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1938 Supreme(Mad) 260

MOCKETT
The Asiatic Government Society Life Assurance Company, Limited – Appellant
Versus
The New Asiatic Life Insurance Company, Limited – Respondent


JUDGMENT

Mockett, J.

1. The plaintiffs, the Asiatic Government Security Life Assurance Co., Ltd., sue the defendants, the New Asiatic Life Insurance Co., Ltd., claiming an injunction restraining the defendants from carrying on business, etc., under the name of The New Asiatic Life Assurance Co., Ltd., or any other name which includes the word Asiatic which is likely to deceive or mislead the public into the belief that the defendants company is the same as the plaintiffs company. In para. 3 of the plaint the plaintiffs allege that their name, and particularly the word Asiatic had come to be associated with the plaintiffs" company in the minds of the public. I emphasise the public In para. 4 they allege that the defendants name substantially is the same as that of the plaintiffs company and is a colourable imitation of the plaintiffs companys name. In para. 5 plaintiffs allege that the defendants must have known of the plaintiffs companys existence and designation and that the action of the defendants in choosing and coining for themselves a name substantially similar to that of the plaintiffs is deliberate and is not bona fide. In para. 7 they allege that the defendants name is calcu




















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