Back
DELHI HIGH COURT
JYOTI SINGH
Sandhya Kumari Proprietress – Appellant
Versus
Gupta & Sons – Respondent
| Table of Content |
|---|
| 1. appellant's claim regarding trademark and copyright ownership. (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 2. respondents' objections and claims regarding trademark registration. (Para 10 , 12) |
| 3. trial court's reasoning for dismissing appellant's application. (Para 15 , 16 , 18) |
| 4. importance of passing off and copyright infringement claims. (Para 17 , 19 , 20) |
| 5. direction for fresh consideration by the trial court. (Para 22 , 23) |
JUDGMENT
Jyoti Singh, J. (Oral)
1. Present appeal has been filed assailing the order dated 08.11.2016, passed by the learned Trial Court in suit bearing CS No. 58/2016 as well as seeking a direction to dismiss the application filed by the Respondents herein under Order 39 Rule 4 CPC.
2. Appellant herein is the Plaintiff in the suit while Respondents are Defendants No. 1 and 2. Parties hereinafter are referred to as per their litigating status in this Court.
3. Brief facts, shorn of unnecessary details, to the extent necessary and as set out in the plaint filed before the learned Trial Court are that the Appellant is engaged in the business of manufacturing and marketing confectionary items and namkeens as well as other allied, cognate and related g
Infringement of copyright and passing off – Acquiescence is a defence available in action for infringement of copyright – While deciding application for a temporary injunction in a suit for passing o....
The court upheld that lack of deceptive similarity precludes claims of trademark infringement and passing off, necessitating proof of goodwill and likelihood of confusion.
if there is no infirmity found in the order of the Trial Court, injunction against encashment of bank guarantee and letter of credit should not be granted except where fraud or irretrievable damage i....
Point of Law : Section 27 of Trade Marks Act provides that no action for infringement will lie in respect of an unregistered trade mark.
Amendments should be liberally allowed to determine the real questions in controversy between the parties, and the cause of action for passing off and infringement were substantially identical.
The court found that an ex parte judgment can be granted under Order VIII Rule 10 CPC if the defendant fails to respond, ensuring that the plaintiffs' rights under their registered trademarks are uph....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
