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april 1962

Supreme Court of India · 1962-04-27

AMRITDHARA PHARMACY vs SATYADEO GUPTA

Citation / case number
SC 1960/95
Court
Supreme Court of India
Petitioner
AMRITDHARA PHARMACY
Respondent
SATYADEO GUPTA
Author
S.K. DAS
Bench
S.K. DAS

Judgment text excerpt

The Supreme Court addressed the registration of the trade name 'Lakshmandhara' under the Trade Marks Act, 1940, specifically sections 8 and 10. The Court held that while the names 'Amritdhara' and 'Lakshmandhara' were likely to cause confusion, the appellant's acquiescence in the respondent's use of the name for an extended period justified the registration under section 10(2). The Court affirmed the High Court's decision, emphasizing that the comparison of trade names should consider the overall impression rather than individual components.

AMRITDHARA PHARMACY vs SATYADEO GUPTA · Niyam