Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Trademark – Appellant sold special Biryani Rice under the mark “MALABAR |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Trade Marks Act, 1999 (47 of 1999) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Trademark – Appellant sold special Biryani Rice under themark “MALABAR”– Suit filed by appellant against respondents forinfringement and passing off special Biryani Rice under the mark‘MALABAR GOLD’ or other mark deceptively similar to ‘MALABAR’– High Court held that the respondents were entitled to use theword ‘MALABAR’ in conjunction with ‘BAROMA’ with modifications,for selling its Biryani Rice – On appeal, held: Though, appellant isthe registered owner of the label mark in Class-30, however, in thesaid registration u/Class-30, there is a disclaimer to the exclusiveuse of the word ‘MALABAR’ in terms whereof the appellant has noright over the exclusive use of the word ‘MALABAR’ – High Courtrightly held that the appellant cannot claim exclusive right over theuse of the word ‘MALABAR’ – Further, on comparing the label markof the appellant selling Biryani Rice with word ‘MALABAR’ and themodified label mark of the respondents, there is no similarity betweenthe two label marks – Impugned order not interfered with. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2018 INSC 602 |
Petitioner | Parakh Vanijya Private Limited |
Respondent | Baroma Agro Product And Others |
SCR | [2018] 6 S.C.R. 967 |
Judgement Date | 2018-07-12 |
Case Number | 6642 |
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