Executive Summary
The Allahabad High Court dismissed a civil revision filed by Izhar Ali & Anr. against M/S Sikka Namkeen Bhandar. The defendants argued that since 'Sikka Namkin' was not registered as a trademark, the suit seeking injunction was barred by law. However, the court clarified that under Section 27 of the Trade Marks Act, 1999, a claim for passing off action can be maintained even in respect of an unregistered trademark. Consequently, the challenge to the lower court's rejection of the application failed.
Practitioner Note
This case demonstrates the evidentiary and procedural standards applied in patent matters before Allahabad High Court. Understanding the court's reasoning in Izhar Ali & Anr. vs M/S Sikka Namkeen Bhandar, Palri Bagh, Bahraich & Anr. is valuable context for structuring arguments or assessing risk in similar proceedings.
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