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february 1998

Supreme Court of India · 1998-02-19

MANMOHAN GARG vs M/S RADHA KRISHNA NARAYAN DAS THROUGH ITS PARTNERS

Citation / case number
SC 1996/80568
Court
Supreme Court of India
Petitioner
MANMOHAN GARG
Respondent
M/S RADHA KRISHNA NARAYAN DAS THROUGH ITS PARTNERS
Author
A.S. ANAND,B.N. KIRPAL,S. RAJENDRA BABU
Bench
A.S. ANAND,B.N. KIRPAL,S. RAJENDRA BABU

Judgment text excerpt

The Supreme Court upheld the findings of the High Court regarding the infringement of the registered trade mark 'Khargosh Chhap' under the Trade Marks Act, 1940, specifically noting that the appellant's use of a deceptively similar label constituted passing off. The Court confirmed that the plaintiff had established prior registration and use of the trade mark, thereby entitling him to a permanent injunction and damages. The appeal by the appellant was dismissed, affirming the lower courts' decisions.

MANMOHAN GARG vs M/S RADHA KRISHNA NARAYAN DAS THROUGH ITS PARTNERS · Niyam