SUMAT PRASAD JAIN versus SHEOJANAM PRASAD (DEAD) & ORS

SUMAT PRASAD JAIN versus SHEOJANAM PRASAD (DEAD) & ORS

The appellant used the complainant's property mark and sold goods so marked in a manner calculated to cause purchasers to believe the goods belonged to the complainant, thereby committing offences under sections 482 and 486 IPC.

Parties
Appellant: Sumat Prasad Jain; Respondent: Sheojanam Prasad (dead) & Ors.
Jurisdiction
India
Judgment Date
29 August 1972
Procedural Posture
Criminal Appeal / Final Appeal Decided by Supreme Court
Outcome
Appeal dismissed.
Legal Topics
Counterfeiting Property Mark, Distinction Between Trade Mark and Property Mark
Criminal Law Intellectual Property Counterfeiting Property Mark Distinction Between Trade Mark and Property Mark

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Parties

Sumat Prasad Jain

Appellant

Sheojanam Prasad (dead) & Ors.

Respondent

Procedural Posture

Criminal Appeal / Final Appeal Decided by Supreme Court

Legal Issues

  1. 1 Whether the appellant committed the offence of using a false property mark and of selling goods marked with a counterfeit property mark under sections 482 and 486 IPC
  2. 2 Distinction between trade mark and property mark for purposes of criminal liability

Ratio Decidendi

The appellant used the complainant's property mark and sold goods so marked in a manner calculated to cause purchasers to believe the goods belonged to the complainant, thereby committing offences under sections 482 and 486 IPC.

Court Disposition

Appeal dismissed.

Orders

  • Order of acquittal passed by the Additional Sessions Judge set aside.
  • Order of conviction and sentence by the Trial Magistrate restored.