ANANTANARAYANAN, VENKATADRI
Sona Ana Pana Balraj – Appellant
Versus
S. P. Vadivel Nadar and Sons – Respondent
JUDGMENT :- (Delivered by Anantanarayanan J.) : Both these related Letters Patent Appeals have been instituted respectively by the defendants in A. S. Nos. 560 and 561 of 1956 before a learned Judge of this Court (Ramachandra Iyer J. as he then was) with reference to the injunction granted by the learned Judge in respect of a registered trade mark (Manthithope,) used in the context of designating medicinal oils. In both the appeals, which differ upon the particular facts otherwise, the common ground is that this name, being a georgraphical appellation of a village in Tirunelveli District, ought not to have been registered as a trade mark. Further it is pleaded that the respondents were not entitled to obtain an injunction of this kind in respect of such an invalid registration offending the provisions of S. 6 (1) of the Trade Marks Act, 1940 (V of 1940), which Act governs the parties to this action.
2. We have heard the arguments of the learned counsel for the appellants in both the appeals (Sri R. Gopalaswami Aiyangar and Sri M.R. Narayanaswami). They have attempted to advance the same proposition as that which was advanced before the learned Judge, namely, that the regist
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