MANMOHAN GARG versus M/S RADHA KRISHNA NARAYAN DAS THROUGH ITS PARTNERS

MANMOHAN GARG versus M/S RADHA KRISHNA NARAYAN DAS THROUGH ITS PARTNERS

Appellant's label was found deceptively similar and identical to respondent's registered trade mark, respondent's registration and user precedence was established; thus the appeal was meritless and dismissed.

Parties
Appellant: Manmohan Garg; Respondent: M/s Radha Krishna Narayan Das through its partners
Jurisdiction
India
Judgment Date
19 February 1998
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal From Division Bench of High Court
Outcome
Appeal dismissed with costs.
Legal Topics
Trade Mark Infringement, Passing Off, Permanent Injunction, Damages
Intellectual Property Trademark Law Trade Mark Infringement Passing Off Permanent Injunction Damages

Case Brief

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Parties

Manmohan Garg

Appellant

M/s Radha Krishna Narayan Das through its partners

Respondent

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal From Division Bench of High Court

Legal Issues

  1. 1 Whether the defendant/appellant used a deceptively similar label to the registered trade mark of the plaintiff/respondent on Bidis
  2. 2 Whether the respondent is entitled to injunction and damages for infringement and passing off

Ratio Decidendi

Appellant's label was found deceptively similar and identical to respondent's registered trade mark, respondent's registration and user precedence was established; thus the appeal was meritless and dismissed.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs