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K. R. SHRIRAM, SENTHILKUMARRAMAMOORTHY
Massey Ferguson Corp 4205, River Green Parkway, Duluth, United States of America Represented by its Power of Attorney Rohit Kohli – Appellant
Versus
Tractors and Farm Equipment Limited – Respondent
JUDGMENT :
(Delivered by Justice Senthilkumar Ramamoorthy)
An agreement dated 31.10.1960 was entered into between Massey Ferguson Limited (MFL), a company incorporated in Canada, and Amalgamations (Private) Limited, a company incorporated under the Indian Companies Act, 1913. This agreement envisaged the formation of a joint venture company by and between the two parties thereto in the name and style of “Tractors and Farm Equipment Limited” and is hereafter referred to as the JV Agreement. Pursuant to the JV Agreement, such company was incorporated and is the respondent herein. The JV Agreement envisaged the execution of a technical assistance agreement as per the template set out as Appendix II thereto. Such Technical Assistance Agreement was executed on 18.09.1961.
2. On 17.03.1978, a Trademark Users Agreement (the 1978 TM Agreement) was executed by and between MFL and the respondent herein. The 1978 TM Agreement recognised that MFL was the registered proprietor of the trademarks bearing the registration numbers mentioned in the schedule thereto. It also provided for the use of such trademarks by the respondent herein. On the same date, an Agreement for the Sale of Technical Informa
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