Tuesday, May 18, 2010

Trade Marks Act, 1999

Section 28
Well known trade mark LARSEN and TOUBRO .

Application of the defendant also for registration of the mark LARSON in relation to plywood, veneer wood, venners, wood panelling, wood pulp board, timber, partitions not of metal, mouldable wood Clear case of use by the defendant of name/mark LARSON in relation to building related goods is an attempt to take advantage of the reputation and goodwill of the plaintiff and to pass off its goods and business as that of the plaintiff.

HELD Suit decreed with punitive damages in the sum of Rs 5 lacs inclusive of costs of the suit.

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