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Bombay High Court
Ratansi Mulji
Versus
Vinod Ratilal Gandhi and another
Decided On:
Act Referred
TEXTILES UNDERTAKINGS TAKING OR OVER OF MANAGEMENT ACT : S.7, S.3(2)
TRADE AND MERCHANDISE MARKS ACT : S.78, S.79, S.2(w), S.44
TRADE AND MERCHANDISE MARKS ACT : S.78, S.79, S.2(w), S.44
Headnote
Sections 3 (2) 7-Trade Merchandise Marks Act (43 of 1958) Sections 711, 79, 44 and 2 (w)-Management of or Textile Undertaking taken over by National Textile Corporations Prosecution by Corporation against accused/owner of undertaking for infringement of trade marks.
Held-Accused are themselves registered proprietor of trade marks.
They were divested of general control etc. of the undertaking taking over by corporation and not of their rights as registered proprietors of trade marks. Prosecution not maintainable.
For Citation : 1991 Cr LJ 2766 (Bom)
Ratansi Mulji VS Vinod Ratilal Gandhi and another
