltd. The only word common in both these names is Bisazza. It has come on record that the word ‘Bisazza’ indicates the surname in Italy. The surname remains a surname whether in Italy or in India or anywhere else. This word is not coined by the petitioner. No one can claim any monopoly over this word. - writ petition dismissed.
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