Saturday, May 29, 2010

Trade Marks Act, 1999

Section 134, 135
Infringement of Trademark HELD application of plaintiff is maintainable as trade marks of the plaintiff have not been removed from the Register of Trade Marks .
Section 27
Passing off
Trade mark NEXXUS of the paalintiff having world wide presence . But the defendant engaged in the business of manufacture and trade of cosmetics, soaps, hair oil and other related products under name and style of Nexus Health and Home Care Pvt.Ltd defendant also stating that it is branding its products under trade mark SPA.
In the circumstances as a interim arrangement defendant restrained from using the trademark 'Nexxus' however defendant allowed to carry on its business under the trade name/trading style with condition that it shall not use the corporate name in any other manner which may be treated or may appear as a trade mark and submit quarterly accounts.
Applications disposed of

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