Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Intellectual Property Passing-off in trade mark |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Copyright Act, 1957 (14 of 1957) Trade Marks Act, 1999 (47 of 1999) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Intellectual Property - Passing-off in trade mark - Infringement of copyright - Appellant is sole proprietor of a Karnataka based firm carrying on manufacture of incense sticks (agarbathis), which adopted the trade mark 'Eenadu' and started selling its product in the State of Andhra Pradesh . Respondent company, engaged in the business of publishing a newspaper in Telugu entitled as 'Eenadu' and other businesses in the State of Andhra Pradesh, filed a suit for infringement of copyrights and passing-off trade mark. Whether the appellant should be permitted to sell his product with the mark 'Eenadu' in the State of Andhra Pradesh - Held: The respondent company's mark 'Eenadu' has acquired extraordinary reputation and goodwill in the State of Andhra Pradesh - 'Eenadu' means literally the products or services provided by the respondent company in the State of Andhra Pradesh - In this background, the appellant cannot be referred or termed as an honest concurrent user of the mark 'Eenadu' - Adoption of the words 'Eenadu' is ex facie fraudulent and ma/a fide from the very inception - By adopting the mark 'Eenadu' in the State of Andhra Pradesh, the appellant clearly wanted to ride on the reputation and goodwill of the respondent company - Permitting the appellant to sell his product with the mark 'Eenadu' in the State of Andhra Pradesh would definitely create confusion in the minds of the consumers because the appellant is selling Agarbathies marked 'Eenadu' designed or calculated to lead purchasers to believe that its product Agarbathies are in fact the products of the respondent company - No one can be permitted to encroach upon the reputation and goodwill of other parties. This approach is in consonance with protecting the proprietary rights of the respondent company. |
Judge | Hon'ble Mr. Justice Dalveer Bhandari |
Neutral Citation | 2011 INSC 176 |
Petitioner | T.v. Venugopal |
Respondent | Ushodaya Enterprises Ltd. And Anr. |
SCR | [2011] 4 S.C.R. 1000 |
Judgement Date | 2011-03-03 |
Case Number | 6314-6315 |
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