Bench:Tarun Chatterjee
2 IP cases indexed. Covers trademark matters.
Cases Presided Over
2 cases indexed | Page 1 of 1
K. Narayanan And Anr. v.S. Murali
The Supreme Court dismissed the appeal, reaffirming that merely filing a trade mark application does not constitute a cause of action for a suit based on passing off. The judgment emphasized that an action for passing off requires established grounds demonstrating deception or injury to goodwill, which cannot be derived solely from a pending registration application filed by the alleged infringer. This ruling reinforces the legal requirement for concrete evidence of misrepresentation when seeking relief against passing off.
Jagadamba Fiscal Services Pvt. Ltd. v.Birla Corporation Ltd. And Anr.
This appeal before the Calcutta High Court challenged an interim order granted by a lower court in a passing-off suit concerning cement products. The plaintiff alleged that the defendant was deceptively using the trademark 'Durgapur Cement' and similar trade dress to pass off its goods as those of the petitioner. However, the appellate bench set aside the interim injunction, finding that the initial order failed to consider established legal factors for passing off actions and did not allow the appellant a proper opportunity to present its defense.
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