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september 2003

Supreme Court of India · 2003-09-12

Hardie Trading Ltd. And Anr vs Addisons Paint And Chemicals Ltd

Citation / case number
AIR 2003 SUPREME COURT 3377
Court
Supreme Court of India
Petitioner
Hardie Trading Ltd. And Anr
Respondent
Addisons Paint And Chemicals Ltd
Author
Ruma Pal
Bench
Ruma Pal, B.N. Srikrishna

Judgment text excerpt

The Supreme Court addressed the dispute over the trademarks 'Spartan' and 'Spartan Velox', originally registered by James Hardie and Company, and the implications of a collaboration agreement with Addisons. The Court held that the registered user agreement, which allowed Addisons to use the trademarks, was contingent upon the payment of consideration that was never fulfilled, thus reinstating Hardie's rights over the trademarks. The Court emphasized that without the payment, the assignment of rights did not materialize, affirming Hardie's ownership under the Trade Marks Act, 1999.

Hardie Trading Ltd. And Anr vs Addisons Paint And Chemicals Ltd · Niyam