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CALCUTTA HIGH COURT
*Soumen Sen, Saugata Bhattacharyya, JJ.
Tribeni Industries Pvt. Ltd. – Appellant
Versus
SRMB Srijan Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 1 , 2 , 3) |
| 2. overview of parties’ claims and arguments (Para 4 , 5 , 6) |
| 3. court's analysis of passing off actions (Para 7 , 8) |
| 4. details of appellant's defense and legal arguments (Para 9 , 10 , 11 , 12 , 13) |
| 5. counter-arguments presented by the respondent (Para 14 , 15 , 16) |
| 6. court's foundational legal analysis (Para 18 , 19 , 20 , 21 , 22) |
| 7. implications of designs registration on trade mark rights (Para 29 , 30 , 31) |
| 8. legal principles governing passing off actions (Para 32 , 33 , 34) |
| 9. recognition of trade marks post design cancellation (Para 39 , 41) |
| 10. final conclusion by the court on appeal dismissal (Para 42 , 43) |
1. This appeal is directed against an order dated September 30, 2019 passed in a passing off action initiated by filing an application, being G.A. No. 1 (earlier 2422) of 2019 in C.S. No. 192 of 2019.
2. The said order is an ad - interim order passed after hearing both sides.
3. Summary of facts
The facts of this appeal so far as relevant are as follows:
I. The respondent, SRMB Srijan Pvt. Ltd., is a company carrying on the business of manufacturing, selling and distributing TMT bars, wires, grills etc. since 200
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