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.