RUSTON & HORNSBY LTD. versus THE ZAMINDARA ENGINEERING CO.

RUSTON & HORNSBY LTD. versus THE ZAMINDARA ENGINEERING CO.

Where the respondent's trade mark is deceptively similar to that of the appellant, the addition of a suffix like 'INDIA' is of no consequence and does not prevent infringement under section 21 of the Trade Marks Act, 1940.

Parties
Appellant: Ruston & Hornsby Ltd.; Respondent: The Zamindara Engineering Co.
Jurisdiction
India
Judgment Date
08 September 1969
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave From a High Court Judgment
Outcome
Appeal allowed
Legal Topics
Trademark Infringement, Passing Off, Trade Marks Act, 1940
Intellectual Property Trademark Infringement Passing Off Trade Marks Act, 1940

Case Brief

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Parties

Ruston & Hornsby Ltd.

Appellant

The Zamindara Engineering Co.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave From a High Court Judgment

Legal Issues

  1. 1 Whether the addition of the word 'India' to a deceptively similar trademark avoids infringement under the Trade Marks Act, 1940

Ratio Decidendi

Where the respondent's trade mark is deceptively similar to that of the appellant, the addition of a suffix like 'INDIA' is of no consequence and does not prevent infringement under section 21 of the Trade Marks Act, 1940.

Court Disposition

Appeal allowed

Orders

  • Permanent injunction restraining the respondent from infringing the trade mark 'RUSTON' and from using 'RUSTAM' or 'RUSTAM INDIA'.
  • Nominal damages of Rs. 100 awarded to the appellant.