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december 2001

Supreme Court of India · 2001-12-04

LAXMIKANT V. PATEL vs CHETANBHAT SHAH

Citation / case number
SC 1998/14353
Court
Supreme Court of India
Petitioner
LAXMIKANT V. PATEL
Respondent
CHETANBHAT SHAH
Author
K.G. BALAKRISHNAN R.C. LAHOTI
Bench
K.G. BALAKRISHNAN R.C. LAHOTI

Judgment text excerpt

The Supreme Court addressed a dispute regarding passing off under Section 27 of the Trade Marks Act, 1999, where the plaintiff claimed exclusive rights to the name 'Muktajivan Colour Lab and Studio' since 1982. The Court held that the plaintiff's long-standing use of the name established goodwill, and the defendants' use of a similar name could mislead consumers, thus warranting an injunction. The Court granted the plaintiff's request for an ad-interim injunction to prevent the defendants from using the name until the case was resolved.

LAXMIKANT V. PATEL vs CHETANBHAT SHAH · Niyam