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july 2004

Supreme Court of India · 2004-07-16

Baker Hughes Ltd. And Anr. vs Hiroo Khushlani And Anr.

Citation / case number
AIRONLINE 2004 SC 44
Court
Supreme Court of India
Petitioner
Baker Hughes Ltd. And Anr.
Respondent
Hiroo Khushlani And Anr.
Author
S.N. Variava
Bench
S.N. Variava, Arijit Pasayat

Judgment text excerpt

The Supreme Court held that the Division Bench of the Delhi High Court erred in vacating the interim injunction granted by the Single Judge, which restrained the 2nd Respondent from using the name 'Baker'. The Court emphasized that the Appellants had a trans-border reputation and goodwill associated with the name, and the use of 'Baker' by the 2nd Respondent without permission constituted passing off. The Court found that the Agreement dated 21.12.1984, which allowed the use of the name, was enforceable despite the Division Bench's ruling to the contrary, thus reinstating the injunction.

Baker Hughes Ltd. And Anr. vs Hiroo Khushlani And Anr. · Niyam