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1972 Supreme(P&H) 259

P.C.PANDIT, BHOPINDER SINGH DHILLON
General Electric Co. Of India (P. ) Ltd. – Appellant
Versus
Pyara Singh – Respondent


Judgment

Bhupinder Singh Dhillon, J.

1. The appellant, The General Electric Company of India (Private) Limited, filed a suit against the defendants pleading that the plaintiff is the original proprietor of a trade mark in India for its electrical goods including lamp-holders consisting of the letters "G.E.C." and was registered under Cls. 7, 9, 11 and 12 of the fourth schedule to the Trade Mark rules, 1942. It is averred that the plaintiffs electrical goods including lamp-holders are of very superior quality and the defendants have wrongfully sold and passed off and is selling and passing off the lamp-holders not of the plaintiffs manufacture as and for the plaintiffs lamp-holders. It is also averred that the defendants sell and pass off lamp-holders under the name of "A.E.C." or "E. C." Lamp-holders and the letter "A" of the letters "A.E.C." or "E. C." which letters are written or inscribed in the very same manner in which the letters "G.E.C." are inscribed on the lamp-holders of the plaintiffs manufacture. It is further averred that the letter "A" of the letters "A.E.C." is invariably and deliberately half obliterated so as to give an impression that the said letter "A" is in fact





























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