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Legislation

Trade Marks Act, 1940

4 Supreme Court judgments cite this Act.

AMERICAN HOME PRODUCTS CORPORATIONversusMAC LABORATORIES PRIVATE LIMITED AND ANR.

1985 INSC 21830 September 1985Appeal(s) allowed

The American Home Products Corporation (the appellant) applied in 1958 to register the trademark ‘Dristan’ in India, claiming it would be used by the appellant. In fact, the appellant intended the mark to be used in India by its Indian associate, Geoffrey Manners & Co., which would become a registered user under a tech

MANMOHAN GARGversusM/S RADHA KRISHNA NARAYAN DAS THROUGH ITS PARTNERS

1998 INSC 10219 February 1998Dismissed

The respondent owned the registered trade mark “Khargosh Chhap” (Reg. No. 112689) for bidis, registered in 1945. The appellant sold bidis under the label “Goat Cub”, which the respondent alleged was deceptively similar and amounted to passing off. The trial court dismissed the suit, but the High Court Single Judge and

TERAPALLI DYVASAHATA KUMARversusS.M. KANTHA RAJU (DEAD) THR. LRS. & ANR.

2017 INSC 74816 August 2017Appeal(s) allowed

The appellant, Terapalli Dyvasahata Kumar, filed a petition under Section 23 of the Andhra Pradesh Societies Registration Act, 2001, seeking declarations and injunctions concerning the management of a society. The District Court allowed the petition, holding that "District Court concerned" should be interpreted using t

CHANDRA KANTA SINHAversusORIENTAL INSURANCE CO. LTD. AND ORS.

2001 INSC 28012 May 2001Appeal(s) allowed

The appellant, owner of a truck involved in a fatal accident, challenged an interim compensation order of Rs. 50,000 passed by the trial court. The High Court Single Judge allowed the appellant's appeal, prompting the respondents to file a Letters Patent Appeal (LPA) under Clause 10 of the Patna High Court Letters Pate

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