SOUMEN SEN
Skipper Limited – Appellant
Versus
Akash Bansal – Respondent
1. The petitioner claims to be the proprietor of the word mark “BANSAL”. The petitioner claims that petitioner has been manufacturing, selling and marketing metal pipes manufactured under the trade mark “BANSAL” with the mark “SKIPPER” suffixed thereto from 1981 without any interruption. The petitioner’s turn over during the last financial year was Rs.1300 crores. The petitioner applied for registration of word mark “BANSAL” on 16th December, 2010 and the said mark has been registered in respect of pipes and tubes of metal and flexible pipes not of metal. The registration certificate is dated 29th May, 2015. The petitioner on 11th July, 2011 applied for registration of the word mark “SKIPPER BANSAL” and “BANSAL SKIPPER” and the said mark has been registered on 1st July, 2015. The petitioner has also applied for registration under class 6 and17 and the said marks have been registered in respect of both the classes on 1st July, 2015 and 5th October, 2015 respectively. On 6th September, 2010 the plaintiff has applied for registration of the word mark “BANSAL SKIPPER” under class 17 and the said trademark has been registered on 22nd May, 2015.
2. The plaintiff claims that by v
Bajaj Electricals Ltd. v. Metals & Allied Products
Goenka Institute of Education & Research v. Anjani Kumar Goenka & Anr. reported at AIR 2009 Del 139
Laxmikant V. Patel vs. Chetanbhai Shah
Laxmikant V. Patel vs. Chetanbhat Shah reported at AIR 2002 SC 275
National Bell Co. vs. Metal Goods Mfg. Co. reported at AIR 1971 SC 898
Precious Jewels & Another vs. Varun Gems reported at (2015)1 SCC 160 : 2014(60) PTC 465 (SC)
Reckitt & Colman Products Ltd. vs. Borden Inc.
Ramdev Food Products Ltd. vs. Arvindhbhai Rambhai Patel & Ors.
R.R. Proteins And Agro Limited vs. Hari Shankar Singhania & Another reported at 2010 (3) CHN 912
S. Syed Mohideen vs. P. Sulochana Bai reported at (2016) 2 SCC 683
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