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MANMOHAN
Jain Shikanji Private Limited – Appellant
Versus
Satish Kumar Jain – Respondent
JUDGMENT
Saurabh Banerjee, J. The three elements essential for adjudication of trade mark disputes, like the present one, involve `Name' (Jain), `Work' (Shikanji) and `Identity' (Jain Shikanji).
2. Present dispute is inter-se `Jain' family members, who amongst other products, deal in Shikanji under the name and style of Jain Shikanji. By virtue of the present appeal, appellant belonging to one `Jain' family member is calling upon this Court to adjudicate upon the legality of the impugned order whereby it has been restrained from using the trade mark Jain Shikanji of respondent, the other `Jain' family member. The details thereof are elucidated hereinunder.
3. Appellant (original defendant) by this appeal seeks to impugn order dated 05.11.2022 passed by the learned Trial Court whereby an application under Order XXXIX rules 1 & 2 of The Code of Civil Procedure, 19081[Henceforth referred as "CPC"] of the respondent (original plaintiff) has been allowed in his favour and the appellant along with other persons claiming through it have been restrained from selling, offering for sale any goods, advertising or promoting any product under the trade mark Jain Shikanji/Jain Shikanji Restaur
The combination of common words can be distinctive and unique as a trade mark, and the appellate forum has a limited role and cannot entertain new issues or documents at the appellate stage.
The main legal point established in the judgment is the lack of merit in the appellant's contentions regarding the family association with the trade mark Jain Shikanji, the maintainability of the sui....
The main legal point established in the judgment is the court's consideration of deceptive similarity of trademarks, acquisition of distinctiveness and secondary meaning of a name, and the use of a s....
The central legal point established in the judgment is the requirement for distinctiveness of a mark for registration under Section 9(1)(a) of the Trade Marks Act, and the need for the Registrar to p....
Infringement of trade mark and passing off - Permanent injunction - Appellants/defendants are bound down to their statement, till disposal of suit before Commercial Court. Readiness with which appell....
A plaintiff cannot file multiple suits for the same cause of action concurrently in different jurisdictions; it constitutes forum shopping and is impermissible under Order II Rule 2 CPC.
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....
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