Saturday, May 29, 2010

Trade Marks Act, 1999

Section 27
Dispute as to Trade mark "Atul" . The word "Atul" is a name which is quite commonly in use as a name therefore the name of a person commonly used is a generic term.
Plaintiff using trade name "Atul Chemicals" as against this the defendant's usage is of different kind. No confusion shown by the Plaintiff which could have been likely caused by the defendant in this regards have to been shown .
HELD - For want of any confusion having been caused by the Defendant in use of the name, no injunction can be issued against the defendants. Suit ordered to be dismissed.

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