Tax Management India. Com
                        Law and Practice: A Digital eBook ...

Category of Documents

Latest Case Laws

TMI - Tax Management India. Com
Case Laws Acts Notifications Circulars Classification Forms Manuals SMS News Articles
Highlights
D. Forum
What's New

Share:      

        Home        
 

TMI Blog

Home List
← Previous Next →

1982 (4) TMI 295

tion of accounts of profits, seeks to restrain the defendant, during the pendency of the suit, from manufacturing, selling, offering for sale, advertising or dealing in washing soaps under the trade marks 501, 507 or any other deceptively similar trade mark and wrappers as arc identical with or deceptively similar to the wrappers of the plaintiff's 501 half bar washing soap and from inflinging the registered trade marks and copyright and from passing off its washing soap and business as washing soap and business of the plaintiff. (2) The suit is grounded on the allegations that the plaintiff has, inter alia, been producing and marketing half bar washing soap under the trade mark 501 since over 40 years and the mark has acquired a unique .....

X X X X X X X

Full Text of the Document

X X X X X X X

our with numerals 507 in red boldly superimposed over a white diamond device and with red strips on either side. Beneath the said composition on the one side the numerals 507 are written in Devnagari script in a diamond device and on the other side is certain descriptive matter. In addition, the numerals. 507,. are also placed in Devnagari and Roman Scripts at the same two distinctive positions as have been placet on the plaintiff's wrappers' It is alleged that defendant has not only adopted an identical and/or deceptively similar trade mark 507 as that of the plaintiff but in addition has adopted an identical and/ordeceptiyely similar wrapper as the weapper of the plaintiff, and that the colour combination, get-up, lay-out and arra .....

X X X X X X X

Full Text of the Document

X X X X X X X

1957 but maintains that, that by itself, would not give jurisdiction to this Court to deal with the claim of infringement of trademark either in relation to the numerals or in relation to the wrapper. (5) I have heard learned Counsel for the parties and it appears to me to be reasonable that the defendant is restrained in the terms in which the restraint order is sought by the plaintiff. True, it is doubtful if the numerals 507 per se could be said to be identical with or deceptively similar to the numerals 501, the use of the numerals 507 by the defendant on its wrapper in relation to washing soap of its manufacture in a manner which, having regard to the deceptive similarity between the get-up, the scheme, the colour and the arrangement .....

X X X X X X X

Full Text of the Document

X X X X X X X

nstitute part of a composite suit. In view of the undoubted jurisdiction of this court in relation to the infringement of copyright, Court would be justified in granting injunction of both the trade mark and the copyright at this stage of the proceedings, particularly, where there is a specific averment in the plaint, whatever it may be worth, that the plaintiff has been selling the goods, inter alia, within the territorial jurisdiction of this Court. (7) I would, therefore, grant an injunction restraining the defendant from manufacturing, selling offering for sale, advertising or dealing in washing soap under the trade mark 501, 507 or any other deceptively similar marks and wrappers as are identical with or deceptively similar to the wrap .....

X X X X X X X

Full Text of the Document

X X X X X X X

 

 

← Previous Next →

 

 

|| Home || About us || Feedback || Contact us || Disclaimer || Terms of Use || Privacy Policy || Database || Members || Refer Us ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.
|| Blog || Site Map - Recent || Site Map ||