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december 2001

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.

Laxmikant V.Patel vs Chetanbhat Shah & Anr · Niyam