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august 2010

Supreme Court of India · 2010-08-27

Shalimar Chemicals Works Ltd vs Surendra Oil & Dal ...

Citation / case number
2010 AIR SCW 5200
Court
Supreme Court of India
Petitioner
Shalimar Chemicals Works Ltd
Respondent
Surendra Oil & Dal ...
Author
Aftab Alam
Bench
R.M. Lodha, Aftab Alam

Judgment text excerpt

The Supreme Court addressed the issue of trade mark infringement under the Trade and Merchandise Marks Act, 1958, specifically referencing Section 31(1) which mandates that original registration certificates must be presented as prima facie evidence of validity in legal proceedings. The Court upheld the High Court's decision to allow the appellant's application for additional evidence, thereby reversing the trial court's dismissal of the suit due to the lack of original documents. The Court established that the admissibility of original trade mark registration documents is crucial for proving ownership and validity in trade mark disputes, ultimately granting a permanent injunction in favor of the appellant.

Shalimar Chemicals Works Ltd vs Surendra Oil & Dal ... · Niyam