Supreme Court of India · 2001-12-04
Laxmikant V.Patel vs Chetanbhat Shah & Anr
- Citation / case number
- AIR 2002 SUPREME COURT 275
- Court
- Supreme Court of India
- Petitioner
- Laxmikant V.Patel
- Respondent
- Chetanbhat Shah & Anr
- Author
- R.C. Lahoti
- Bench
- R.C. Lahoti, K.G. Balakrishnan
Judgment text excerpt
The Supreme Court granted special leave to the plaintiff in a passing off action under the Trade Marks Act, holding that the plaintiff had established goodwill associated with the name 'Muktajivan Colour Lab' since 1982. The Court emphasized that the defendants' use of a similar name could lead to confusion among consumers, thus constituting passing off. The Court overturned the lower courts' refusal to grant an ad-interim injunction, recognizing the plaintiff's established rights to the trade name and the potential harm from the defendants' actions.