Subbiah nadar,Administrator Of Estate Of Sokkalal Ram Sait V. Kumaraval Nadar Et Al

[IN THE PRICY COUNCIL.]

1946  Present: Lord Porter, Lord du Parcq and Sir John Beaumont.

SUBBIAH NADAR, Administrator of Estate of SOKKALAL

RAM SAlT, Appellant, and KUMARAVAL NADAR et al.,
Respondents.

PRIVY COUNCIL APPEAL No. 29 OF 1940.

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

Trade Marks-Infringement-Passing-off-Anterior user of similar trade mark-Honest concurrent user-Trade Marks Ordinance (Cap. 121) 88. 9, 19, 38, 40.

The plaintiff, who was the proprietor of two trade marks registered in the years 1930 and 1934, alleged that he had extensively used the said trade marks on packets of beedies manufactured and sold by him since the yours 1912 and 1934 respectively; that by reason of the said user the plaintiff?s beedies had been known to purchasers and intending purchasers as ?Photo Mark Beedies ?, ?Ram Sati Beedies? and ?Sokkalal Beedies? and that in the beedies trade, ?Photo Mark Beedies ?, ?Race Sati Beedies? and ?Sokkalal Beedies ?meant the beedies made and sold by the plaintiff; that the defendants had infringed the plaintiff?s said trade-marks and had advertised and sold i

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