Niyam v2 is live — start for just ₹100 — 200 credits to try

may 2001

Supreme Court of India · 2001-05-01

Uniply Industries Ltd vs Unicorn Plywood Pvt. Ltd. & Ors

Citation / case number
AIR 2001 SUPREME COURT 2083
Court
Supreme Court of India
Petitioner
Uniply Industries Ltd
Respondent
Unicorn Plywood Pvt. Ltd. & Ors
Bench
S. Rajendra Babu, K.G. Balakrishnan

Judgment text excerpt

The Supreme Court upheld the trial court's decision to grant a temporary injunction in favor of the appellant under the Trade Marks Act, 1999, emphasizing that the appellant had established prior use of the trademarks UNIPLY and UNIBOARD, as evidenced by their trademark application dated January 14, 1996, and substantial business turnover. The Court found that the respondents failed to provide sufficient evidence of prior use or registration of the trademarks, thus affirming the balance of convenience in favor of the appellant. The Court's holding reinforced the principle that prior use of a trademark is critical in disputes regarding trademark infringement.

Uniply Industries Ltd vs Unicorn Plywood Pvt. Ltd. & Ors · Niyam