Kumaravel Nadar, V. Et Al V. Sokkalal

1939 Present: Soertsz A.C.J. and Wijeyewardene J.

KUMARAVEL NADAR et al., Appellants, and SOKKALAL RAM,
Respondent.

116- D. C. Colombo, 6,138.

Trade Marks-Action for infringement by proprietor of trade mark-Prior user of similar trade mark by defendant- Honest concurrent user also-Effect of ?Trade Marks Ordinance (Cap.121), ss. 40,19.

The proprietor of a registered mark is not entitled to prevent the user of a similar trade mark by a person who has had continuous user of it from an anterior date within the meaning of section 40 of the Trademarks Ordinance. Nor can he oppose its registration by the other person where there has been honest concurrent user within the meaning of section 19 of the Ordinance.

APPEAL from a judgment of the District Court of Colombo. The plaintiff filed this action against the defendants in November,1936, alleging that the defendants had infringed two trade marks (P 1and P 2) registered by him in 1930 and 1934 in respect of beedies and passed off beedies of the plaintiff?s manufacture as and for the plaintiff?s beedies. The defendants filed answer pleading prior user and honest concurrent use

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