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1999 Supreme(Cal) 499

SEN GUPTA
HONDA MOTOR COMPANY LIMITED – Appellant
Versus
KEWAL BROTHERS – Respondent


Advocates Appeared:
Aniruddha Bose, Biswarup Gupta, GOUTAM CHAKRABORTY

SEN GUPTA, J.

( 1 ) IN this Motion question is whether ad interim order of injunction already granted in favour of the plaintiff is to be confirmed or vacated or otherwise be modified or not. This Motion is opposed by the defendants.

( 2 ) THE motion is arising out of a suit which is an action against infringement of trademark coupled with passing off against the defendants. Plaintiff/petitioner claims to be a renowned reputed manufacturer and seller of automobiles under the trade name 'honda'. This Honda mark was registered in Japan in 1948. By reason of the excellence of its products, advertisements and media expositions the reputation of this trademark travelled beyond its Japan border and to all places over the world including India. In substances this mark of the plaintiff has transborder reputation. This mark 'honda' was got registered by the plaintiff in various countries in the world. It is claimed in the petition that since 1957 mark 'honda' has been present in India and thereafter from time to time they have also entered into various collaboration agreements such as Hero Honda for motor cycles and Honda Siel Power Products Ltd. for manufacturing generators. The products










































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