Tuesday, May 18, 2010

Trade Marks Act, 1999 Section 31

HELD
Both parties are German Companies and are using the mark/word LOWENBRAU
all over the world and are distinguished by other mark/word on their
label/mark—Mark/word LOWENBRAU is a part of public juris in Germany
and in most countries with German beer and is not distinctive of a
particular manufacturer Further HELD Concurrent and honest user was a valid
defence against an action for infringement Therefore, ex parte stay order vacated

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