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Division Bench - upon
the 'PUSSY GALORE' Trade marks Case [1967] R.P.C.
265, was unjustified and unwarranted inasmuch ... decision in the 'PUSSY GALORE' Trade mark case
(supra) concludes this point against the
appellant.
(6) The Shavaksha Committee Report
Supreme Court of India
JUDGMENT:
M. JAGANNADHA RAO, J.
Leave granted. In trade mark cases, the tension is
between protectionism on the one hand ... principles
applicable for grant of temporary injunction in trade mark
cases. Before American Cyanamid Co,. vs. Ethicon
Supreme Court of India
case of the respondents, Clause 11 of
the Collaboration agreement related to future Trade Marks and did not
cover existing ... consider the necessity of protecting third
parties. In trade mark infringement cases, "third parties" means the
buying public
Delhi High Court
same page :-
The trade mark cases, however, were so much the more numerous and
important, that, as already stated ... obtain damages for 'passing off.' The litigation of
trade mark cases was, however, found to be extremely costly, and
otherwise
Bombay High Court
mark.
While it is the case of the Indian firm that the trade mark "Sharp" has
become distinctive ... shall not be registered as a trade mark,
is applicable to this case. According to the Japanese firm
Madras High Court
plaintiff. In that case the defendant concern
ran a similar business under trade mark Blue Super Flame Industries.
The defendant ... from the present case because in all these cases the
trade marks did not involve any new coined, invented words
Delhi High Court
been held in In re Batt's Trade Mark Case, (1889) 6 RFC 493 and
In Marshall's application ... trade mark to
be registered despite the presence in the Register of a closely
resembling mark. That case also decided
Calcutta High Court
which it
is applied, in which case it is not a trade mark, or goods of a
particular person ... adapted to
distinguish''. He referred to the case Registrar, Trade Marks v. W. &G.
Du Cros
Allahabad High Court
deceptively similar to the plaintiff's trade
mark 'MAYUR'. The case of the plaintiff is that plaintiff has been
carrying ... Hindi) was similar to SUN. In the
present case the trade mark of the defendants is not only the word
Delhi High Court
Ishlee v. Henshaw, Reports
of Patent, Design and Trade Mark Cases, Vol. III, No. 1, page 15. It
was submitted ... Industries Association, Ln., Reports of
Patent, Design and Trade Mark Cases, Vol. XLIV, No. 9, Page 269. It was
further
Bombay High Court
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