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V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Sona Mandhira Pvt. Ltd. – Appellant
Versus
Sona BLW Precision Forgings Ltd. – Respondent
JUDGMENT :
(V. Kameswar Rao, J.) :—
CM APPL. 9509/2023
1. This is an application filed by the appellants under Order XLI Rule 27 of the Civil Procedure Code, 1908 (‘CPC’, for short) seeking to bring on record the examination report of the Trade Marks Registry dated April 28, 2010 and reply dated June 23, 2011. The reasons given in the application are that it has now come to the knowledge of the appellants through the website of the Trade Marks Registry that the registrant itself has disclaimed any exclusive rights of the impugned Trade Mark through its reply dated June 23, 2011, in response to the examination report dated April 28, 2010. It is stated in the application that the proceedings and the materials before the Trade Marks Registry for registration of the impugned mark would be material and relevant for the adjudication of the present appeal. That apart, it is stated that the documents being part of public record are undisputable and unimpeachable and it was incumbent upon the respondents to bring on record the same, which they have failed to do.
2. The respondents would contest the application by stating that the application is not maintainable under the parameters of Order XL
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....
The adoption of a registered trademark as part of a corporate name can infringe the trademark and amount to passing off if it is likely to cause confusion or deception among the public.
The court established that the rights of the prior user of a trademark are superior to those of a subsequent user, emphasizing the elements of goodwill, misrepresentation, and damage in passing off c....
The court upheld the plaintiff's rights as the prior user and registered owner of the trademark, granting an injunction against the defendant's use of a similar mark due to the likelihood of consumer....
Suppression of contradictory statements to trademark registry asserting marks dissimilar disentitles interim injunction in passing off and copyright suit; clean hands and prosecution history estoppel....
The court found that despite phonetic similarity, the distinctiveness of trade marks and differences in intended consumer bases negate the likelihood of confusion and passing off.
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