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I. P. MUKERJI, ANIRUDDHA ROY
Shree Ganesh Besan Milll – Appellant
Versus
Ganesh Grains Limited – Respondent
JUDGMENT :
I.P. MUKERJI, J.
SUMMARY OF FACTS
1. This is a trademark appeal in this court’s Commercial Division.
1. It is from a judgment and order dated 15th March, 2021 read with the order dated 17th March, 2021, in terms of prayers (a), (b), and (c) of the petition, made by the learned Interlocutory judge on an interim application filed by the respondent plaintiffs, in the suit, inter alia, complaining of infringement of their registered word mark “Ganesh” by the appellant/defendants.
Prayers (a), (b) and (c) are inserted below:-
b) The respondents, their men, servants, agents, assigns, dealers, distributors and/or any one claiming on their behalf be restrained from infringing the petitioners’ registered trademark “Ganesh
Infringement of trade mark - Business in infringement of a registered design or a mark or is guilty of passing off, such a business cannot be said to be carried on in accordance with law and no right....
The court emphasized likelihood of consumer confusion in trademark law, holding that similar marks can infringe established trademarks regardless of differences in service or field, thus supporting t....
Appellate court interferes with trial court's refusal of interim injunction in passing off where findings on mark as generic lack pleadings support, plaintiff shows prior use/secondary meaning, and d....
The court held that the concealment of material facts by the respondents did not warrant the dismissal of the suit or the vacation of the interim injunction, as the equities lay in favor of the respo....
Registered trademark owners have exclusive rights, but concurrent users may claim based on prior use and non-acquiescence.
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