A.S. OKA, J.

OVERVIEW AND THE QUESTIONS TO BE DECIDED

1. The learned Single Judge by his order dated 26th April, 2016 expressed a view that a decision of the Division Bench of this Court in the case of Raymond Limited Vs. Raymond Phamaceuticals Pvt. Ltd. 2010 (44) PTC 25 (Bom.) needs reconsideration. Paragraph 21 of this order reads thus :-

“21. I am, of course, bound by the decision in the Raymond. However, in my respectful submissions, and for the reasons I have outlined above, that decision in Raymond requires reconsideration; specifically on the following questions:

(1) Where a party is found to be using a registered trade mark as a 'name', viz., as a corporate or trading name or style, though in respect of goods dissimilar to the ones for which the trade mark is registered, is the proprietor of the registered trade mark entitled to an injunction on a cause of action in infringement under Section 29(5) of the Trade Marks Act, 1999?

(2) Whether the use of a registered trade mark as corporate name or trading name or style is excluded from the purview of Sections 29(1), 29(2) and 29(4) of the Trade Marks Act, 1999, and whether those Sections are restricted to the use of a tra